Publication details
Applicable Law, Interpretation, Inherent and Implied Powers - a Brief Rendezvous with the ICC
| Authors | |
|---|---|
| Year of publication | 2016 |
| Type | Article in Periodical |
| Magazine / Source | Czech Yearbook of Public and Private International Law |
| MU Faculty or unit | |
| Citation | |
| Field | Law sciences |
| Keywords | International Criminal Court; Ruto and Sang case; subpoena; mistrial; inherent and implied powers; interpretation; applicable law |
| Description | The article analyzes two decisions of the International Criminal Court issued in the Ruto and Sang case, namely the subpoena decision (2014) concerning power of the ICC to compel witness testimony, and termination decision (2016) on vacation of charges with the possibility of re-prosecution. These decisions are confronted with the methodology of applicable law and interpretative techniques the ICC has elaborated in its previous practice, including the doctrines of inherent and implied powers. The author draws the conclusion that while the subpoena decision, despite noticeable pre-existing contradictory opinions presented on the part of scholars, is compatible with settled methodological and interpretative schemes used before the ICC, the termination decision that leaves open the possibility of re-prosecution is rather an example of judicial activism which cannot be inferred from and justified by any source and doctrine available before the ICC. |