‘Internationally Recognized Human Rights’ Before the International Criminal Court

Abstract

Article 21(3) of the Rome Statute of the International Criminal Court (Rome Statute)1provides that the International Criminal Court must consider ‘internationally recognized human rights’ in its interpretation and application of applicable law. This article highlights the difficulty of meaningfully interpreting this reference to ‘internationally recognized human rights’ in accordance with the ordinary rules of treaty interpretation. These interpretative difficulties lead the article to adopt a practical focus, examining the initial jurisprudence of the Court utilizing this aspect of article 21(3), concluding that although such jurisprudence reveals a number of shortcomings, the provision's tremendous potential as a tool of evolution and innovation is evident.

International cooperation, legal assistance and the case of lacking states collaboration within the international criminal court

“…The measures listed in this articulation mentioned above are not exhaustive, but it is of no value because it provides that the Pre-Trial Chamber may authorize a defender to participate in the conduct of probationary proceedings not only when the right to the assistance of the defendant is already explicitly acknowledged but also at a time prior to the one identified by the latter or when they have not yet arisen in relation to a specific subject reason to believe that he has committed a criminal offense falling within the jurisdiction of the Court and according to the first case-law Pág 392 DERECHO of a request for cooperation, the rights listed must be informed in order to guarantee the accused a minimum standard of guarantees. (Young, 2011. Youngsok, 2010.…”