Portal de Periódicos da CAPES

Compensating Acquitted Defendants for Detention before International Criminal Courts

2010; Oxford University Press; Volume: 8; Issue: 2 Linguagem: Inglês

10.1093/jicj/mqq015

1478-1395

John Michels,

Corporate Law and Human Rights

Although a number of national systems compensate the acquitted accused for detention prior to and during trial, no international criminal court currently provides such compensation. This article accepts that detention prior to and during trial does not per se violate the accused's rights. Hence, whenever detention before international criminal courts is both substantively justified and procedurally safeguarded, there is no legal obligation to provide for a remedy under human rights law. However, the article concludes that the acquitted defendant may (and should) be compensated on other grounds. Although detention before international criminal courts is a necessary and legitimate measure, it is resorted to for public benefit and should be instituted at public cost. The convicted accused is compensated by reduction of the period of detention from the sentence. The acquitted defendant may be compensated by imposing strict liability on the judicial institutions of the international community.