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2 results

  • 6 - Interpreting the Rome Statute

  • Liana Georgieva Minkova, University of Cambridge
  • Book:
    Responsibility on Trial
    Published online:
    09 February 2023
    Print publication:
    16 February 2023, pp 144-188

  • Summary

    Chapter 6 argues that the competition for delivering an authoritative interpretation of the criminal responsibility provisions in Article 25(3), Article 28, and Article 30 Rome Statute continued when the International Criminal Court (ICC) began operation. This chapter shows that the interpretation of Article 25(3) should be understood not only as an indication of the growing influence of civil law norms, as has been often suggested in the legal literature, but also with respect to other important overlapping factors, namely the growing dissatisfaction with joint criminal enterprise and the novel institutional environment of the ICC. Next, Chapter 6 observes that the ICC judges have interpreted in a very restrained manner Article 28 and Article 30, perhaps going beyond the intentions of the Rome Statute drafters. This chapter provides a comprehensive analysis of the (re)construction of criminal responsibility rules at the ICC over a period of 15 years, including recent developments, which took place in 2020–2021 in the Yekatom and Ngaïssona, Abd-Al-Rahman and Said cases, thus highlighting the dynamic nature of international criminal law norms.

Responsibility on Trial
  • Liability Standards in International Criminal Law
  • Liana Georgieva Minkova
  • Published online:
    09 February 2023
    Print publication:
    16 February 2023
  • Establishing individual criminal responsibility for mass atrocities is the foundational principle of international criminal justice, but this process is highly complex, and is accompanied by political and legal dilemmas about its operation. The book examines the drafting, interpretation, and application of the rules for assessing individual criminal responsibility as those rules emerge from the intense contestations among judges, lawyers, and academics within the legal field. Focusing on the International Criminal Court (ICC), the book provides a rich analysis of the international debates around questions of criminal responsibility by interrogating formal legal documents and legal scholarship alongside more candid accounts (interviews, memoirs, minutes). These debates are of key importance for international criminal law and global justice because how criminal responsibility laws are construed in practice determines which conduct merits punishment and, ultimately, demarcates the boundaries of what are considered the 'gravest' acts that 'shock' humanity.