نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجو
2 عضو هیئت علمی دانشکده حقوق دانشگاه شهید بهشتی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Considering the independence of the International Criminal Court (ICC) and the absence of a special relationship with the International Court of Justice (ICJ), it seems that the ICC does not refer to the jurisprudence of ICJ. However, the ICC has referred to the jurisprudence of ICJ frequently. Given that the ICC is not obliged to follow the ICJ jurisprudence, is it presumable that these references to the ICJ are a sign of its superior persuasive authority in international law? An empirical study of the references shows that the ICC has accepted the superior persuasive authority of the ICJ in applying international law., because Article 21 of the Rome Statute allows ICC to apply rules and principles in previous decisions. Moreover, it has referred to various parts of ICJ decisions, including the facts and even dispositives of the decisions. This is a strong argument for the existence of unity in international law.
کلیدواژهها [English]
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