The Role of State Parties to the Rome Statute in the Interpretation of the Statute: An Evaluation of Past Practice and Future Prospects: International Criminal Law Series, cartea 20
Autor Caroline Vicheti Shilahoen Limba Engleză Hardback – 27 noi 2025
The book highlights specific examples where State Parties have enacted amendments to the rules and passed resolutions during related ongoing ICC cases, prompting questions about their influence on the ICC’s interpretive decisions. The nuanced relationship between State Parties and the ICC in interpreting the Statute is explored, revealing the inherent tension that emerges from the overlapping interpretive roles. It provides insightful recommendations for navigating and alleviating such tensions.
Preț: 656.42 lei
Preț vechi: 800.51 lei
-18% Nou
Puncte Express: 985
Preț estimativ în valută:
116.19€ • 135.29$ • 101.47£
116.19€ • 135.29$ • 101.47£
Carte disponibilă
Livrare economică 02-07 ianuarie 26
Preluare comenzi: 021 569.72.76
Specificații
ISBN-13: 9789004725522
ISBN-10: 9004725520
Pagini: 254
Dimensiuni: 155 x 235 mm
Greutate: 0.53 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International Criminal Law Series
ISBN-10: 9004725520
Pagini: 254
Dimensiuni: 155 x 235 mm
Greutate: 0.53 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International Criminal Law Series
Notă biografică
Caroline Vicheti Shilaho, Ph.D. (2024), University of Pretoria, is a lecturer at the University of Nairobi, Kenya, Faculty of Law, with 14 years of experience. Her research and consultancy areas of interest are in Public International Law, including International Criminal Law.
Cuprins
Contents
Acknowledgments
List of Acronyms and Abbreviations
1 Background and Introduction
1 General Overview of the Book
1.1 The Application of the vclt Interpretation Rules to the Rome Statute’s Interpretation
1.2 The Overlap in the Interpretive Roles of the States Parties and the ICC
2 Statement of the Problem
3 The Objectives of the Book
4 Chapter Overview
2 Interpretation under the Vienna Convention on the Law of Treaties (VCLT)
1 Introduction
2 The Vienna Convention Rules of Interpretation as Customary International Law
2.1 The “General Rule” of Interpretation under Article 31 of the VCLT
2.2 Subsequent Agreements and Subsequent Practice under Article 31(3) (a) and (b) of the VCLT
2.3 Supplementary Means of Interpretation under Article 32 of the VCLT
2.4 The Legal Effect of Subsequent Agreements and Practice on Treaty Interpretation
2.5 Conclusion
3 Rules of Interpretation under the Rome Statute
1 Introduction
2 Reference to Interpretation under the Rome Statute 69 2.1 “Applicable Law” under Article 21 of the Rome Statute
3 The Role of the vclt Interpretation Rules in the Rome Statute’s Interpretation
3.1 The vclt Interpretation Rules as Applicable to the Rome Statute’s Interpretation
3.2 The vclt Interpretation Rules as Non-primary in the Rome Statute’s Interpretation
4 Article 21(3) and 22 of the Rome Statute as Interpretive Rules
4.1 Articles 21(3) and 22 Overview
4.2 Consistency with Human Rights under Article 21 (3) of the Rome Statute
4.3 The Legality Principle (nullum crimen sine lege) under Article 22 and Its Impact on the Rome Statute’s Interpretation
4.4 Conclusion
>
4 The Role of States Parties in the Interpretation of the Rome Statute of the International Criminal Court<\b>
1 Introduction
2 The General Role of States Parties in the Interpretation of Their Treaties
2.1 General
2.2 The States Parties’ Right to Interpret Their Treaties
2.3 States Parties Delegated Authority to Other Institutions to Interpret Their Treaties
2.4 The Mandate of Courts and Tribunals to Interpret Treaties
2.5 Shared General Interpretive Authority between States and Existing Tribunals or Courts
2.6 Subsequent Interpretive Agreements by States Parties When There Is an Ongoing Case
3 The Rome Statute Provisions on the Entity to Interpret the Statute
3.1 The Role of the asp in the Interpretation of the Rome Statute
3.2 The International Criminal Court as the Primary Interpretive Organ of the Rome Statute
3.3 Conclusion
5 The Coherence of States Parties Amendments and Resolutions versus the Court’s Jurisprudence in the Statute’s Interpretation<\b>
1 Introduction
2 asp Amendments to Rule 134 bis, 134ter, and 134quater Regarding the Accused’s Presence during Trial
