Compensating Acquitted Defendants for Detention Before International Criminal Courts

Posted: 4 Jun 2010

See all articles by Johan David Michels

Johan David Michels

Queen Mary University of London, School of Law - Centre for Commercial Law Studies

Date Written: May 2010

Abstract

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.

Suggested Citation

Michels, Johan David, Compensating Acquitted Defendants for Detention Before International Criminal Courts (May 2010). Journal of International Criminal Justice, Vol. 8, Issue 2, pp. 407-424, 2010, Available at SSRN: https://ssrn.com/abstract=1612670 or http://dx.doi.org/mqq015

Johan David Michels (Contact Author)

Queen Mary University of London, School of Law - Centre for Commercial Law Studies ( email )

67-69 Lincoln's Inn Fields
London, WC2A 3JB
United Kingdom

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