International Court and Private Citizen

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Title International Court and Private Citizen
Author Zahar, Alexander
Journal Name New Criminal Law Review
Year Published 2009
Place of publication United States
Publisher University of California Press
Abstract The protection of individuals' rights, often necessary against their own states, may sometimes also be necessary against international organizations. This is a particularly delicate matter where the international organization is meant to represent international law and justice. Drawing on the experience of the International Criminal Tribunal for the former Yugoslavia, the author argues that the operations of the International Criminal Court will inevitably have a direct and significant impact on the treatment of individuals in countries that are not able or willing to stand up for their citizens' rights and interests under state laws or international law. The interface of the ICC with the ordinary state national is generally not regulated by the ICC's statute and rules (just as it is not by the ICTY's) and, in the absence of regular and effective state protections, constitutes a lawless frontier at which the court is potentially all-powerful and the individual is at its mercy. The strong state/weak state divide (along with that of citizens enjoying correspondingly strong/weak legal protections) offers the ICC opportunities for evidence-gathering, but also risks damage to the Court's moral standing and reputation for justice. The author concludes that the ICC needs to institute, at the very least, a policy that foresees such situations and aims to maintain a balance of rights and interests in the relationship of international court and private citizen.
Peer Reviewed Yes
Published Yes
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Copyright Statement Published as citation above. 2009 by the Regents of the University of California. Copying and permissions notice: Authorization to copy this content beyond fair use (as specified in Sections 107 and 108 of the U. S. Copyright Law) for internal or personal use, or the internal or personal use of specific clients, is granted by the Regents of the University of California for libraries and other users, provided that they are registered with and pay the specified fee via Rightslinkcopyright on Caliber ( AnthroSource (] or directly with the Copyright Clearance Center,
Volume 12
Issue Number 4
Page from 569
Page to 589
ISSN 1933-4192
Date Accessioned 2009-11-10
Language en_AU
Faculty Griffith Law School
Subject International Law (excl International Trade Law)
Publication Type Journal Articles (Refereed Article)
Publication Type Code c1

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