International and Comparative Law Quarterly, Vol. 59, No. 4, pp. 895–910, October 2010
16 Pages Posted: 17 Jan 2013
Date Written: 2010
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: 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