At first glance, Article 11 says that every human being is innocent until proven guilty, a fundamental element of fair trials and the rule of law, and a concept everyone can understand. But dig a little deeper into this Article, and we uncover a fascinating story about the development of international courts with the power to hold individuals accountable for the most heinous crimes known to humankind.
The right to a fair trial is at the heart of Article 10, one more section of the 1948 Universal Declaration of Human Rights (UDHR) that aims to prevent a repetition of the atrocities of Hitler’s Germany, where compliant judges and courts served the aims of the Nazi regime, rather than the cause of justice in the interest of the people. Some guarantees of a fair trial, including the right to presumption of innocence, can also be found in Articles 6, 7, 8 and 11 of the Declaration.
The right to a fair trial has been accepted beyond dispute by every country (even if they do not always honour it). Fair trials not only protect suspects and defendants, they make societies safer and stronger by solidifying confidence in justice and the rule of law.
But what is a fair trial?
Article 1-All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.