Edited by Martin Scheinin, Helle Krunke and Marina Aksenova
Chapter 13: Constitutionalism and human rights at the International Criminal Court
Anita Ušacka, former Judge of the International Criminal Court. With the International Criminal Court as an example, this chapter seeks to demonstrate that the role of judges as guardians of constitutionalism and human rights both nationally and internationally is more vital than ever before. In analysing the Rome Statute, the ‘Constitution’ of the ICC, it is apparent that the Court strives for the protection of human rights and relies on the harmonization of international jurisprudence. As the area of international law continues to evolve, there is an increasing need for international judges to assume their shared responsibility as guardians of constitutionalism and human rights beyond states via cross-fertilisation. In this regard one hopes that, in the future, the ICC establishes its legitimacy to the extent that its decisions become the source of authority for the state- and non-state parties alike. At the same time, the particular focus of this contribution on two case-studies exposes various difficulties that judges face in practice and raises considerable doubt as to whether or not judges have always been able to fulfill this mandate.
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