Author:
BLOME KERSTIN,MARKARD NORA
Abstract
AbstractThis article examines the problem of colliding international regimes by reference to the International Criminal Court (ICC) and the UN Security Council. Given the different logics or rationalities of these institutions – the Security Council is first and foremost a (power) political organ, while the ICC is in charge of legal assessments – the collision potential is high. A collision rule was therefore introduced into the Rome Statute in the form of Article 16; however, all instances of its application so far have been highly controversial. While norm application is always controversial to some extent, we argue – in reference to Thomas Franck's work on the legitimacy of international norms – that regime responsiveness, secondary rules or a neutral application control of Article 16 could contribute to successful collision management.
Publisher
Cambridge University Press (CUP)
Subject
Law,Political Science and International Relations
Reference47 articles.
1. Structural Causes and Regime Consequences: Regimes as Intervening Variables;Krasner;IO,1982
2. Caution and Confrontation in the International Criminal Court’s Pursuit of Accountability in Uganda and Sudan
3. Two Kinds of Legal Pluralism: Collision of Transnational Regimes in the Double Fragmentation of World Society;Teubner;Regime Interaction in International Law: Facing Fragmentation,2012
4. The Politics of International Regime Complexity
5. Referral and Deferral by the Security Council;Condorelli;The Rome Statute of the International Criminal Court: A Commentary,2002
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