Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

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

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

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.

Affiliations: 1: Registry of the European Court of Human Rights Strasbourg France

10.1163/157180310X518343
/content/journals/10.1163/157180310x518343
dcterms_title,pub_keyword,dcterms_description,pub_author
6
3
Loading
Loading

Full text loading...

/content/journals/10.1163/157180310x518343
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/157180310x518343
Loading

Article metrics loading...

/content/journals/10.1163/157180310x518343
2010-09-01
2016-12-10

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    The Law & Practice of International Courts and Tribunals — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation