ABSTRACT

The fully-fledged legal disciplines of international human rights law and international criminal law both emerged from the aftermath of the Second World War. This chapter examines the extent to which international human rights law has influenced the development of international criminal procedure. It begins with a discussion of whether the international criminal tribunals are formally bound by international human rights standards. The chapter discusses the institutional interplay between international criminal tribunals and international human rights courts, before providing a number of areas of international criminal procedure where international human rights law has had a formative influence. While human rights law standards are not strictly binding on most of the international criminal tribunals, human rights law has exerted a remarkable influence over the moulding and interpretation of international criminal procedure. A greater symbiosis between the two bodies of law would be welcome in developing a clearer understanding of what the right to a fair trial requires under international law.