International Court of Justice , International Criminal Court ,and Integrity of International Law

Articles in Press

Document Type : Original Article

Authors

1 Student

2 Member of Faculty of Law, Shahid Beheshti University

10.48308/jlr.2024.231773.2500

Abstract

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.

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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 29 December 2024

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History

  • Receive Date: 20 May 2023
  • Revise Date: 24 November 2024
  • Accept Date: 29 December 2024

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