The Problem of the Authority of the International Criminal Court

Moran, Clare Frances

Abstract

This research examines the problem of the authority of the International Criminal Court (ICC), focusing on its claim to jurisdiction as its primary exercise of authority. The research questions the basis of the Court's authority, beginning with an analysis of current theories of authority and exploring their relevance to the Court. It then explores the 'permission' that it has to act, based on the consent of States and the UN Security Council mandate, and questions whether the Court has the authority to act, based on current legal theories. The problems associated with using current theory and methods of thinking about authority to explain the authority that the ICC are then explored.

Citation

Moran, C. F. (2018). The Problem of the Authority of the International Criminal Court. International Criminal Law Review, 18(5), 883-901. https://doi.org/10.1163/15718123-01805001

• Journal Article Type: Article
• Acceptance Date: Jul 7, 2018
• Online Publication Date: Sep 28, 2018
• Publication Date: 2018-09
• Deposit Date: Jul 11, 2018
• Publicly Available Date: Sep 29, 2020
• Journal: International Criminal Law Review
• Print ISSN: 1567-536X
• Publisher: Brill Academic Publishers
• Peer Reviewed: Peer Reviewed
• Volume: 18
• Issue: 5
• Pages: 883-901
• DOI: https://doi.org/10.1163/15718123-01805001
• Keywords: International Criminal Court (ICC), United Nations Security Council (UNSC), international criminal law, legal theory, authority
• Public URL: http://researchrepository.napier.ac.uk/Output/1246288