Part V Fairness and Expeditiousness of ICC Proceedings, 42 The Roads to Freedom—Interim Release in the Practice of the ICC

Subject(s):

Detention — Evidence — Admissibility of evidence — Prosecution — International crimes

This Chapter examines whether the ICC has managed to achieve an appropriate balance between two competing values: the accused’s right to liberty and the effective administration of international criminal justice. It analyses the Court’s case-law on interim release, comparing it to the jurisprudence of the ad hoc tribunals and human rights courts. It covers the allocation of burden of proof in interim release cases, as well as the three grounds for interim release provided by the Rome Statute and the Court’s jurisprudence: absence of the risk of flight, interference with the proceedings, and further commission of crimes; unreasonable length of detention; and exceptional humanitarian circumstances. The Chapter points out shortcomings in the current legal framework of the Court and suggests several amendments of the Rome Statute in order to ensure that the accused individuals can effectively challenge their detention.