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Article 21 Of The Statute Of The International Criminal Court And The Treatment Of Sources Of Law In The Jurisprudence Of The ICC

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Chapter Summary

There are three things which are interesting about Article 21 of the Rome Statute: its existence, the specificity of its content and the hierarchy it establishes. The internal sources of law are comprised of two very different bodies of law: legal texts on the one hand, which the Court has to apply and which are based on a very delicate hierarchy, and the jurisprudence of the International Criminal Court (ICC) itself, which is a non-binding source of law. Article 21 of the Rome Statute refers to two very different bodies of external sources of international law. Article 21 (1) (b) and (c) refer to different formal sources of law as subsidiary sources of law to be applied by the Court. Article 21 (3) refers to a material source of law, namely internationally recognized human rights, which seem to enjoy a superior status before the Court.

Keywords: Article 21; International Criminal Court (ICC); international law; jurisprudence; Rome Statute

10.1163/ej.9789004166554.i-774.91
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