Sources under Article 21

INSTRUCTIONS

1. The test consists of 6 questions with the first 5 questions being of 2 marks each
and the 6th question being of 10 marks. Total = 20 marks.
2. You will be allotted 45 minutes to complete the test.
3. Your answers must be typed out in this document with each answer following the
question that it addresses. The document should be saved as Name of Participant.

(1) What are the differences between the sources under the ICJ Statute and the Rome
Statute?

(2) Can the Prosecutor seek a remedy beyond the Rome Statute? Is Article 21 of the
Rome Statute an exhaustive list of sources?

(3) Is the International Criminal Court bound by its own previous decisions?

(4) Can the court rely upon a source which lays down a principle which goes against the
principle of non-refoulment?

(5) What is the difference between ICL, IHL and IHRL?

(6) Under which source would the following be brought (give reason for the same):
(a) Judgment by the ICJ.
(b) Judgment by a Criminal Tribunal such as the ICTR or ICTY.
(c) A treatise on International Criminal Law by a renowned jurist.
(d) Principle of Complementarity.
(e) Principle of Proportionality.
1. The primary difference between the sources under the rome statute and the ICJ statue is
there there is specific hierarchy given under the ICJ statue under article 32, but the rome
Statue has provision that specifically states that in case of conflict Rtc 9 that is elements and
article 51 that is rules that are overridden by the statue as a source itslef
The second difference that is prima facie visible in the comparison of the two statues is the
sources under ICJ consist of intenational treaties, international customs and general principals of
law; under the rome statute a three tier hierarchy has been provided under which at the top is
the statue as source itself along with rules and element of crime. At the second tier there the
sources which consists of principles and rules of international law and applicabable treaties, this
is consistent with the sources of ICJ and the third tier consist of domestic laws.

2. The difference between IHL IHRL and ICL are

IHL is a set of international rule which has been established by treaties and customs
to directly solve promblems arising out of armed conflict. IHRL are not specifically
based on armed conflicts, it is a set of international rules again established my
customs and treat which establishes what groups can expect from their government
as basic human rights whereas ICL provides for individual criminal responsilbility for
serious crimes of international concern, its laids down responsibility of the state
ICL and IHRL can be applied as principle during all the times but IHL comes into
play only at the time of armed conflict. ICL also comes into play when a serous
crime of internation stature is brought to the court
IHL binds all actors to an armed conflict, it laid down rule for both state and non
state actors whereas IHRL binds the government in there relation with individuals,
ICL laids down liability of the person accused, and prohibition against individuals
and state.
3. Article 21 is not an exhaustive source of law and procecutor can go beyond it
4. ICC is bound by its revious decisions, but it may apply them, they hold precedential value,
but it depends on the court to apply them or not
(7) Under which source would the following be brought (give reason for the same):
(f) Judgment by the ICJ. under the second part (b), second tier of source
(g) Judgment by a Criminal Tribunal such as the ICTR or ICTY.
(h) A treatise on International Criminal Law by a renowned jurist. under the second
tier
(i) Principle of Complementarity.
(j) Principle of Proportionality.