The International Criminal Court and the right to interim release
By: Maïté Van Regemorter
Series: Collection de droit international -- 86; Collection de droit international (Brussels, Belgium) -- 86
Publisher: Bruylant
Published: 2018
Place of publication: Bruxelles [Belgium]
Language: eng
Number of pages: 240
ISBN-13: 9782802759706
Subjects: Rules and practice; Criminal procedure (International law); Human rights; International Criminal Court
Description: Does a person accused of genocide, crimes against humanity or war crimes before the International Criminal Court (ICC) enjoy the same human rights as a person accused of the same crimes before a national jurisdiction? In other words, to what extent does the ICC have an obligation to respect human rights of a suspect or accused person and, if so, can it do so?0The purpose of this book is precisely to answer this question by focusing on the right to interim release of an accused. It seeks to draw attention to this issue and improve the practice of the ICC by presenting a clear legal argument from which key actors,0such as defense lawyers, can draw from to enforce their clients? right to freedom. To this end, it identifies the basis of the ICC's legal obligation and defines the right to provisional release pending trial. On the basis of this definition, the compliance by the ICC with this obligation is analyzed. Like other authors who examined the question of the applicability of human rights to the ICC, the author of this book considers that the particular context in which the ICC acts must be taken into account when assessing its ability to respect human rights. However, unlike such authors, this book demonstrates that, regarding the right to interim release, this particular context is not necessarily an obstacle that defense lawyers must uncritically accept.
Notes: Includes bibliographical references.