Setting limits to judicial discretion in interpreting crimes : the role of the legality principle at the international criminal court Ghent University
This thesis examines how the legality principle (article 22 Rome Statute) sets limits to the judicial interpretation ofcrimes and evaluates, through two case studies, whether the ICC judiciary has respected those legality limits. From a positivistic and Hartian inspired framework, this study proposes to understand the judicial interpretative space as constituting a two-dimensional functional relation between the applicable law and methods of ...