Publication details
Human Rights before the International Criminal Court
| Authors | |
|---|---|
| Year of publication | 2014 |
| Type | Article in Periodical |
| Magazine / Source | Czech yearbook of public & private international law |
| Citation | |
| Keywords | International Criminal Court, human rights, Article 21(3) of the Rome Statute, non-refoulement, family visits, responsibility of international organizations, due diligence |
| Description | The article deals with application and interpretation of human rights before the International Criminal Court (ICC). In the first part, the article analyzes existing jurisprudence concerning interpretation of Article 21(3) of the Rome Statute of the ICC, which is the primary interpretative guidance embracing the Statute and other sources applicable before the ICC. The article evaluates position of non-binding documents, usage of regional human rights treaties and describes functions human rights have been granted before the ICC. In its second part, the article puts forward challenges dealing with application and interpretation of human rights before the ICC. Non-refoulement principle is used as an example that not every human right is transferable to the ICC, which is an international organization. The article further focuses on question, whether the ICC can exceed limits of existing human rights jurisprudence and extend the scope of human rights protection. The article reveals the ICC's tendency to dissociate from violation of human rights at domestic level attributable to a state and briefly evaluates, how is this approach compatible with general principles in area of responsibility of international organizations for internationally wrongful acts and concept of due diligence in international law. |