2.1 General
2.2 Background to the Adoption of Rule 134 bis, ter, and quater by the asp
2.3 Implications of the asp 134quater Amendment Overriding the Appeal Chamber’s Decision
2.4 Implications of the Timing of the asp Amendment to Rule 134quater When There Was a Related Ongoing Court Case
2.5 Suggested Limitations to the States Parties Interpretation of the Rome Statute
3 The Implications of the asp’s Reaffirmation of Rule 68 as Nonretroactive on the icc’s Interpretation
3.1 Background
3.2 Was the Reaffirmation of Rule 68 by the asp a Subsequent Agreement?
3.3 Implications of the Timing of the asp’s Reaffirmation on Amended Rule 68
3.4 Conclusion
6 Conclusions and Recommendations
1 Introduction
2 Summary of Findings
2.1 States Parties Have a Role in the Interpretation of the Rome Statute
2.2 Reconciling the Interpretative Mandate Bestowed on the icc with the Interpretative Role of States Parties to the Rome Statute
3 Recommendations
3.1 The ICC Should Uniformly Reach Decisions Confirming that the vclt Is the Main Interpretive Rule Guiding the Rome Statute’s Interpretation
3.2 The ICC Should Adopt Policy and Practice Rules Requiring It to Incorporate More States Parties Resolutions and Amendments as Subsequent Agreements in the Rome Statute’s Interpretation
3.4 Consultation between the asp and the icc before the Adoption of Far-Reaching Amendments (Including Implementing theRoadmap)
3.5 The States Parties Should Adopt Rules Implementing the Sub Judice Principle
3.6 The asp’s Stipulation of Binding Provisions in the Rome Statute
3.7 Generation of More Relevant Subsequent Agreements and Practice by States Parties
3.8 Reference to the International Court of Justice (icj) in the Interpretation of Contentious International Law Matters Arising before the ICC
Bibliography
Index
Acknowledgments
List of Acronyms and Abbreviations
1 Background and Introduction
1 General Overview of the Book
1.1 The Application of the vclt Interpretation Rules to the Rome Statute’s Interpretation
1.2 The Overlap in the Interpretive Roles of the States Parties and the ICC
2 Statement of the Problem
3 The Objectives of the Book
4 Chapter Overview
2 Interpretation under the Vienna Convention on the Law of Treaties (VCLT)
1 Introduction
2 The Vienna Convention Rules of Interpretation as Customary International Law
2.1 The “General Rule” of Interpretation under Article 31 of the VCLT
2.2 Subsequent Agreements and Subsequent Practice under Article 31(3) (a) and (b) of the VCLT
2.3 Supplementary Means of Interpretation under Article 32 of the VCLT
2.4 The Legal Effect of Subsequent Agreements and Practice on Treaty Interpretation
2.5 Conclusion
3 Rules of Interpretation under the Rome Statute
1 Introduction
2 Reference to Interpretation under the Rome Statute 69 2.1 “Applicable Law” under Article 21 of the Rome Statute
3 The Role of the vclt Interpretation Rules in the Rome Statute’s Interpretation
3.1 The vclt Interpretation Rules as Applicable to the Rome Statute’s Interpretation
3.2 The vclt Interpretation Rules as Non-primary in the Rome Statute’s Interpretation
4 Article 21(3) and 22 of the Rome Statute as Interpretive Rules
4.1 Articles 21(3) and 22 Overview
4.2 Consistency with Human Rights under Article 21 (3) of the Rome Statute
4.3 The Legality Principle (nullum crimen sine lege) under Article 22 and Its Impact on the Rome Statute’s Interpretation
4.4 Conclusion
>
4 The Role of States Parties in the Interpretation of the Rome Statute of the International Criminal Court<\b>
1 Introduction
2 The General Role of States Parties in the Interpretation of Their Treaties
2.1 General
2.2 The States Parties’ Right to Interpret Their Treaties
2.3 States Parties Delegated Authority to Other Institutions to Interpret Their Treaties
2.4 The Mandate of Courts and Tribunals to Interpret Treaties
2.5 Shared General Interpretive Authority between States and Existing Tribunals or Courts
2.6 Subsequent Interpretive Agreements by States Parties When There Is an Ongoing Case
3 The Rome Statute Provisions on the Entity to Interpret the Statute
3.1 The Role of the asp in the Interpretation of the Rome Statute
3.2 The International Criminal Court as the Primary Interpretive Organ of the Rome Statute
3.3 Conclusion
5 The Coherence of States Parties Amendments and Resolutions versus the Court’s Jurisprudence in the Statute’s Interpretation<\b>
1 Introduction
2 asp Amendments to Rule 134 bis, 134ter, and 134quater Regarding the Accused’s Presence during Trial
2.1 General
2.2 Background to the Adoption of Rule 134 bis, ter, and quater by the asp
2.3 Implications of the asp 134quater Amendment Overriding the Appeal Chamber’s Decision
2.4 Implications of the Timing of the asp Amendment to Rule 134quater When There Was a Related Ongoing Court Case
2.5 Suggested Limitations to the States Parties Interpretation of the Rome Statute
3 The Implications of the asp’s Reaffirmation of Rule 68 as Nonretroactive on the icc’s Interpretation
3.1 Background
3.2 Was the Reaffirmation of Rule 68 by the asp a Subsequent Agreement?
3.3 Implications of the Timing of the asp’s Reaffirmation on Amended Rule 68
3.4 Conclusion
6 Conclusions and Recommendations
1 Introduction
2 Summary of Findings
2.1 States Parties Have a Role in the Interpretation of the Rome Statute
2.2 Reconciling the Interpretative Mandate Bestowed on the icc with the Interpretative Role of States Parties to the Rome Statute
3 Recommendations
3.1 The ICC Should Uniformly Reach Decisions Confirming that the vclt Is the Main Interpretive Rule Guiding the Rome Statute’s Interpretation
3.2 The ICC Should Adopt Policy and Practice Rules Requiring It to Incorporate More States Parties Resolutions and Amendments as Subsequent Agreements in the Rome Statute’s Interpretation
3.4 Consultation between the asp and the icc before the Adoption of Far-Reaching Amendments (Including Implementing theRoadmap)
3.5 The States Parties Should Adopt Rules Implementing the Sub Judice Principle
3.6 The asp’s Stipulation of Binding Provisions in the Rome Statute
3.7 Generation of More Relevant Subsequent Agreements and Practice by States Parties
3.8 Reference to the International Court of Justice (icj) in the Interpretation of Contentious International Law Matters Arising before the ICC
Bibliography
Index