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Part 2 Jurisdiction, Admissibility, and Applicable Law: Compétence, Recevabilité, Et Droit Applicable, Art.10

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 16 June 2024

Capital punishment — Elements of crimes — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 10 of the Rome Statute of the International Criminal Court. Article 10 is a rare provision in that it has no title to suggest its content. It is not directed at the application and interpretation of the Rome Statute. Rather, it is intended to guide those who invoke the Rome Statute as an authoritative statement of customary international law, or of general international law. It insulates both the conventional and customary legal obligations of States from claims that these are in some way altered by adoption of the Rome Statute. Article 80 of the Statute has a similar purpose, although it is targeted specifically at capital punishment.

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