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Human Rights Protection before the International Criminal Court

Human Rights Protection before the International Criminal Court This article assesses the human rights framework of those accused before the International Criminal Court, with particular emphasis on Article 21(3) of the Rome Statute. Part 2 examines a number of obstacles currently impinging the successful operation of human rights protection before the Court, which Article 21(3) may remedy. Part 3, drawing on strands of interpretative analysis, seeks to interpret and illuminate Article 21(3), arguing that a broad scope ought to be adopted for determining the substantive content encapsulated by ‘internationally recognized human rights’. Moreover, Article 21(3) should be recognised as containing the hierarchical standard of what has been termed ‘super-legality’. Part 4 then highlights the interpretive potential for Article 21(3) as both a tool of innovation and as a remedial device for human rights violations before the Court that are not explicitly provided for in the Rome Statute. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Community Law Review (continuation of International Community Law Review and Non-State Actors and International Law) Brill

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1871-9740
eISSN
1871-9732
DOI
10.1163/18719732-12341322
Publisher site
See Article on Publisher Site

Abstract

This article assesses the human rights framework of those accused before the International Criminal Court, with particular emphasis on Article 21(3) of the Rome Statute. Part 2 examines a number of obstacles currently impinging the successful operation of human rights protection before the Court, which Article 21(3) may remedy. Part 3, drawing on strands of interpretative analysis, seeks to interpret and illuminate Article 21(3), arguing that a broad scope ought to be adopted for determining the substantive content encapsulated by ‘internationally recognized human rights’. Moreover, Article 21(3) should be recognised as containing the hierarchical standard of what has been termed ‘super-legality’. Part 4 then highlights the interpretive potential for Article 21(3) as both a tool of innovation and as a remedial device for human rights violations before the Court that are not explicitly provided for in the Rome Statute.

Journal

International Community Law Review (continuation of International Community Law Review and Non-State Actors and International Law)Brill

Published: Feb 23, 2016

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