Criminal Defense and the International Legal Personality of the Individual
Revue québécoise de droit international, Vol. 75, 2010 (hors-série)
Quebec Review of International Law, Vol. 75, 2010 (special issue)
15 Pages Posted: 23 Sep 2008 Last revised: 14 Dec 2011
Date Written: February 2, 2011
Since the beginning of the Nuremberg trial, the status of the individual in international law has changed. This change is intimately connected with the right of defense in criminal proceedings, especially international criminal proceedings. Today, as a matter of right, the individual may make certain claims in international law, and especially international criminal law and international human rights law related to criminal procedure and substantive criminal law, without relying on a state to make them on his or her behalf. This article explores this development of the international legal personality of individuals. It also considers some of the limits of this development, particularly concerning whether acts of individuals "in the field" affect the development of customary international criminal law.
Keywords: international legal personality of individuals, individuals in international law, legal personality of individuals, international organizations and individuals, international legal personality, international criminal law, international criminal procedure, international courts and tribunals
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