Quand la Cour européenne des droits de l’homme préserve le Conseil de sécurité au détriment de la Suisse

in Journal des Tribunaux (2012), 131(6495), 729-731

Observations sous CEDH (Grande Ch.), Nada c. Suisse, requête No. 10593/08, arrêt du 12 septembre 2012.

Extent of Applicability of Human Rights Standards to Proceedings before the International Criminal Court: On Possible Reductive Factors

in International Criminal Law Review (2012), 12(4), 721-741

Today, it is not seriously challenged that human rights law applies to proceedings before the International Criminal Court. The exact boundaries of this statement, however, might be less clear. The ... [more ▼]

Today, it is not seriously challenged that human rights law applies to proceedings before the International Criminal Court. The exact boundaries of this statement, however, might be less clear. The present article argues that the extent of applicability of human rights law cannot be precisely described unless the specific nature of the Court and of international criminal justice in general is taken into consideration. More concretely, it will be demonstrated that the exact scope of applicability of human rights standards to the ICC setting can only be addressed by referring to inherent characteristics (both of the Court and of the international criminal system as a whole) that could possibly bear a reductive impact on that scope. It will be argued throughout the analysis that several of these specific features are indeed capable of reducing the level of protection, while on a closer look others do not display such influence. [less ▲]