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Does the International Criminal Court have the capacity to act in conformity with the right to liberty?

Van Regemorter, Maïté (2016) Does the International Criminal Court have the capacity to act in conformity with the right to liberty? Doctor of Laws (LLD) thesis, University of Kent. (KAR id:59923)

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Abstract

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.

Item Type: Thesis (Doctor of Laws (LLD))
Uncontrolled keywords: right to liberty - International criminal court - interim release - human rights
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: Users 1 not found.
Date Deposited: 18 Jan 2017 18:00 UTC
Last Modified: 16 Feb 2021 13:41 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/59923 (The current URI for this page, for reference purposes)
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