Abstract
During the past century, the development of international humanitarian and human rights law has focussed attention on the protection of individuals. This has recently led to the development of regional adjudicatory bodies for human rights law such as the European Court of Human Rights and the Inter-American Court of Human Rights. States have given to these supra-national bodies the authority to pass binding judgments against them in order to enforce regional human rights covenants. An international criminal court, to be effective, must have some powers that are inconsistent with the traditional right of sovereign states to refuse to hand over alleged wrongdoers in the absence of treaty. In order to protect individual human rights, however, states should insist upon guarantees of a fair criminal procedure and substantive criminal law before surrendering this attribute of sovereignty to a permanent international criminal court.
Recommended Citation
Gallant, Kenneth S.
(1997)
"Sovereignty, judicial Assistance and Protection of human rights in international criminal tribunals,"
National Law School Journal: Vol. 9:
Iss.
1, Article 22.
Available at:
https://repository.nls.ac.in/nlsj/vol9/iss1/22