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Part 6 The Trial: Le Procès, Art.67 Rights of the accused/Droits de l’accusé

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, 2021. All Rights Reserved.date: 22 January 2021

Subject(s):
Elements of crimes — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 67 of the Rome Statute of the International Criminal Court. Article 67 confers the right to a ‘fair hearing’ to an ‘accused’ person ‘[i]n the determination of any charge’. Article 67 closely resembles article 14(3) of the International Covenant on Civil and Political Rights as well as fair trial clauses found in national constitutions. It is not, however, a typical provision found within criminal or penal codes as such. In effect, such texts generally belong in constitution-type instruments, where their role is hierarchically superior to the criminal law texts that they frame and control.

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