Book contents
- The Authority of International Criminal Law
- ASIL Studies in International Legal Theory
- The Authority of International Criminal Law
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgements
- 1 Introduction
- 2 The Link between Authority and Legitimacy
- 3 The Authority of Public International Law
- 4 The Authority of International Criminal Law
- 5 Sovereignty and Complementarity
- 6 Postcolonialism and Bias in International Criminal Law
- 7 A Theory of Authority of International Criminal Law
- 8 Conclusion
- References
- Index
4 - The Authority of International Criminal Law
Published online by Cambridge University Press: 27 July 2023
- The Authority of International Criminal Law
- ASIL Studies in International Legal Theory
- The Authority of International Criminal Law
- Copyright page
- Dedication
- Contents
- Preface
- Acknowledgements
- 1 Introduction
- 2 The Link between Authority and Legitimacy
- 3 The Authority of Public International Law
- 4 The Authority of International Criminal Law
- 5 Sovereignty and Complementarity
- 6 Postcolonialism and Bias in International Criminal Law
- 7 A Theory of Authority of International Criminal Law
- 8 Conclusion
- References
- Index
Summary
This chapter proceeds to the question of the authority of international criminal law. Although there are links between international criminal law and public international law, rooted in the treaty agreements which created the former, the partly compulsory nature of international criminal law sets it apart from other forms of public international law. Accordingly, this chapter focuses on the way in which the Rome Statute’s jurisdiction, as its primary exercise of power, and, potentially, authority are set out in the treaty and how this may affect its authority. As its jurisdictional provisions also permit the UNSC to make referrals to the Court, where a situation threatens international peace and security, the question of this power going beyond ‘typical’ jurisdictional powers is discussed in the context of power politics. This will allow an exploration of the mechanism as a legitimate exercise of power.
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- The Authority of International Criminal LawA Controversial Concept, pp. 57 - 74Publisher: Cambridge University PressPrint publication year: 2023