'INTERNATIONALLY RECOGNIZED HUMAN RIGHTS' BEFORE THE INTERNATIONAL CRIMINAL COURT
In: The international & comparative law quarterly: ICLQ, Volume 60, Issue 1, p. 189-208
Abstract
Article 21(3) of the Rome Statute of the International Criminal Court (Rome Statute)1provides that the International Criminal Court must consider 'internationally recognized human rights' in its interpretation and application of applicable law. This article highlights the difficulty of meaningfully interpreting this reference to 'internationally recognized human rights' in accordance with the ordinary rules of treaty interpretation. These interpretative difficulties lead the article to adopt a practical focus, examining the initial jurisprudence of the Court utilizing this aspect of article 21(3), concluding that although such jurisprudence reveals a number of shortcomings, the provision's tremendous potential as a tool of evolution and innovation is evident.
Languages
English
Publisher
Cambridge University Press (CUP)
ISSN: 1471-6895
DOI
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