- Human rights remedies — Elements of crimes — International criminal law, conduct of proceedings — Evidence
This chapter comments on Article 21 of the Rome Statute of the International Criminal Court. Article 21 is an important innovation since none of the previous statutes of international criminal tribunals has contained a provision dealing with ‘applicable law’. Article 21(1) imposes a hierarchy of sources, with a three-tiered cascade of applicable norms. Article 21(2) contemplates the case law of the Court, but without indicating where it fits within the hierarchy. Article 21(3) does not, strictly speaking, provide a new source. Rather, it makes all of the applicable law in article 21 subject to ‘internationally recognized human rights’.
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