Defense rights of the accused in the Statute of the International Criminal Court


Joma Ali Haghani


Abstract

Respecting the rights of the accused, especially his defense rights, is one of the main concerns in international proceedings, in such a way that not respecting it completely distorts the fairness of the proceedings. Respecting the defense rights of the accused, as it is of particular importance at the domestic level; But its importance is doubled at the international level; Because on the one hand, the damages of international crimes are not limited to a specific geography; Rather, it covers a wide territory at the global level, and on the other hand, the viewers and judges of public opinion are also very widespread, which does not show the slightest mistake on the part of the International Criminal Court. Undoubtedly, one of the issues that play an important role in the implementation of justice and fair trial is the observance of the rights of the accused, and the observance of these rights can be considered as one of the criteria of a fair trial in public opinion.

The current research, which is aimed at examining the defense rights of the accused in the International Criminal Court, has tried to examine these rights by using the descriptive-analytical method and library sources. The right to know about the alleged crime, the right to know about having the right to remain silent, and the right to know about having the right to legal assistance, including the defendant's defense rights, are considered before interrogation. The right to object to the accusations made by attorney general, the right to challenge his evidence, and the right to present evidence are among the defendant's defense rights, which the accused has during the confirmation hearing by the preliminary branch. The right to have a public trial, to have enough time to prepare a defense, the right to summon witnesses, and the right to have a two-stage trial are related to the time of the accused's trial, which should be considered by the court.

The right to remain silent, is the right to have a lawyer and legal assistance, including the common defense rights of the accused during the interrogation and trial.

 



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