Radosavljevic, Dragana (2008) Mala captus bene detentus and the right to challenge the legality of arrests under the ICC Statute. Liverpool Law Review, 29 (3). pp. 269-285. ISSN 0144-932X (Print), 1572-8625 (Online) (doi:https://doi.org/10.1007/s10991-008-9045-6)

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Abstract

The parameters of legal structures within which perpetrators of most serious international crimes are surrendered to the ICC and the legal frameworks within which the rights of such individuals are best protected are not sufficiently precise in international law. By examining both international and some national jurisprudence with regard to mala captus bene detentus practice, the reach of the right to challenge the legality of one’s arrest is evaluated with a conclusion that there is no uniform state or international practice and that the ICC Statute does not resolve the status of the doctrine nor does it regulate the effects of abuse of process against accused persons.

Item Type:	Article
Additional Information:	[1] Published online: 25 November 2008.
Uncontrolled Keywords:	ICC, illegality, arrests, due process guarantees, human rights, habeas corpus
Subjects:	J Political Science > JX International law K Law > K Law (General)
Pre-2014 Departments:	School of Humanities & Social Sciences School of Humanities & Social Sciences > Department of Law & Criminology
Related URLs:	Publisher Organisation
Last Modified:	14 Oct 2016 09:08
URI:	http://gala.gre.ac.uk/id/eprint/3257

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