SEEU Review (Dec 2015)
Interpretation Of “Equality Of Arms” In Jurisprudence Of AD Hoc Tribunals And ICC
Abstract
Principle of equality of arms is part of fair trial concept, which encompasses several guarantees linked to the defence opportunities during the criminal procedure. The accused person is entitled to a fair trial. Balance of rights between the parties is bedrock for procedural fairness and the judge has to perform his competence in providing all necessary preconditions as for the trial to be fair.