국제형사절차에 있어서 적법절차- 국제형사재판소규정을 중심으로 -

Due process is the institutional mechanism to ensure human right from arbitrary events of the state power. Due process developed in the UK create to guarantee human rights in the United States Constitution with basic principles and gave a great impact on many countries. Now most of the country due to the country's Constitution stipulates the procedure for the constitutional rule of law as fundamental principles have picked. Rome Statute( Rome Statute of International Criminal Court) also has several provisions in international criminal procedure to protect the human rights of suspects and defendants to due process. Fair trial is critical of the principle of due process. The international community has already accepted the principles of fair trial as the general principles of international law can be called. The principles of fair trial which is reflected in numerous international human rights documents are presented. Today it belongs to international law would be viewed, and by the States Parties to the Treaty between the exit from which norms can not be absolute (peremptory norms) can be considered, and jus cogens to get the position can be found. This article will analyze the content of due process set forth in Rome Statute and will review those limits. In addition, I would like to suggest strategies for the guarantee of due process.