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Mapping Interpretation by the International Criminal Court. Leiden Journal of International Law

Stewart, Manley, Moslemzadeh Tehrani, Pardis and Rasiah, Rajah (2023) Mapping Interpretation by the International Criminal Court. Leiden Journal of International Law. Leiden Journal of International Law, 36 (3). pp. 771-806. ISSN 1478-9698 (Submitted)

Item Type: Article

Abstract

This article is one of very few attempts to empirically measure legal interpretation. It maps the application of eleven interpretation elements (good faith, ordinary meaning, object and purpose, etc.) in Articles 31and 32 of the Vienna Convention on the Law of Treaties (VCLT) across ten International Criminal Court case studies. The elements were coded for identity and sequence of element, and amount of text used in applying each element. The mapping and analysis reveal, among other things, that the application of the VCLT across cases is markedly inconsistent and, in some instances, opaque and arguably unjustifiable. The results suggest, at least based on this small sample, that the ICC’s current practice of applying the accommodating, flexible methodology of the VCLT may be inconsistent with the requirement of strict construction in Article 22 of the Rome Statute, and that even when strict construction does not technically apply, a more systematic, transparent, and robust approach should nevertheless still be followed.

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More Information

Uncontrolled Keywords: : judicial interpretation; empirical legal studies; International Criminal Court; Rome Statute; Vienna Convention on the Law of Treaties;
Depositing User: Pardis Tehrani

Identifiers

Item ID: 16115
Identification Number: https://doi.org/10.1017/S0922156523000225
ISSN: 1478-9698
URI: http://sure.sunderland.ac.uk/id/eprint/16115
Official URL: https://www.cambridge.org/core/journals/leiden-jou...

Users with ORCIDS

ORCID for Pardis Moslemzadeh Tehrani: ORCID iD orcid.org/0000-0001-9698-8698

Catalogue record

Date Deposited: 15 May 2023 16:59
Last Modified: 10 Apr 2024 10:45

Contributors

Author: Pardis Moslemzadeh Tehrani ORCID iD
Author: Manley Stewart
Author: Rajah Rasiah

University Divisions

Faculty of Business, Law and Tourism > School of Law

Subjects

Law > Law

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