- Title Pages
- Acknowledgements
- Table of Cases
- Table of Instruments
- List of Abbreviations
- List of Contributors
- 1 Introduction
- 2 Judicial Standards of Review and Administration of Justice in Trade and Investment Law and Adjudication
- 3 Deference and the Use of the Public Policy Exception in International Courts and Tribunals
- 4 Democracy and Distrust in International Law
- 5 Good Faith Review
- 6 Beyond the Standard of Review
- 7 The Role of the Standard of Review and the Importance of Deference in Investor–State Arbitration
- 8 Treaty Change, Arbitral Practice and the Search for a Balance
- 9 Standard of Review and Scientific Evidence in WTO Law and International Investment Arbitration
- 10 National Procedural Choices before the Court of Justice of the European Union
- 11 Risk, Precaution and Scientific Complexity before the Court of Justice of the European Union
- 12 Standard of Review for Necessity and Proportionality Analysis in EU and WTO Law
- 13 The European Court of Human Rights and Standards of Proof
- 14 Experts in Hate Speech Cases
- 15 The Standard of Equivalent Protection as a Standard of Review
- 16 Subsidiarity in the Americas
- 17 Standard of Review and the Margin of Appreciation before the International Court of Justice
- 18 Standard of Review in the International Tribunal for the Law of the Sea
- 19 Deference in the ICC Practice Concerning Admissibility Challenges Lodged by States
- 20 Beyond Hierarchy
- Bibliography
- Index
Beyond Hierarchy
Beyond Hierarchy
Standard of Review and the Complementarity of the International Criminal Court
- Chapter:
- (p.371) 20 Beyond Hierarchy
- Source:
- Deference in International Courts and Tribunals
- Author(s):
Diane Bernard
- Publisher:
- Oxford University Press
Chapter 20 focuses on the complementarity of the International Criminal Court (ICC), interpreted in terms of ‘deference’ (as reflected in applicable standard of review) and/or demands on States regarding their reaction to mass atrocities. Through a discussion of various aspects of complementarity, the chapter shows how the concept is read through the prism of ending impunity, sometimes to the detriment of alternative responses to mass atrocities. Yet, the chapter argues, this does not result in a hierarchical structure which subdues States to the power of the ICC. Rather, complementarity spurs pluralism, with States and the ICC commonly engaged in the project of ending impunity.
Keywords: International Criminal Court, ICC, international crimes, standards of review, complementarity, fair trial, judgment, punishment
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- Title Pages
- Acknowledgements
- Table of Cases
- Table of Instruments
- List of Abbreviations
- List of Contributors
- 1 Introduction
- 2 Judicial Standards of Review and Administration of Justice in Trade and Investment Law and Adjudication
- 3 Deference and the Use of the Public Policy Exception in International Courts and Tribunals
- 4 Democracy and Distrust in International Law
- 5 Good Faith Review
- 6 Beyond the Standard of Review
- 7 The Role of the Standard of Review and the Importance of Deference in Investor–State Arbitration
- 8 Treaty Change, Arbitral Practice and the Search for a Balance
- 9 Standard of Review and Scientific Evidence in WTO Law and International Investment Arbitration
- 10 National Procedural Choices before the Court of Justice of the European Union
- 11 Risk, Precaution and Scientific Complexity before the Court of Justice of the European Union
- 12 Standard of Review for Necessity and Proportionality Analysis in EU and WTO Law
- 13 The European Court of Human Rights and Standards of Proof
- 14 Experts in Hate Speech Cases
- 15 The Standard of Equivalent Protection as a Standard of Review
- 16 Subsidiarity in the Americas
- 17 Standard of Review and the Margin of Appreciation before the International Court of Justice
- 18 Standard of Review in the International Tribunal for the Law of the Sea
- 19 Deference in the ICC Practice Concerning Admissibility Challenges Lodged by States
- 20 Beyond Hierarchy
- Bibliography
- Index
