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Human Rights Protection In The ICC Pre-Trial Phase

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Chapter Summary

This chapter addresses the effect of Article 21 (3) of the International Criminal Court (ICC) Statute for the overall application of human rights law. It examines the application of Article 59, offering legal protection to arrests performed by national authorities. Regarding human rights, the central matter seems to be whether the particular context of international criminal justice mechanisms warrants a re-interpretation of the existing corpus of human rights law. The criticism on international criminal tribunals from a human rights perspective is fed by a number of questionable practices. Article 59 attributes the individual arrested by national authorities certain rights, and the provision imposes clear obligations on the State arresting an individual at the request of the ICC. The degree of protection offered by Article 59 is a welcome contribution to increased supervision by international criminal tribunals over what is going on in the pre-trial phase.

Keywords: Article 59; human rights law; International Criminal Court (ICC); pre-trial phase



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