Chapter 6 • The Right to a Fair Trial: Part I – From Investigation to Trial 4. The Right to Equality before the Law and Equal Treatment by the Law The right to equality before the law and equal treatment by the law, or, in other words, the principle of non-discrimination, conditions the interpretation and application not only of human rights law stricto sensu, but also of international humanitarian law.2 According to article 26 of the International Covenant on Civil and Political Rights, for instance, “all persons are equal before the law and are entitled without any discrimination to the equal protection of the law”. Similar provisions are contained in article 3 of the African Charter on Human and Peoples’ Rights and article 24 of the American Convention on Human Rights. Further, article 20(1) of the Statute of the International Criminal Tribunal for Rwanda and article 21(1) of the Statute of the International Criminal Tribunal for the former Yugoslavia provide that “all persons shall be equal before” these Tribunals. On the other hand, the principle of equality or the prohibition of discrimination does not mean that all distinctions are forbidden, and in this respect the Human Rights Committee has held that differential treatment between people or groups of people “must be based on reasonable and objective criteria”.3 However, further details as to the interpretation of the principle of equality and the prohibition of discrimination will be provided in Chapter 13 below. The specific right to equality before the courts is a fundamental principle underlying the right to a fair trial, and can be found expressis verbis in article 14(1) of the International Covenant on Civil and Political Rights, according to which “all persons shall be equal before the courts and tribunals”.4 Although not contained in the corresponding articles on fair trial in the regional conventions, the right to equality before the courts is comprised by the general principle of equality protected thereby. 2 See e.g. articles 1, 2 and 7 of the Universal Declaration of Human Rights; articles 2(1), (3), 4(1) and 26 of the International Covenant on Civil and Political Rights; article 2(2) of the International Covenant on Economic, Social and Cultural Rights; articles 2, 3, 18(3) and 28 of the African Charter on Human and Peoples’ Rights; articles 1, 24 and 27(1) of the American Convention on Human Rights; article 14 of the European Convention on Human Rights; articles 2 and 15 of the 1979 Convention on the Elimination of All Forms of Discrimination against Women; article 2 of the 1989 Convention on the Rights of the Child; and the 1966 International Convention on the Elimination of All Forms of Racial Discrimination. Of the four 1949 Geneva Conventions, see e.g. articles 3 and 27 of the Geneva Convention relative to the Protection of Civilian Persons in Time of War; articles 9(1) and 75(1) of the 1977 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol I); and articles 2(1) and 4(1) of the 1977 Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II). 3 Communication No. 694/1996, Waldman v. Canada (Views adopted on 3 November 1999), in UN doc. GAOR, A/55/40 (vol. II), pp. 97-98, para. 10.6. 4 See also article 5(a) of the 1966 International Convention on the Elimination of All Forms of Racial Discrimination, which provides for “the right to equal treatment before the tribunals and all other organs administering justice”; article 21(1) of the Statute of the International Criminal Tribunal for the former Yugoslavia, according to which “all persons shall be equal before the International Tribunal”; article 21(1)of the Statute of the International Criminal Tribunal for Rwanda; and article 67(1) of the Statute of the International Criminal Court. Human Rights in the Administration of Justice: A Manual on Human Rights for Judges, Prosecutors and Lawyers 217