Article 41 of the ICJ Statute is the expression of an inherent power of international arbitral tribunals and judicial bodies; also the conditions for the indication of provisional measures by the ICJ are similar with those usually applied in arbitration. Yet, the Court's competence to act proprio...
Article 38 of the Statute of the ICJ should be regarded as the comprehensive and complete sources of international law.<br/> A、正确<br/> B、错误
This article offers an interpretation of Article 38(1)(d) of the ICJ Statute based on the formal pronouncements of international criminal courts and tribunals, distilled from their judgments. It considers that the qualification 'subsidiary' is meant neither to distinguish the means from the primary...
“General Principles of Law” is whether general principles of law “formed within the international legal system” could be regarded as part of Article 38(1)(c) of the Statute of the International Court of Justice (ICJ), which provides that the ICJ shall apply “the general principles of ...
The International Court of Justice (‘ICJ’) meanwhile has not offered its opinion on a right of pre-emptive self-defence, having twice avoided expressing a view on it.Footnote36 However, there are indications in the ICJ’s jurisprudence that potentially point to how the Court might treat the...
ICJ Arbitral Award (Honduras v Nicaragua) [1960] ICJ Rep 192, 208. 77. Mahiou (2006), Art 24 MN 10. 78. UN Office of Legal Affairs (2003), p. 65; Aust (2013), p. 151. 79. “For each State ratifying, accepting, approving or acceding to this Statute after the deposit of the...
Nevertheless, the ICJ declined to issue an explicit order regarding ceasefire, pointing to Article 59 of the ICJ Statute and the fact that the court’s judgments are binding on the parties before it, and not on third parties (such as Hamas) that are not a party to the legal proceedings ...
[35]ICJ(International Commission of Jurist)在评论1994国际法委员会制定的《罗马规约草案》时,也认为不应将侵略罪纳入国际刑事法院的管辖范围,因为:1,联合国大会3314号决议已经将侵略罪定义为国家行为,但国际刑事法院属人管辖的范围仅限于自然人;2,而且在无权对安理会对侵略行为已经发生的断定进行复议的情况下,国际...
[4]参见《前南斯拉夫问题国际刑事法庭程序与证据规则》第47条第7款,IT/32/Rev.41(2008年2月28日公布)。 [5]Holmes, J. T. , "The Principle of Complementarity", in Royce Lee ed. , The International Criminal Court, The Making of the Rome Statute, Issues, Negotiations, Results, Kluwer Law Inte...
Article 46 ICJ StatutepublicityhearingstransparencyCommentary to Article 46 of the Statute of the International Court of Justice.von Schorlemer, SabineTzanakopoulos, AntoniosSocial Science Electronic Publishing