Volume I, s.2 Structure of the ICC, 4 The Court, Ch.4.2 Legal Status and Powers of the Court
Francesca Martines
From: The Rome Statute of the International Criminal Court
Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones
Article 4 of the ICC Statute deals with two main matters: the status of the ICC as subject of international law and the scope and extent of the ICC’s powers. The question to be discussed with regard to each of these two matters is to what extent the will of States Parties to the Statute can establish an entity endowed with international personality and circumscribe its powers. The ICC’s antecedents— the Nuremberg and Tokyo Tribunals, the ICTY, and the ICTR—do not furnish a precedent in terms of international personality Commentators are almost unanimous in...