Artur Appazov has published an article with the Journal of Global Justice and Public Policy – University of Copenhagen

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21 March 2017

Artur Appazov has published an article with the Journal of Global Justice and Public Policy

The article International Criminal Court and the Decision-Making Heritage of the Ad Hoc Tribunals: A Study of 'Judicial Activism' examines the theoretical and historical contexts, the applicable law and the practice of the International Criminal Court (ICC) to establish whether activist interpretation features in judicial decision-making of the court. The article argues that the high level of detail in the normative framework of the court does not address activist judicial practice as was anticipated by the creators of the court. Influenced by the interpretive culture of the foregoing tribunals where normative realities were starkly different, judicial interpretation at the ICC nonetheless experiences similar activist tendencies that may defy the established legislative polices of the court and the principle of legality. It argues that the incoherent interpretive practice allows the judges to express their idiosyncratic understanding of law in a way that may be inconsistent with the policies previously announced by the states parties to the Rome Statute and the court’s ‘legislative authority’ – the Assembly of States Parties. The Article concludes that consistent and sound interpretive methodology is wanting for the court to be able to effectively adhere to its Statute and the principle of legality.

The article is available here: https://media.wix.com/ugd/d74082_ab8445b61f0348d5b2773d9b8a3f8271.pdf