{"title":"没有救济的权利?国际刑事法院无罪推定制度的发展","authors":"M. Coleman","doi":"10.1163/15718123-bja10107","DOIUrl":null,"url":null,"abstract":"\nThis article examines the presumption of innocence’s development at the International Criminal Court. While the presumption of innocence was hardly debated at the Rome Conference, several issues surrounding the presumption have been open to wide interpretation by the Court. This article argues that since the Rome Statute’s entry into force, the presumption of innocence goes beyond the text of Article 66 and has become a robust right that has application both inside and outside of the courtroom and has effect during the Situation, Pre-Trial and Trial phases. Despite these developments, what happens when the right is violated remains an open question. The paper will conclude that while the presumption of innocence may be better defined and more protective than it was 20 years ago, what happens in the case of a violation continues to be an area for further development.","PeriodicalId":55966,"journal":{"name":"International Criminal Law Review","volume":" ","pages":""},"PeriodicalIF":0.8000,"publicationDate":"2021-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Right Without Remedy? The Development of the Presumption of Innocence at the International Criminal Court\",\"authors\":\"M. Coleman\",\"doi\":\"10.1163/15718123-bja10107\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"\\nThis article examines the presumption of innocence’s development at the International Criminal Court. While the presumption of innocence was hardly debated at the Rome Conference, several issues surrounding the presumption have been open to wide interpretation by the Court. This article argues that since the Rome Statute’s entry into force, the presumption of innocence goes beyond the text of Article 66 and has become a robust right that has application both inside and outside of the courtroom and has effect during the Situation, Pre-Trial and Trial phases. Despite these developments, what happens when the right is violated remains an open question. The paper will conclude that while the presumption of innocence may be better defined and more protective than it was 20 years ago, what happens in the case of a violation continues to be an area for further development.\",\"PeriodicalId\":55966,\"journal\":{\"name\":\"International Criminal Law Review\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.8000,\"publicationDate\":\"2021-11-02\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Criminal Law Review\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1163/15718123-bja10107\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Criminal Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1163/15718123-bja10107","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
Right Without Remedy? The Development of the Presumption of Innocence at the International Criminal Court
This article examines the presumption of innocence’s development at the International Criminal Court. While the presumption of innocence was hardly debated at the Rome Conference, several issues surrounding the presumption have been open to wide interpretation by the Court. This article argues that since the Rome Statute’s entry into force, the presumption of innocence goes beyond the text of Article 66 and has become a robust right that has application both inside and outside of the courtroom and has effect during the Situation, Pre-Trial and Trial phases. Despite these developments, what happens when the right is violated remains an open question. The paper will conclude that while the presumption of innocence may be better defined and more protective than it was 20 years ago, what happens in the case of a violation continues to be an area for further development.
期刊介绍:
Thus there is also a need for criminological, sociological and historical research on the issues of ICL. The Review publishes in-depth analytical research that deals with these issues. The analysis may cover: • the substantive and procedural law on the international level; • important cases from national jurisdictions which have a bearing on general issues; • criminological and sociological; and, • historical research.