The position of customary international law in Article 21 of the Statute of the International Criminal Court

Document Type : Original Article

Authors

Department of Law, Qom Branch, Islamic Azad University, Qom, Iran

Abstract

Abstract

Unlike ad hoc international criminal courts in which judges are guided to prescribe customary rules in proceedings, the International Criminal Court came into existence with distinctive features compared to previous courts, and in Article 21 of its statute, the rights He enumerated the performance and, in a way, created a hierarchy among them. However, contrary to the common practice, whenever we need to conceptualize the sources of international law, we automatically refer to Article 38 of the Statute of the International Court of Justice, and international treaties and customs are introduced as the main sources in the Rome Statute. First of all, there is no news about the last-mentioned case. This matter, which was formed by the efforts of some countries and criminal lawyers and in support of and based on the principle of legality, sought to limit the powers of judges in a significant way, and the customary rules, despite all the prominent points, Due to the complexities of its identification and function, this article concluded by examining the provisions of the founding document of the International Criminal Court that despite the wishes of the drafters, these rules still play an important role in the proceedings of the International Criminal Court. Although not explicitly cited as a source.

Keywords

Political Sociology of Iran
Volume 4, Issue 4 - Serial Number 16
February 2022
Pages 1504-1517

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