The Presumption of Innocence in International Human Rights and Criminal Law
This book provides a comprehensive analysis of the presumption of innocence from both a practical and theoretical point of view. Throughout the book a framework for the presumption of innocence is developed.
The book approaches the right to presumption of innocence from an international human rights perspective using specific examples drawn from international criminal law. The result is a framework for understanding the right that is grounded in human rights law. This framework can then be applied across different national and international systems. When applied, it can help determine when the presumption of innocence is being infringed upon, eroded, violated, and ensure that the presumption of innocence is protected.
The book is an essential resource for students, academics and practitioners working in the areas of human rights, criminal law, international criminal law, and evidence. The themes also have a more general application to national jurisdictions and legal theory.
2. The Presumption of Innocence in Context
3. Who Has the Right and When Does it Become Operable?
4. Who Carries the Duty to Uphold the Presumption of Innocence?
5. The Procedural Aspect of the Presumption of Innocence
6. The Non-Procedural Aspect of the Presumption of Innocence
7. The Relationship Between the Presumption of Innocence and Pre-Determination Detention