Multi-Actor Human Rights Protection at the International Criminal Court

Examines the shared responsibilities and challenges for protecting the human rights of witnesses and accused at the International Criminal Court.

Emma Irving (Author)

9781108481069, Cambridge University Press

Hardback, published 5 March 2020

274 pages
23.5 x 15.7 x 1.8 cm, 0.5 kg

'This book carefully disentangles the complex web of protective obligations that different actors have towards individuals involved in ICC proceedings. It exposes incidental as well as structural gaps in the protective regimes. As such, the book offers a unique perspective. While critical in approach, it is written with great dedication to the overall goals of the ICC and is thus of enormous value for both academics and practitioners alike.' Larissa van den Herik, Professor and Vice Dean of Leiden Law School, Leiden University

Conversations about the involvement of States in the workings of the International Criminal Court often focus on the role of State cooperation in enabling the ICC to carry out criminal trials. However, there is a dimension to this cooperation that is underexplored. Whenever the ICC relies on the assistance of States, or States otherwise become involved in its functioning, the human rights of accused and witnesses involved in proceedings may be adversely affected. The simultaneous involvement of the ICC, ICC States Parties, and the ICC host State - whilst essential and unavoidable - can insert ambiguity and uncertainty into the protection of individuals, leaving the door open for human rights violations. This book explores this phenomenon of multi-actor human rights protection at the ICC. By setting out the relevant obligations of the different actors, the book highlights potential problems in human rights protection and proposes ways to mitigate them.

Introduction
1. The human rights obligations of the ICC
2. Statute
3. Suspects, accused, convicted, and acquitted
4. Witnesses
5. The human rights obligations of the ICC host state
6. Accused, convicted, and acquitted
7. Detained and non-detained witnesses
8. Evaluation and proposals for change
9. Conclusion
Bibliography
Index.

Subject Areas: International criminal law [LBBZ], International human rights law [LBBR], Public international law [LBB], Human rights [JPVH]