Pre-Conviction Detention before the International Criminal Court: Compliance or Fragmentation?

in The Law & Practice of International Courts and Tribunals
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Abstract

This article analyses nascent case law of the International Criminal Court on provisional detention at the investigation stage and in the course of trial (together referred to as “pre-conviction detention”) vis-à-vis the standards developed in the jurisprudence of the European Court of Human Rights, being a reflection of “internationally recognized human rights” to which the ICC, according to its Statute, must adhere. At least several instances of presumed inconsistencies are detected. It is argued that international criminal tribunals should above all comply with standards set by international human rights law for domestic criminal proceedings, in particular when the most fundamental and basic human right ‐ the right to personal liberty ‐ is affected. Failure to comply entails a serious risk of hazardous fragmentation.

Pre-Conviction Detention before the International Criminal Court: Compliance or Fragmentation?

in The Law & Practice of International Courts and Tribunals

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