Towards a nemo judex in parte sua Critique of the International Criminal Court

Bibliographic Data

ID12822232
AuthorsBen Chigara (0000-0003-1363-8217, Brunel University of London, corresponding author)
Year2018
Volume19
Issue3
Pages412-444
Publication date2018-09-19
Peer ReviewedYes
Open AccessYes
TypeARTICLE
VenueInternational Criminal Law Review (JOURNAL)
Journal identifiersISSN: 1567-536X • E-ISSN: 1571-8123
PublisherBrill (PUBLISHER • NL)
DOI10.1163/15718123-01806004
OpenAlexW2891747023
LanguageEN
References cited5

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

Consistency (knowledge bases · Criminal law · International law · Political science · Relevance (law · Rome Statute of the International Criminal Court · Statute · Statute of limitations · Tribunal · Global Peace and Security Dynamics · Human Rights and Development · International Law and Human Rights · Law

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