Keywords
International Criminal Tribunal for the Former Yugoslavia, International Criminal Court, Article 21(3) Rome Statute, Pre-trial detention, Presumption of innocence, Right to liberty, State cooperation
Abstract
This article builds on Professor Meghan Fairlie’s earlier critique of pre-trial detention practices at the International Criminal Tribunal for the Former Yugoslavia (ICTY). Fairlie identified significant shortcomings in safeguarding the right to liberty and the presumption of innocence of detainees, arguing that the Tribunal’s approach was inconsistent with international human rights law (IHRL). Fifteen years later, how has the International Criminal Court (ICC) addressed these concerns? While the Rome Statute introduces notable improvements, including an explicit commitment to IHRL, the Court’s practice still heavily favors detention over liberty. A key issue remains the ICC’s reliance on State cooperation for provisional release, which effectively undermines detainees’ right to liberty. However, as the ICC continues to shape the future of international criminal justice, a more robust human rights protection is essential for safeguarding its legitimacy and credibility.
Recommended Citation
Ava Schuster & Göran Sluiter, Provisional Release at International Criminal Courts and Tribunals – Lessons Learned?, 19 FIU L. Rev. 539 (2025), https://doi.org/10.25148/lawrev.19.2.10.
Included in
Comparative and Foreign Law Commons, Criminal Law Commons, Criminal Procedure Commons, Human Rights Law Commons, International Law Commons
