The International Criminal Court and global constitutionalism

Andrea Birdsall and Anthony F. Lang, Jr.

Chapter 35 in Handbook on Global Constitutionalism, 2023, pp 508-518 from Edward Elgar Publishing

Abstract: The chapter explore the extent to which the International Criminal Court (ICC) embodies different principles of constitutionalism in the international order. It analyses two types, international and global constitutionalism and finds that the Court embodies both aspects of constitutionalism in its institutional structure. The chapter argues that the global constitutional order is reflected in the ICC’s focus on individuals and their rights (both victims and accused) which is demonstrated through an analysis of the ICC’s first ever completed trial of Thomas Lubanga Dylio. Ideas of international constitutionalism are evident in the fact that the Court is governed by the Assembly of State Parties (ASP), which links the Court to states as constitutive members. The chapter concludes that a combination of the two types of constitutionalism better describes and helps to evaluate the practices of the Court.

Keywords: Economics and Finance; Law - Academic; Politics and Public Policy (search for similar items in EconPapers)
Date: 2023
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