Journal Article

Applicable Law in Practice and Theory

Gudrun Hochmayr

in Journal of International Criminal Justice

Volume 12, issue 4, pages 655-679
Published in print September 2014 | ISSN: 1478-1387
Published online September 2014 | e-ISSN: 1478-1395 | DOI: https://dx.doi.org/10.1093/jicj/mqu057
Applicable Law in Practice and Theory

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Article 21 of the ICC Statute on the law to be applied by the International Criminal Court (ICC) is a complex provision. Falling amongst those contentious issues arising from this Article are the formulation ‘principles and rules of international law’, the reference to ‘national laws of States that would normally exercise jurisdiction over the crime’ in the definition of general principles of law and the term ‘internationally recognized human rights’. This article reviews the respective positions taken by scholars on Article 21 in light of its application by the ICC. Those aspects of the interpretation of Article 21 which may be regarded as settled are highlighted, before turning to an exploration of approaches that aim to solve the remaining questions.

Journal Article.  13310 words. 

Subjects: Criminal Law ; International Law ; International Criminal Law ; International Humanitarian Law ; Transnational Crime

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