The International Criminal Court and the Principle of Due Process
![handle is hein.journals/ijlmhs18 and id is 1727 raw text is: International Journal of Law Management & Humanities
The International Criminal Court and the
Principle of Due Process
NKWENTI NOELA NGWESOI, TAMFUH WILSON2 AND BOKALLI EMILE SEDAR3
ABSTRACT
The author's objective is to examine the extent to which the ICC respects Due Process, the
rule of law, rights of suspects and victim's reparations. The rights of an accused are linked
to the right to a fair trial under International Human Rights Law and International
Humanitarian Law and the enforcement of this right at the national, regional and
international levels. The minimum guarantees exposed in this human right are discussed in
the light of the process of arrest and surrender of persons to the Court. Questions discussed
include: what effect does the infringement of these rights have on the arrest and surrender
of a person to the Court and on the trial of the accused persons a whole and whether there
are circumstances surrounding violations of the rights of the accused that would be so grave
as to call for his or her acquittal, or mitigated sentence?
The author tries to establish the fact that the ICC in its judicial organization and functioning
to a greater extent respects the principle of due process. This can be viewed from its
triggering mechanisms, temporal, territorial, subject matter and personal jurisdiction. The
respect of due process by the ICC can also be viewed from its admissibility assessment
which is mainly about the principle of complimentarity. This article examines the principle
of due process visa Vis the ICC. It also discusses the creation of the ICC and It's of the
opinion that except for some loopholes, the International Criminal Court which is the only
permanent international court established to investigate, prosecute and try individuals
accused of committing the most serious crimes of international concern to a greater extent
respects the important principle of due process. This article also exposes the fact that the
International Criminal court has led to tremendous development in International criminal
law.
I. INTRODUCTION
The International Criminal Court (ICC) is the only permanent international court established to
handle individual responsibility of the most serious crimes of concern to the international
community as a whole. These crimes include; genocide, war crimes, crimes against humanity
1 Department of English Law, University of Bamenda, Cameroon.
2 Department of English Law, University of Buea, Cameroon
' Faculty of Law & Political Science; University of Bamenda, Cameroon
© 2022. International Journal of Law Management & Humanities [ISSN 2581-5369]
1726
[Vol. 5 Iss 4; 1726]](ViewImageLocal?handle=hein.journals/ijlmhs18&div=149&collection=&method=preview&ext=.png&size=3)
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The International Criminal Court and the Principle of Due Process
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