Unifying the Legal Tapestry: Navigating ICC Jurisprudential Disarray
Volume 5, Issue 2, 2024, pp. 93-126
ABSTRACT: This study delves into the paramount significance of coherence within the International Criminal Court (ICC) jurisprudence and its profound implications across various dimensions. The initial section underscores the pivotal role of coherence, illustrating its direct correlation with the ICC’s legitimacy, the sanctity of the rule of law, and the establishment of a consistent jurisprudence. Following this, the study scrutinises notable case laws that have challenged the ICC’s coherence, specifically examining instances concerning case admissibility, appeal certifications under the A-B-C Approach, and diverging perspectives on the standard of proof. Unveiling the underlying reasons for these discrepancies, the study identifies several factors such as deficiencies in collegiality, procedural matters, internal oversight gaps, the Rome Statute’s ambiguities, judiciary composition, and the influence of political interests. Lastly, the study proposes potential solutions to address these challenges, aiming to foster greater coherence within the ICC’s legal framework. In summary, this analysis delineates the critical role of coherence, pinpoints existing challenges, and offers prospective remedies to fortify the ICC’s jurisprudential consistency and efficacy.