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The Law of Interim Release in the Jurisprudence of the International Criminal Tribunals

The Law of Interim Release in the Jurisprudence of the International Criminal Tribunals <jats:sec><jats:title>Abstract</jats:title><jats:p>The right of interim release during trial is an international recognized fundamental right of the accused which is deduced from the presumption of innocence. Although the ICTY has shifted to a more liberal practice, the other tribunals and the ICC are still applying the law of interim release in a restrictive manner. Decisions on interim release are not guided by clearly decisive factors to be applicable for every single accused in each case. Rather an examination of the particular facts of the case and the personality or character of the accused, surrounded by a framework of requirements set forth in the Rules of Procedure and Evidence, determine the practice on interim release. The way international criminal tribunals apply the law of interim release is, like international criminal proceedings as such, of a design sui generis. This article summarises the case-law concerning interim release at the international criminal tribunals. It gives an in-depth study on the requirements set forth in the Rules of Procedure and Evidence which the accused must fulfil to be provisional released.</jats:p> </jats:sec> http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

The Law of Interim Release in the Jurisprudence of the International Criminal Tribunals

International Criminal Law Review , Volume 8 (3): 589 – Jan 1, 2008

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Publisher
Brill
Copyright
© 2008 Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1567-536X
eISSN
1571-8123
DOI
10.1163/157181208X308709
Publisher site
See Article on Publisher Site

Abstract

<jats:sec><jats:title>Abstract</jats:title><jats:p>The right of interim release during trial is an international recognized fundamental right of the accused which is deduced from the presumption of innocence. Although the ICTY has shifted to a more liberal practice, the other tribunals and the ICC are still applying the law of interim release in a restrictive manner. Decisions on interim release are not guided by clearly decisive factors to be applicable for every single accused in each case. Rather an examination of the particular facts of the case and the personality or character of the accused, surrounded by a framework of requirements set forth in the Rules of Procedure and Evidence, determine the practice on interim release. The way international criminal tribunals apply the law of interim release is, like international criminal proceedings as such, of a design sui generis. This article summarises the case-law concerning interim release at the international criminal tribunals. It gives an in-depth study on the requirements set forth in the Rules of Procedure and Evidence which the accused must fulfil to be provisional released.</jats:p> </jats:sec>

Journal

International Criminal Law ReviewBrill

Published: Jan 1, 2008

Keywords: BAIL; PROVISIONAL RELEASE; ICTY; RULES OF PROCEDURE AND EVIDENCE; INTERNATIONAL CRIMINAL PROCEEDINGS; FAIR TRIAL; INTERIM RELEASE; INTERNATIONAL HUMAN RIGHTS LAW; FUNDAMENTAL RIGHTS OF THE ACCUSED; ICC

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