Right Without Remedy? The Development of the Presumption of Innocence at the International Criminal Court

This article examines the presumption of innocence’s development at the InternationalCriminal Court. While the presumption of innocence was hardly debated at the RomeConference, several issues surrounding the presumption have been open to wideinterpretation by the Court. This article argues that since the Rome Statute’s entry intoforce, the presumption of innocence goes beyond the text of Article 66 and hasbecome a robust right that has application both inside and outside of the courtroomand has effect during the Situation, Pre-Trial and Trial phases. Despite thesedevelopments, what happens when the right is violated remains an open question. Thepaper will conclude that while the presumption of innocence may be better defined andmore protective than it was 20 years ago, what happens in the case of a violationcontinues to be an area for further development