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Arcs of Global JusticeEssays in Honour of William A. Schabas$
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Margaret M. deGuzman and Diane Marie Amann

Print publication date: 2018

Print ISBN-13: 9780190272654

Published to Oxford Scholarship Online: January 2018

DOI: 10.1093/oso/9780190272654.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 26 February 2021

Revisiting the Sources of Applicable Law before the ICC

Revisiting the Sources of Applicable Law before the ICC

(p.227) 12 Revisiting the Sources of Applicable Law before the ICC
Arcs of Global Justice

Alain Pellet

Oxford University Press

Article 21 of the Rome Statute sets out a complex system of sources of applicable law. In addition to the Statute itself, which contains a relatively detailed list of crimes, Articles 21 includes the Elements of Crimes, a very detailed document which unnecessarily limits the scope of the crimes listed in the Statute and reveals mistrust with regard to the Court, the Rules of Procedure and Evidence, and the case law of the Court, despite the absence of stare decisis. In order to avoid risks of non liquet, Article 21 also refers to other norms and rules of international law. Article 21 establishes a hierarchy between the sources of law it refers to. It combines a formal hierarchy, on top of which lays the Statute, with a substantial hierarchy dominated by ‘internationally recognized human rights’ (Article 21(3)).

Keywords:   International Criminal Court, applicable law, sources, Rome Statute, Elements of Crimes, Rules of Procedure, Rules of Evidence, case law, human rights

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