The Principle of Equality of Arms in International Law

Abstract

The issue of equality is one of the most prominent and fundamental topics of modern times, emphasized by human rights organizations within the framework of international agreements that stress the necessity for states to adhere to a set of basic rights. Among these rights are equality before the law, achieving justice, and the right to a fair trial. To ensure the desired justice, it is essential to establish a balance between prosecution and defense to the greatest extent possible, contributing to the attainment of the intended objectives of the legal system. The principle of equality is considered one of the fundamental constitutional principles that most constitutions strive to include in their texts. The concept of equality has witnessed remarkable development, transitioning from its traditional meaning of absolute equality to a modern concept focused on achieving equality between similar legal standings. Legislators aim to define these legal standings in advance within the framework of criminal procedures, ensuring equality before the law, under the law, and in its application.