The International Criminal Court and Human Rights: Achievements and Challenges

Abstract

The article deals with the application and interpretation of human rights before the International Criminal Court (ICC). In the first part the article analyzes existing jurisprudence concerning the interpretation of Article 21(3) of the Rome Statute of the ICC, which is the primary interpretative guidance embracing the Statute and other sources applicable before the ICC. The article evaluates the position of non-binding documents, the usage of regional human rights treaties and describes functions human rights have been granted before the ICC. In the second part the article puts forward challenges dealing with the application and interpretation of human rights before the ICC. The non-refoulement principle is used as an example that not every human right is transferable to the ICC, which is an international organization. The article further focuses on the question whether the ICC can exceed the limits of existing human rights jurisprudence and extend the scope of human rights protection. The article reveals the ICC’s tendency to dissociate itself from violation of human rights at the domestic level attributable to a state and briefly evaluates how this approach is compatible with general principles in the area of the responsibility of international organizations for internationally wrongful acts and the concept of due diligence in international law.