Volume II, s.6 International Criminal Proceedings, Ch.38 Compensation to an Arrested or Convicted Person
Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones
- International courts and tribunals, decisions — Imprisonment
Article 85 of the ICC Statute provides for a right to compensation for unlawful arrest (and detention), unjust conviction and unjust detention, implying a miscarriage of justice.1 These guarantees are to a large extent an implementation of international human rights rules on the right of compensation. However, in respect of the right to compensation for unjust detention (Article 85(c) ), the ICC Statute has gone beyond international human rights law.Article 85 lays down three distinct rights. On the one hand, compensation for unlawful arrest, which presupposes a...