A discussion regarding the modern concept of equality of arms.
Written in 2006; 3,068 words; 26 sources; APA; $ 89.95
Paper Summary:
This paper takes a look at modern day warfare and the role of the equality of arms concept at International Criminal Tribunals. The paper concludes by reviewing the impact of the Military Commission Act of 2006 on the theory of equality of arms.
From the Paper:
"Even from the beginning, the purpose of these international tribunals was to have fair trials in order for justice to be properly served . In order to do so, it would have been necessary that the principle of equality of arms would have been respected. Unfortunately, in the case of the ICTY and the ICTR, equality of arms meant only that the accused would receive proper counsel but not the same resources as the prosecutors. For example, in the first case before the ICTY, that of Dusko Tadic, the lawyers assigned to represent him were not properly "trained" to be able to do so, because their expertise did not include that specific type of adversarial proceedings. Moreover, while the prosecutors benefited from the Special Legal Services division created by the tribunal, there was no such thing for the defense counsel. From the financial point of view, there were also some serious problems. For example, the defense lawyer's fees were considerably smaller than the ones of the prosecutors. Fortunately, the defense's petition for an increase of the daily fees, addressed to the Registry, was approved, thus improving the situation. There were also insufficient funds to cover administrative costs; an important fact influencing the fate of the trial was that the Serb authorities did not cooperate with the defense team and that witnesses could not be brought to the location of the trial in order to be questioned."
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