Must be determined by the law be necessary and be

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must be determined by the law, be necessary and be proportionate to the aims of a democratic society. Terrorism cases should not be referred to special courts or heard under condi- tions that infringe individual rights to a fair trial. The courts should, at all stages of investigations, ensure that restrictions of indi- vidual rights are limited to those strictly necessary for the protection of the interests of society, reject evidence obtained under torture or through inhuman or degrading treatment and be able to refuse other evidence obtained illegally. Detention measures must be provided for by law and be subject to judicial su- pervision, and judges should declare unlawful any detention measure that are secret, unlimited in duration or do not involve appearance before established according to the law, and make sure that those detained are not subjected to torture or other in- human or degrading treatment. Judges must also ensure that a balance is struck between the need to protect the witnesses and victims of acts of terrorism and the rights of those charged with the relevant offences. While States may take administrative measures to prevent acts of terrorism, a balance must be struck between the obligation to protect people against terrorist acts and the obligation to safeguard human rights, in particular through effective access to judicial review of the administrative measures" The International Criminal Court: The International Criminal Court was established in 1998 by 120 States, at a confer- ence in Rome. The Rome Statute of the International Criminal Court was adopted and it entered into force on July 1st, 2002. 45 The International Criminal Court (ICC) is the first ever permanent, treaty based, fully independent international criminal court established to promote the rule of law and ensure that the gravest international crimes do not go unpunished. The Court do not replace national courts, the jurisdiction is only complementary to the national criminal jurisdictions. It will investigate and prosecute if a State, party to the Rome Statute, is un- 45 See
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59 willing or unable to prosecute. Anyone, who commits any of the crimes under the Stat- ute, will be liable for prosecution by the Court. The jurisdiction of the International Criminal Court is limited to States that be- comes Parties to the Rome Statute, but then the States are obliged to cooperate fully in the investigation and prosecution. Article 5 limits the jurisdiction to the most serious crimes of concern to the interna- tional community as a whole. This may also be understood as an umbrella for future de- velopments. 46 The article describes the jurisdiction including crimes of genocide, crimes against humanity, war crimes and crimes of aggression.
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  • Spring '12
  • Kushal Kanwar
  • Law, .........

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