Document Type : Research Article

Authors

• Parichehr Ghanbari ¹
• Hojatolla Rashnavadi ²

¹ Assistant Professor, Department of Law and Humanities, National University of Maharat

² Doctorate in Criminal Law from Qom University

Abstract

The principles of fair trial, particularly the right to be tried within a reasonable time without undue delay, constitute one of the most important guarantees of defendants’ rights in international human rights instruments and the system of international criminal justice. Despite the explicit recognition of this right in international legal instruments, the practice of international criminal courts reveals a persistent pattern of prolonged proceedings in the adjudication of international crimes. This situation reflects a tension between the established norms of fair trial and the actual performance of international criminal tribunals, which may undermine the legitimacy and effectiveness of this system. Accordingly, the main objective of this study is to explain the causes of the undue delays in international criminal proceedings, notwithstanding the recognition of this right, and to examine the possibility of compensating for the damages resulting from such delays within existing legal instruments and judicial practices. This research adopts a descriptive–analytical method and, through the examination of legal documents and judicial decisions, evaluates the dimensions of this tension. The findings indicate that factors such as the inherent complexity of international crimes, institutional and administrative limitations of tribunals, difficulties in evidence gathering, and shortcomings in statutory frameworks are among ...

Keywords

• Right to trial without undue delay
• international criminal tribunals
• Compensation
• fair trial
• international criminal procedure

Main Subjects

• Criminal Law