A series of controversies that have structured the life of the International Criminal Court and which are often discussed separately can be traced to fundamental disagreements about the foundations of its authority. For some, the Court further crystalizes a sort of ius puniendi of the international community that is a direct continuation of the commitment to repress certain fundamental international crimes; for others, the key to the Court’s authority is, if anything, better understood as a function of sovereign delegation and agreement. The article explores the merits of these theories of both international criminal law and jurisdiction, both as theories and in light of the actual practices of international criminal justice. It may well be that an international ius puniendi can be said to exist in the abstract, and when it comes to core international crimes and the need to repress them. Even if the origin of some cardinal international criminal prohibitions is conventional, these prohibitions may have become so ingrained in the international legal order as to become inherent to it. But the public order and universal character of international crimes does not necessarily or easily translate to whatever particular institutions are devised to punish them. The article suggests, in this context, that on balance the practices of the Court are still better understood as a direct function of State consent. This is true when examining both the practice of the ICC towards non-States Parties and, crucially, towards States Parties. To see the Court as ‘merely’ the Court of its States Parties, however, is not to give up on the idea of universal repression, but to see it as mediated in practice by the complex agency of those States that pursue that aim.
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Max Planck Yearbook of United Nations Law Online
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This publication constitutes the first scholarly periodical to focus on activities of the United Nations in the field of international law. It recognizes the recent increased impact of the development of the World Organization, its Specialized Agencies and other aspects of the United Nations System, as well as their effect on the shaping of international relations.
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ILO Convention No. 169 remains the only treaty open for ratification specifically and exclusively dedicated to the promotion and protection of indigenous peoples’ rights. Its cornerstone is the State’s duty to consult indigenous peoples. This article presents the history of the emergence of the duty to consult indigenous peoples in ILO Convention No. 169, its normative content and related guidance from the ILO supervisory bodies. It further examines developments with regard to this duty in the UN and the Inter-American systems and explores the relationship between such developments and ILO Convention No. 169. The paper revisits State practice of countries that have ratified that Convention, illustrating progress and challenges relating to the implementation of regulatory frameworks for consultation with indigenous peoples.
Jochen A. Frowein
Rüdiger Wolfrum
Editors-in-Chief:
Erika de Wet
Kathrin Maria Scherr
Managing Editor:
Sai Sathyanarayanan Venkatesh
Electronic Collections Online
International Review of Biblical Studies
Kathrin Maria Scherr is a Managing Director at the Max Planck Foundation for International Peace and the Rule of Law.
Sai Sathyanarayanan Venkatesh is the Managing Editor for the Max Planck Yearbook of United Nations Law.
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Max Planck Yearbook of United Nations Law Online
Search for other papers by Erika de Wet in
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Search for other papers by Kathrin Maria Scherr in
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PubMed
This publication constitutes the first scholarly periodical to focus on activities of the United Nations in the field of international law. It recognizes the recent increased impact of the development of the World Organization, its Specialized Agencies and other aspects of the United Nations System, as well as their effect on the shaping of international relations.
The Yearbook is also available in print.
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Online only €246.00$285.00
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Please contact sales in order to purchase any of the above.
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Online only €82.00$103.00
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Please contact sales in order to purchase any of the above.