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Part 6 The Trial: Le Procès, Art.66 Presumption of innocence/Présomption d’innocence

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 15 July 2024

Human rights remedies — Elements of crimes — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 66 of the Rome Statute of the International Criminal Court. The presumption of innocence is enshrined in article 11(1) of the Universal Declaration of Human Rights and echoed in the universal and regional human rights conventions. It provides a cornerstone for the fairness of the trial in a substantive as well as a procedural sense. Article 66 declares that everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law. The burden is on the Prosecutor to prove the guilt of the accused. The Court must be convinced of the guilt of the accused beyond reasonable doubt in order to convict the accused.

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