EUR  â¬144.00EUR  â¬120.00 excl. VAT
The Role of State Parties to the Rome Statute in the Interpretation of the Statute
An Evaluation of Past Practice and Future Prospects
Series: - International Criminal Law Series, Volume: 20
Author:
This book offers a groundbreaking and thought-provoking examination of the intricate interplay between the role of State Parties to the Rome Statute in the interpretation of the Statute, particularly when the International Criminal Court (ICC) holds the explicit authority to do so. Utilizing the interpretation rules under Article 31(3) of the Vienna Convention on the Law of Treaties, it demonstrates how State Parties, through their subsequent agreements and practice continue to influence treaty interpretation under the Rome Statute.
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 ICCâs 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.
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 ICCâs 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.
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.
Contents
Acknowledgments
List of Acronyms and Abbreviations
1 Background and Introduction
â1 General Overview of the Book
ââ1.1 The Application of the vclt Interpretation Rules to the Rome Statuteâs Interpretation
ââ1.2 The Overlap in the Interpretive Roles of the States Parties and the ICC
â2 Statement of the Problem
â3 The Objectives of the Book
â4 Chapter Overview
2 Interpretation under the Vienna Convention on the Law of Treaties (VCLT)
â1 Introduction
â2 The Vienna Convention Rules of Interpretation as Customary International Law
ââ2.1 The âGeneral Ruleâ of Interpretation under Article 31 of the VCLT
ââ2.2 Subsequent Agreements and Subsequent Practice under Article 31(3) (a) and (b) of the VCLT
ââ2.3 Supplementary Means of Interpretation under Article 32 of the VCLT
ââ2.4 The Legal Effect of Subsequent Agreements and Practice on Treaty Interpretation
ââ2.5 Conclusion
3 Rules of Interpretation under the Rome Statute
â1 Introduction
â2 Reference to Interpretation under the Rome Statute 69 ââ2.1 âApplicable Lawâ under Article 21 of the Rome Statute
â3 The Role of the vclt Interpretation Rules in the Rome Statuteâs Interpretation
ââ3.1 The vclt Interpretation Rules as Applicable to the Rome Statuteâs Interpretation
ââ3.2 The vclt Interpretation Rules as Non-primary in the Rome Statuteâs Interpretation
â4 Article 21(3) and 22 of the Rome Statute as Interpretive Rules
ââ4.1 Articles 21(3) and 22 Overview
ââ4.2 Consistency with Human Rights under Article 21 (3) of the Rome Statute
ââ4.3 The Legality Principle (nullum crimen sine lege) under Article 22 and Its Impact on the Rome Statuteâs Interpretation
ââ4.4 Conclusion
>
4 The Role of States Parties in the Interpretation of the Rome Statute of the International Criminal Court<\b>
â1 Introduction
â2 The General Role of States Parties in the Interpretation of Their Treaties
ââ2.1 General
ââ2.2 The States Partiesâ Right to Interpret Their Treaties
ââ2.3 States Parties Delegated Authority to Other Institutions to Interpret Their Treaties
ââ2.4 The Mandate of Courts and Tribunals to Interpret Treaties
ââ2.5 Shared General Interpretive Authority between States and Existing Tribunals or Courts
ââ2.6 Subsequent Interpretive Agreements by States Parties When There Is an Ongoing Case
â3 The Rome Statute Provisions on the Entity to Interpret the Statute
ââ3.1 The Role of the asp in the Interpretation of the Rome Statute
ââ3.2 The International Criminal Court as the Primary Interpretive Organ of the Rome Statute
ââ3.3 Conclusion
5 The Coherence of States Parties Amendments and Resolutions versus the Courtâs Jurisprudence in the Statuteâs Interpretation<\b>
â1 Introduction
â2 asp Amendments to Rule 134 bis, 134ter, and 134quater Regarding the Accusedâs Presence during Trial
ââ2.1 General
ââ2.2 Background to the Adoption of Rule 134 bis, ter, and quater by the asp
ââ2.3 Implications of the asp 134quater Amendment Overriding the Appeal Chamberâs Decision
ââ2.4 Implications of the Timing of the asp Amendment to Rule 134quater When There Was a Related Ongoing Court Case
ââ2.5 Suggested Limitations to the States Parties Interpretation of the Rome Statute
â3 The Implications of the aspâs Reaffirmation of Rule 68 as Nonretroactive on the iccâs Interpretation
ââ3.1 Background
ââ3.2 Was the Reaffirmation of Rule 68 by the asp a Subsequent Agreement?
