Seven Canons of ICC Treaty Interpretation: Making Sense of Article 25's Rorschach Blot

49 Pages Posted: 17 Nov 2013

See all articles by Leila N. Sadat

Leila N. Sadat

Washington University in St. Louis - School of Law

Jarrod Jolly

Washington University in St. Louis - School of Law; University of Queensland

Date Written: November 15, 2013

Abstract

This article draws on well-established understandings of international treaty interpretation and the role of the judicial function to propose seven canons of International Criminal Court treaty construction that may serve as the basis of a principled interpretation of the Rome Statute. This interpretative framework is then applied to the seemingly intractable debate within the Court and among scholars over the correct interpretation of Article 25, on modes of liability. The seven canons provide guidelines that may enable the ‘Rorschach blot’ of Article 25, capable of so many divergent interpretations, to become uniformly and consistently understood and interpreted.

Keywords: Article 25; control theory; modes of liability; interpretation; methodology; Vienna Convention

Suggested Citation

Sadat, Leila N. and Jolly, Jarrod, Seven Canons of ICC Treaty Interpretation: Making Sense of Article 25's Rorschach Blot (November 15, 2013). Washington University in St. Louis Legal Studies Research Paper No. 13-11-06. Available at SSRN: https://ssrn.com/abstract=2355430

Leila N. Sadat (Contact Author)

Washington University in St. Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States
314-935-6411 (Phone)
314-935-5356 (Fax)

Jarrod Jolly

Washington University in St. Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States

University of Queensland ( email )

St Lucia
Brisbane, Queensland 4072
Australia

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