Judge Patrick Robinson*
The right to a fair trial is an ancient one and is synonymous with the trial process itself. It would be nonsense to speak of the permissibility of an unfair trial. After centuries of implementation in practice, the right to a fair trial, which was finally codified in the international human rights instruments following World War II, is now universally recognized.
In this article, I will endeavour to trace the right to a fair trial from its early roots up to the present day. Understanding its long history and realizing how little it has changed over the centuries clearly demonstrate its fundamental character and its status as a rule of customary international law. I will also consider whether it qualifies as a peremptory norm of general international law or jus cogens. Furthermore, a brief survey will be undertaken to show how the International Criminal Tribunal for the Former Yugoslavia (“ICTY”) has integrated this right into its legal system.