Due Process & ICC Case

Due Process & ICC Case

I need help in the following

• Review the Due Process in Proceedings Before International Criminal Tribunals in Section C on page 124 of your text.
  • Select either the International Military Tribunals in Nuremberg or the International Military Tribunals in Tokyo and conduct research involving either one of these Tribunals.
  • Provide a background of the purpose of these Tribunals and what each was intended to provide to criminal defendants.
  • Offer your assessment of the success of the Tribunal in accordance with the commitment to protection of Due Process Rights of Human Criminal Defendants.

I also need help in the following

• Conduct research and locate a case that involves either pretrial rights or trial rights that was heard in the international arena before the International Criminal Court.
  • Provide a brief summary of the main issues, the pretrial and trial process, and the outcome of the case.
  • Discuss how the case reflects the defendant being provided with five pretrial rights or trial rights.
  • Provide specific examples of these rights in action during the specific case you researched and selected.

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• What was the purpose and defendant protections of the Nuremberg Tribunal?,

• How successful was Nuremberg in upholding due process?,

• What is an ICC case involving trial or pretrial rights?,

• What are the main issues process and outcome of your selected ICC case?,

• How were at least five pretrial/trial rights applied in that case?

1️⃣ International Military Tribunal at Nuremberg

Purpose & Defendant Protections
The Nuremberg Tribunal (1945–46) was established by the Allied powers to prosecute top Nazi leaders for crimes against peace, war crimes, and crimes against humanity icc-cpi.int+15nationalww2museum.org+15openaccess.wgtn.ac.nz+15ojs.victoria.ac.nz+2papers.ssrn.com+2openaccess.wgtn.ac.nz+2coalitionfortheicc.org+1ohchr.org+1. It aimed to provide criminal defendants with a structured legal forum, anchored in the London Charter, which guaranteed certain procedural rights like legal representation, clarity of charges, and opportunity to present evidence .

Assessment of Due Process Success
While the tribunal institutionalized unprecedented legal standards—such as presumption of innocence, right to counsel, and written judgments—scholars note significant shortcomings. Notably, the absence of an appellate mechanism, issues with ex post facto application of laws, and limited defense time to prepare were cited . Therefore, Nuremberg marked a major advancement in international criminal justice but partially fell short in fully realizing due process ideals.

2️⃣ ICC Case: The Prosecutor v. Thomas Lubanga Dyilo

Case Summary
Thomas Lubanga Dyilo, former militia leader from the Democratic Republic of Congo, was the first individual arrested under an ICC warrant (2006) for enlisting child soldiers icc-cpi.int+14papers.ssrn.com+14nationalww2museum.org+14time.com+6en.wikipedia.org+6en.wikipedia.org+6. His confirmation of

✅ Conclusion

Nuremberg established fundamental standards for international due process but was imperfect in execution. The Lubanga case reflects a maturing system: the ICC more rigorously enforces rights such as presumption of innocence, counsel, disclosure, and judicial oversight. This evolution underscores increasing adherence to global legal norms and protection of defendants’ rights in transnational justice.