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Sunderland Repository records the research produced by the University of Sunderland including practice-based research and theses.

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


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.

LJL-2300022_PRF.pdf - Accepted Version
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Uncontrolled Keywords: : judicial interpretation; empirical legal studies; International Criminal Court; Rome Statute; Vienna Convention on the Law of Treaties;
Depositing User: Pardis Tehrani


Item ID: 16115
Identification Number:
ISSN: 1478-9698
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Users with ORCIDS

ORCID for Pardis Moslemzadeh Tehrani: ORCID iD

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


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

University Divisions

Faculty of Business, Law and Tourism > School of Law


Law > Law

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