Manley, Stewart and Tehrani, Pardis Moslemzadeh and Rasiah, Rajah (2023) Mapping interpretation by the International Criminal Court. Leiden Journal of International Law, 36 (3). pp. 771-806. ISSN 0922-1565, DOI https://doi.org/10.1017/S0922156523000225.
Full text not available from this repository.Abstract
This article is one of very few attempts to empirically measure legal interpretation. It maps the application of eleven interpretation elements (good faith, ordinary meaning, object and purpose, etc.) in Articles 31 and 32 of the Vienna Convention on the Law of Treaties (VCLT) across ten International Criminal Court case studies. The elements were coded for identity and sequence of element, and amount of text used in applying each element. The mapping and analysis reveal, among other things, that the application of the VCLT across cases is markedly inconsistent and, in some instances, opaque and arguably unjustifiable. The results suggest, at least based on this small sample, that the ICC's current practice of applying the accommodating, flexible methodology of the VCLT may be inconsistent with the requirement of strict construction in Article 22 of the Rome Statute, and that even when strict construction does not technically apply, a more systematic, transparent, and robust approach should nevertheless still be followed.
| Item Type: | Article |
|---|---|
| Funders: | University of Malaya Postgraduate Research Grant (PPP) [Grant No: PG259-2016A] |
| Uncontrolled Keywords: | Empirical legal studies; International Criminal Court; Judicial interpretation; Rome Statute; Vienna Convention on the Law of Treaties |
| Subjects: | K Law > K Law (General) |
| Divisions: | Faculty of Law Deputy Vice Chancellor (Academic & International) Office > Asia-Europe Institute |
| Depositing User: | Ms. Juhaida Abd Rahim |
| Date Deposited: | 06 Nov 2025 04:26 |
| Last Modified: | 06 Nov 2025 04:26 |
| URI: | http://eprints.um.edu.my/id/eprint/49787 |
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