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6 - Accused, Convicted, and Acquitted

from Part II - Multi-Actor Human Rights Protection

Published online by Cambridge University Press:  28 February 2020

Emma Irving
Affiliation:
Universiteit Leiden
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Summary

This chapter revisits situations that were addressed under Part I, and adds an additional layer of complexity to them. Human rights protection during interim release, enforcement of sentence, and acquittal and release involves, in addition to the ICC and States Parties, also the ICC host State. This involvement follows from the fact that, at some point during each of these situations, the accused, acquitted, or convicted person finds themselves at the seat of the Court. As this chapter demonstrates, the presence of these individuals on the territory of the host State has the potential to engage the Netherlands’ obligations to protect human rights, both under the Rome Statute protection framework and beyond it. This places the Netherlands in a safety-net role, potentially required to step in where the structural problems created by the multi-actor nature of human rights protection leaves individuals vulnerable. However, the involvement of the Netherlands gives rise to its own set of possible implementation problems.

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Publisher: Cambridge University Press
Print publication year: 2020

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  • Accused, Convicted, and Acquitted
  • Emma Irving, Universiteit Leiden
  • Book: Multi-Actor Human Rights Protection at the International Criminal Court
  • Online publication: 28 February 2020
  • Chapter DOI: https://doi.org/10.1017/9781108646291.007
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  • Accused, Convicted, and Acquitted
  • Emma Irving, Universiteit Leiden
  • Book: Multi-Actor Human Rights Protection at the International Criminal Court
  • Online publication: 28 February 2020
  • Chapter DOI: https://doi.org/10.1017/9781108646291.007
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Accused, Convicted, and Acquitted
  • Emma Irving, Universiteit Leiden
  • Book: Multi-Actor Human Rights Protection at the International Criminal Court
  • Online publication: 28 February 2020
  • Chapter DOI: https://doi.org/10.1017/9781108646291.007
Available formats
×