The International Criminal Court and the Principle of Due Process

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.