The Principle of "Equality of Arms" and the Evolving Law of International Criminal Procedure

Emphasizes the critical role of the principle of "equality of arms" in the lawful administration of international justice, assuming that this principle is a component of the fundamental rules at the core of both domestic & international legal procedure. Particular attention is directed to the jurisprudence of major judicial entities such as the International Court of Justice, the European & Inter-American Courts of Human Rights, & the Court of Justice of the European Communities. The specific focus is on criminal justice, highlighting the international application of procedural fairness. Significant decisions of the International Criminal Tribunals for Rwanda & the former Yugoslavia that are pertinent -- & controversial -- for the "equality of arms" argument are reviewed: drafting indictments, "adequate" resource allocation for the defendant's due process rights, & evidentiary issues. K. Coddon