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Part 8 Appeal and Revision: Appel et Révision, Art.85 Compensation to an arrested or convicted person/Indemnisation des personnes arrêtées ou condamnées

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: 13 June 2024

Appeals — Elements of crimes — International criminal law, victims — Evidence

This chapter comments on Article 85 of the Rome Statute of the International Criminal Court. Article 85 grants anyone who has been the victim of unlawful arrest or detention an enforceable right to compensation. Compensation is authorized under three scenarios: (i) in the event of unlawful arrest or detention, even if a person is never brought to trial; (ii) where a person has been convicted and punished, and the conviction is later overturned as a result of discovery of new facts; and (iii) if a person has been acquitted or proceedings terminated, compensation is available when the person has been detained, but only ‘in exceptional circumstances’. The travaux préparatoires confirm the intent of the drafters to align the rights contained in article 85 with the relevant provisions of the International Covenant on Civil and Political Rights.

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