The Impact of ECHR and the Case-Law of the ECtHR on the Development of the Right to Legal Assistance in International Criminal Courts (ICTY, ICTR, ICC)

Buromenskyi Mykhailo () and Gutnyk Vitalii ()
Additional contact information
Buromenskyi Mykhailo: International Law Department, Taras Shevchenko National University of Kyiv Y. Illienka 36/1, Kyiv04119, Ukraine
Gutnyk Vitalii: International Law Department, Ivan Franko National University of Lviv Universytetska 1, Lviv79000, Ukraine

TalTech Journal of European Studies, 2019, vol. 9, issue 3, 188-204

Abstract: The European Convention on Human Rights and the case-law of the European Court of Human Rights have a significant impact not only on national legal order but also on international criminal courts. The article is dedicated to analyzing that impact in the context of the right to legal assistance.We ascertain the purpose of the establishment of international criminal courts, the specificity of the right to legal assistance in the European system of human rights protection, the impact of the European Convention on Human Rights on the drafting of statutes of the international criminal courts and influence of the European Convention on Human Rights and case-law of the European Court of Human Rights on the interpretation of the right to legal assistance in the international criminal courts.Also the primacy of the right to legal assistance is proved, which is provided in the ECHR to the statutes of international criminal courts. At the same time, the international criminal courts, taking into account the purpose of their establishment and jurisdiction, give additional guarantees of the right to legal assistance.

Keywords: European Convention on Human Rights; European Court of Human Rights; International Criminal Court; right to legal assistance (search for similar items in EconPapers)
Date: 2019
References: View complete reference list from CitEc
Citations:

Downloads: (external link)
https://doi.org/10.1515/bjes-2019-0029 (text/html)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:vrs:bjeust:v:9:y:2019:i:3:p:188-204:n:11

DOI: 10.1515/bjes-2019-0029

Access Statistics for this article

TalTech Journal of European Studies is currently edited by Tanel Kerikmäe and Matti Rudanko

More articles in TalTech Journal of European Studies from Sciendo
Bibliographic data for series maintained by Peter Golla ().