International Criminal Court and Human Rights: Achievements and Challenges
SVAČEK, Ondřej. International Criminal Court and Human Rights: Achievements and Challenges. In: VICENTE, Dário Moura. Towards a Universal Justice? Putting International Court and Jurisdictions into Perspective. Leiden, Boston: Brill, Nijhoff, 2016, pp. 206-221.
16 Pages Posted: 18 Oct 2014 Last revised: 22 Jan 2018
Date Written: 2016
Abstract
The chapter deals with the application and interpretation of human rights before the International Criminal Court (ICC). In the first part the chapter analyzes existing jurisprudence concerning the interpretation of Article 21(3) of the Rome Statute of the ICC, which is the primary interpretative guidance embracing the Statute and other sources applicable before the ICC. The article evaluates the position of non-binding documents, the usage of regional human rights treaties and describes functions human rights have been granted before the ICC. In the second part the chapter puts forward challenges dealing with the application and interpretation of human rights before the ICC. The non-refoulement principle is used as an example that not every human right is transferable to the ICC, which is an international organization. The chapter further focuses on the question whether the ICC can exceed the limits of existing human rights jurisprudence and extend the scope of human rights protection. The chapter reveals the ICC’s tendency to dissociate itself from violation of human rights at the domestic level attributable to a state and briefly evaluates how this approach is compatible with general principles in the area of the responsibility of international organizations for internationally wrongful acts and the concept of due diligence in international law.
Keywords: International Criminal Court, human rights, Article 21(3) of the Rome Statute, non-refoulement, family visits, responsibility of international organizations, due diligence
JEL Classification: K33
Suggested Citation: Suggested Citation