- The shared protection of human rights at the International Criminal Court
- Award date
- 24 March 2017
- Number of pages
- Document type
- PhD thesis
- Faculty of Law (FdR)
This thesis analyses the situations in which human rights protection is shared between the ICC and its States Parties. In particular, it looks at the obligations of the ICC and States to protect the rights of accused and witnesses involved in ICC proceedings.
Throughout the course of ICC proceedings, the Court has important functions to carry out: it must conduct investigations, arrest suspects, protect witnesses, and so on. Some functions the ICC can carry out independently, whereas for others it requires the assistance of a State. For instance, when it comes to apprehending suspects, the ICC relies on States to arrest individuals on its behalf. Each of the ICC’s functions touches upon human rights in some way. Arrest involves the right to liberty, witness protection involves the right to life, etc. Wherever the ICC relies on a State to help it carry out a function, it must also rely on that State to help it protect the rights that are affected by that function. Just as it cannot carry out the function alone, so too it cannot protect human rights alone. This is the phenomenon of sharedness explored in this thesis, and in these situations, the protection of human rights is said to be shared.
The thesis concludes that the shared protection of human rights at the ICC is inadequate, either because the law itself is problematic, or because, due to the circumstances surrounding a given situation, the law is unlikely to be properly implemented. The thesis closes with a number of recommendations as to how this inadequacy could be tackled.
Thesis (complete) (Embargo up to and including 24 March 2019)
2. CHAPTER 2: The basis for the human rights obligations of the ICC and states (Embargo up to and including 24 March 2019)
3. CHAPTER 3: Suspects and accused (Embargo up to and including 24 March 2019)
4. CHAPTER 4: Convicted and acquitted (Embargo up to and including 24 March 2019)
5. CHAPTER 5: Witnesses located on the territory of a state party (Embargo up to and including 24 March 2019)
6. CHAPTER 6: Witnesses located at the seat of the Court (Embargo up to and including 24 March 2019)
7. CHAPTER 7: Evaluation, proposals for change, and conclusion (Embargo up to and including 24 March 2019)
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