ICC: Fair trial rights for the accused and Justice

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This detailed research work has been submitted to the South Bank University,UK by Mr. Sajib Hosen as part of his final course work during his LLM studies on International Criminal Law and Procedure. Mr. Hosen is a member of International Crimes Research foundation from the beginning of this organisation. Mr. Hosen is currently studying Legal Practice Course to become a Solicitor in England and Wales. He has previously completed his LLB (Hons) from the University of London .

The ultimate purpose of this study was to critically evaluate the principles set out by ICC through various cases to ensure justice for the internationally recognised crimes comparing with one of the most recent domestic International Crimes Tribunal of Bangladesh (ICTB). For this purpose Mr Hosen looked into the pros and cons of both domestic and international tribunals to assess international crimes. His initial hypothesis was that, the ICC emphasized on fair trial rights of the accused and undermined the expectations of victims of international crimes by imposing lesser punishment for heinous crimes.

The ICC has some disabilities in terms of issuing warrant and collecting evidence, where as a domestic tribunal, ICTBD has a wide range of power in this regard. ICC is too far away from the actual scene of crimes and often not familiar with the nature of crimes and the cultural base where those crimes have been committed. Thus the ICC is not competent to see a situation with the eyes of victims to punish an accused for international crimes.

Download Links: Is the international Criminal Court giving more importance on fair trial rights of an accused than the expectations of victims to ensure justice?

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