In this thesis I endeavour to answer the research question whether the ICC has a legal obligation to respect the right to liberty and, if so, whether it has the capacity to do so. I also put forward a framework wherein this capacity is made compatible with the legal obligation to respect the right to liberty incumbent upon the ICC and its State Parties. For this purpose, the law that the ICC has to respect is analysed first. Secondly, the human rights regime regarding pre-conviction detention is defined and the respect thereof by the ICC is studied. Thirdly, following the presentation of the arguments related to the pertinence of an application of the right to liberty given the specific context in which the ICC appears to operate, this allegedly specific context is examined and compared with the context of other international tribunals. Finally, after outlining the specificities of the ICC context, several ways to legally eliminate these specificities are envisaged through an analysis of the ICC cooperation regime and the enforcement regime of international human rights instruments such as the InternationalCovenant on Civil and Political Rights or the European Convention on Human Rights.
| Identifer | oai:union.ndltd.org:bl.uk/oai:ethos.bl.uk:702506 |
| Date | January 2016 |
| Creators | Van Regemorter, Maïté |
| Publisher | University of Kent |
| Source Sets | Ethos UK |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Source | https://kar.kent.ac.uk/59923/ |
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