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International Justice and the International Criminal CourtBetween Sovereignty and the Rule of Law$
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Bruce Broomhall

Print publication date: 2004

Print ISBN-13: 9780199274246

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199274246.001.0001

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From National to International Responsibility

From National to International Responsibility

Chapter:
(p.25) II From National to International Responsibility
Source:
International Justice and the International Criminal Court
Author(s):

Bruce Broomhall

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199274246.003.0003

This chapter examines how the principles of clarity and non-retroactivity have been brought to bear upon international criminal law, in particular in the negotiation of the Rome Statute of the ICC. It then treats the rationale that legitimates the intrusion of international criminal law into the otherwise sacrosanct domain of sovereignty. This rationale rests on two basic principles underlying the core of international criminal law: ‘international peace and security’ and ‘the collective conscience of humankind’.

Keywords:   clarity, non-retroactivity, international criminal law, Rome Statute, ICC, sovereignty

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