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7 - A Theory of Authority of International Criminal Law

Published online by Cambridge University Press:  27 July 2023

Clare Frances Moran
Affiliation:
University of Aberdeen
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Summary

The final substantive discussion looks at the idea of authority rooted in both justice and rights, discussing the development of international criminal justice alongside the human rights movement, and the way in which the justification for following such rules in rooted in an understanding of the rules serving the international population, particularly those vulnerable to atrocity crimes and victims of previous crimes. It examines the implications for a theory of authority based on rights for areas such as positive complementarity and UNSC referrals, and how these areas may need to adjust to conform to an understanding of authority which supports the legitimate exercise of power in this area. As is frequently noted, the Court’s main aim is to end impunity. If this is truly the case, it should move towards a complete approach to complementarity. This completeness should involve the generalised support for domestic prosecutions to ensure that its exercises of power are truly legitimate.

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The Authority of International Criminal Law
A Controversial Concept
, pp. 112 - 125
Publisher: Cambridge University Press
Print publication year: 2023

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