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The International Court of Justice and Criminal Justice

International and Comparative Law Quarterly, Vol. 59, No. 4, pp. 895–910, October 2010

16 Pages Posted: 17 Jan 2013  

Kenneth J. Keith

Victoria University of Wellington - Faculty of Law; Victoria University of Wellington - Faculty of Law

Date Written: 2010

Abstract

Despite appearances to the contrary, the International Court of Justice can and does have much to say on matters of criminal justice. This article considers four areas in which such matters arise before the Court: jurisdiction over criminal offences allegedly committed abroad and immunity from that jurisdiction; principles of individual criminal liability and the potential for concurrent State responsibility; issues of evidence and proof; and the Court’s review of the exercise of those domestic criminal powers which are subject to international regulation. In the process of addressing these issues, the ICJ has contributed to the development of fundamental principles of criminal law, while drawing on the experience of domestic courts.

Keywords: International Court of Justice, criminal law, immunity from jurisdiction, duality of responsibility

JEL Classification: K14, K33

Suggested Citation

Keith, Kenneth J., The International Court of Justice and Criminal Justice (2010). International and Comparative Law Quarterly, Vol. 59, No. 4, pp. 895–910, October 2010. Available at SSRN: https://ssrn.com/abstract=2201519

Kenneth J. Keith (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

Victoria University of Wellington - Faculty of Law ( email )

P.O. Box 600
Wellington, 6140
New Zealand

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