The Presumption of Innocence in International Criminal Law: Selected Issues

It is noted that the concept of the presumption of innocence is a fundamental element of the modern legal system and a key principle of criminal law. According to this principle, every individual is considered innocent of committing an offense until their guilt is established in accordance with the law and confirmed by a court verdict. This principle serves a dual function: on the one hand, it ensures the protection of the rights of the accused, and on the other hand, it serves as a mechanism to deter potential abuses by state authorities. Thus, the presumption of innocence contributes to ensuring the fairness of the judicial process and strengthens public confidence in the legal system as a whole. The article is devoted to the study of specific issues of the principle of presumption of innocence in the context of international criminal law. The author examines its enshrinement in international legal documents and application in the practice of international judicial institutions. The paper analyzes certain aspects of the presumption of innocence, including its interpretation by the European Court of Human Rights as a fundamental principle of justice and a specific right of the accused. Particular attention is paid to the consideration of the presumption of innocence as an objective legal provision, rather than a subjective opinion of the participants in the process. The author explores the differences in the formulation of the principle of presumption of innocence in various international documents and their impact on the procedures for applying and refuting this principle. Key decisions of the European Court of Human Rights that interpret and apply the relevant provisions of the Convention for the Protection of Human Rights and Fundamental Freedoms are examined. The author emphasizes the importance of this principle as a guarantor of fairness and objectivity in international criminal justice. The work contains a review of scientific sources, demonstrating the complexity and multifaceted nature of the issue of presumption of innocence in international law. Based on the analysis conducted, there is a need for further research and adaptation of this principle to ensure its effectiveness in the context of the development of international criminal justice.