Accused, Convicted, and Acquitted

Cambridge University Press eBooks, pp. 146–163

Abstract

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.

Authors 1

1. Emma Irving corresponding Aachen

   Leiden University

   Affiliation as printed

   Universiteit Leiden