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http://bura.brunel.ac.uk/handle/2438/17599
Title: | "Towards a nemo judex in parte sua critique of the International Criminal Court?" |
Authors: | Chigara, B |
Keywords: | general principles of law;nemo judex in parte sua;law’s integrity;International Criminal Court (ICC);law’s legitimacy;politico-vivere-reflexes;Article 87;Rome Statute (1998) |
Issue Date: | 11-May-2019 |
Publisher: | Brill |
Citation: | Chigara, B.A. (2019). Towards a nemo judex in parte sua Critique of the International Criminal Court? International Criminal Law Review, [online] 19(3), pp.412–444. doi: 10.1163/15718123-01806004 |
Abstract: | When the relevance or, practice of international tribunals is impugned their tendency often is to resort to ‘vivere-existential reflexes’. This habit can incubate conflict between the particular tribunal and the requirements of General Principles of Law recognized by civilized nations. This risks disunity between international law, supranational law and domestic law. This article examines the International Criminal Court’s (icc) application and interpretation of Article 87 of the Rome Statute (1998) under the light of nemo judex in parte sua – a general principle of law recognized by civilized nations. The article recommends that an observatory for monitoring International Tribunals’ compliance with general principles of law recognized by civilized nations should be established and a database on non-compliance should be developed and maintained. This should check practice of international tribunals for consistency with general principles of law recognized by civilized nations in a manner that promotes the integrity of international law. |
URI: | https://bura.brunel.ac.uk/handle/2438/17599 |
DOI: | https://doi.org/10.1163/15718123-01806004 |
ISSN: | 1567-536X |
Appears in Collections: | Brunel Law School Research Papers |
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