The International Dimension of the Defendant's Presumption of Innocence

Abstract

The presumption of innocence is one of the most fundamental principles formulated by human legal thought to protect individual freedom from the abuse of power. This presumption is no longer merely a national procedural rule; rather, it has become an international obligation and a binding norm to which states adhere to ensure international criminal justice. It represents an important legal principle that establishes that “Everyone charged with a criminal offense shall be presumed innocent until proven guilty according to law in a fair trial.”

This principle has risen in international law to become a mandatory rule that must not be violated, to which both national and international courts are bound. Consequently, this principle has evolved within international criminal justice in tandem with the development of international law and jurisprudence.