ââ3.3 Implications of the Timing of the aspâs Reaffirmation on Amended Rule 68
ââ3.4 Conclusion
6 Conclusions and Recommendations
â1 Introduction
â2 Summary of Findings
ââ2.1 States Parties Have a Role in the Interpretation of the Rome Statute
ââ2.2 Reconciling the Interpretative Mandate Bestowed on the icc with the Interpretative Role of States Parties to the Rome Statute
â3 Recommendations
ââ3.1 The ICC Should Uniformly Reach Decisions Confirming that the vclt Is the Main Interpretive Rule Guiding the Rome Statuteâs Interpretation
ââ3.2 The ICC Should Adopt Policy and Practice Rules Requiring It to Incorporate More States Parties Resolutions and Amendments as Subsequent Agreements in the Rome Statuteâs Interpretation
ââ3.4 Consultation between the asp and the icc before the Adoption of Far-Reaching Amendments (Including Implementing theRoadmap)
ââ3.5 The States Parties Should Adopt Rules Implementing the Sub Judice Principle
ââ3.6 The aspâs Stipulation of Binding Provisions in the Rome Statute
ââ3.7 Generation of More Relevant Subsequent Agreements and Practice by States Parties
ââ3.8 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
â1 General Overview of the Book
ââ1.1 The Application of the vclt Interpretation Rules to the Rome Statuteâs Interpretation
ââ1.2 The Overlap in the Interpretive Roles of the States Parties and the ICC
â2 Statement of the Problem
â3 The Objectives of the Book
â4 Chapter Overview
2 Interpretation under the Vienna Convention on the Law of Treaties (VCLT)
â1 Introduction
â2 The Vienna Convention Rules of Interpretation as Customary International Law
ââ2.1 The âGeneral Ruleâ of Interpretation under Article 31 of the VCLT
ââ2.2 Subsequent Agreements and Subsequent Practice under Article 31(3) (a) and (b) of the VCLT
ââ2.3 Supplementary Means of Interpretation under Article 32 of the VCLT
ââ2.4 The Legal Effect of Subsequent Agreements and Practice on Treaty Interpretation
ââ2.5 Conclusion
3 Rules of Interpretation under the Rome Statute
â1 Introduction
â2 Reference to Interpretation under the Rome Statute 69 ââ2.1 âApplicable Lawâ under Article 21 of the Rome Statute
â3 The Role of the vclt Interpretation Rules in the Rome Statuteâs Interpretation
ââ3.1 The vclt Interpretation Rules as Applicable to the Rome Statuteâs Interpretation
ââ3.2 The vclt Interpretation Rules as Non-primary in the Rome Statuteâs Interpretation
â4 Article 21(3) and 22 of the Rome Statute as Interpretive Rules
ââ4.1 Articles 21(3) and 22 Overview
ââ4.2 Consistency with Human Rights under Article 21 (3) of the Rome Statute
ââ4.3 The Legality Principle (nullum crimen sine lege) under Article 22 and Its Impact on the Rome Statuteâs Interpretation
ââ4.4 Conclusion
>
4 The Role of States Parties in the Interpretation of the Rome Statute of the International Criminal Court<\b>
â1 Introduction
â2 The General Role of States Parties in the Interpretation of Their Treaties
ââ2.1 General
ââ2.2 The States Partiesâ Right to Interpret Their Treaties
ââ2.3 States Parties Delegated Authority to Other Institutions to Interpret Their Treaties
ââ2.4 The Mandate of Courts and Tribunals to Interpret Treaties
ââ2.5 Shared General Interpretive Authority between States and Existing Tribunals or Courts
ââ2.6 Subsequent Interpretive Agreements by States Parties When There Is an Ongoing Case
â3 The Rome Statute Provisions on the Entity to Interpret the Statute
ââ3.1 The Role of the asp in the Interpretation of the Rome Statute
ââ3.2 The International Criminal Court as the Primary Interpretive Organ of the Rome Statute
ââ3.3 Conclusion
5 The Coherence of States Parties Amendments and Resolutions versus the Courtâs Jurisprudence in the Statuteâs Interpretation<\b>
â1 Introduction
â2 asp Amendments to Rule 134 bis, 134ter, and 134quater Regarding the Accusedâs Presence during Trial
ââ2.1 General
ââ2.2 Background to the Adoption of Rule 134 bis, ter, and quater by the asp
ââ2.3 Implications of the asp 134quater Amendment Overriding the Appeal Chamberâs Decision
ââ2.4 Implications of the Timing of the asp Amendment to Rule 134quater When There Was a Related Ongoing Court Case
ââ2.5 Suggested Limitations to the States Parties Interpretation of the Rome Statute
â3 The Implications of the aspâs Reaffirmation of Rule 68 as Nonretroactive on the iccâs Interpretation
ââ3.1 Background
ââ3.2 Was the Reaffirmation of Rule 68 by the asp a Subsequent Agreement?
ââ3.3 Implications of the Timing of the aspâs Reaffirmation on Amended Rule 68
ââ3.4 Conclusion
6 Conclusions and Recommendations
â1 Introduction
â2 Summary of Findings
ââ2.1 States Parties Have a Role in the Interpretation of the Rome Statute
ââ2.2 Reconciling the Interpretative Mandate Bestowed on the icc with the Interpretative Role of States Parties to the Rome Statute
â3 Recommendations
ââ3.1 The ICC Should Uniformly Reach Decisions Confirming that the vclt Is the Main Interpretive Rule Guiding the Rome Statuteâs Interpretation
ââ3.2 The ICC Should Adopt Policy and Practice Rules Requiring It to Incorporate More States Parties Resolutions and Amendments as Subsequent Agreements in the Rome Statuteâs Interpretation
ââ3.4 Consultation between the asp and the icc before the Adoption of Far-Reaching Amendments (Including Implementing theRoadmap)
ââ3.5 The States Parties Should Adopt Rules Implementing the Sub Judice Principle
ââ3.6 The aspâs Stipulation of Binding Provisions in the Rome Statute
ââ3.7 Generation of More Relevant Subsequent Agreements and Practice by States Parties
ââ3.8 Reference to the International Court of Justice (icj) in the Interpretation of Contentious International Law Matters Arising before the ICC
Bibliography
Index
This book would be of immediate relevance to academics, students and researchers in public international law generally and international criminal law, judges of the International Criminal Court and the ICJ, and State Parties to the Rome Statute.