The right to interim release of persons prosecuted for charges of serious international crimes within the primary jurisdiction of the ICC is not realizable in the current state of ICC law and its restrictive interpretation and application adopted by the judges. This paper highlights the difficulties that arise successively at the time of the limitation of liberty at the beginning of the proceedings, the request for provisional release and the reparation of the violation of the right to liberty. The level of proof and its mode of administration, the systematic consideration of the seriousness of the crimes and the heavy penalty incurred as flight factors, the choice not to consult the States, a restrictive formulation of the right to be judged within a reasonable time or released, the reluctance and refusal of States to receive
persons likely to benefit from provisional release are among other obstacles that prevent suspects and accused from obtaining their interim release. All of the claims for compensation for violation of the right to liberty have also failed despite the long years of detention before acquittal because of the requirement of grave and manifest miscarriage of justice.