Анатомия кризиса: проблемы нормативной легитимности Международного уголовного суда

Abstract

The article examines the issues of the normative legitimacy of the International Criminal Court, which is understood as the conformity of the creation and operation of the court with the norms and principles of international law, as well as with the conditions of consent of States regarding the status of this court, competence and jurisdiction formulated in the Rome Statute as the founding document of the court. The current practice of the ICC and the Prosecutor of the Court in some fundamental issues has clearly departed from the conditions for the exercise of their jurisdiction enshrined in the Rome Statute, which calls into question the normative legitimacy of such actions of the Court and the Prosecutor. States, after two decades of the Court’s activity, have clearly not received the court they expected, developing and agreeing on the provisions of the Rome Statute, which may give States sufficient grounds to stop considering this court as a legitimate source of judicial power