The Judicial Review Powers of the Presidency of the International Criminal Court: Safeguards for the Protection of Human Rights

Abstract

Abstract In view of the ten-year anniversary of the entry into force of the Rome Statute, this article examines the functions of a lesser-known organ of the Court – the Presidency. Focusing particularly on judicial review by the Presidency, which is grounded in administrative and human rights law, this article provides the first comprehensive account of its jurisprudence, depicting a dynamic and developing case law which embraces a wide variety of sources of international law. This article addresses the protection of fundamental human rights by analysing the decisions of the Presidency in the context of the detention of suspects, accused and detained witnesses, as well as the right to a fair trial with regard to the suspect and/or accused and victims’ representation.