• Login
    View Item 
    •   Home
    • Faculty/ Researcher Works
    • Faculty/ Researcher Works
    • View Item
    •   Home
    • Faculty/ Researcher Works
    • Faculty/ Researcher Works
    • View Item
    JavaScript is disabled for your browser. Some features of this site may not work without it.

    Browse

    All of TUScholarShareCommunitiesDateAuthorsTitlesSubjectsGenresThis CollectionDateAuthorsTitlesSubjectsGenres

    My Account

    LoginRegister

    Help

    AboutPeoplePoliciesHelp for DepositorsData DepositFAQs

    Statistics

    Most Popular ItemsStatistics by CountryMost Popular Authors

    Gravity and the Legitimacy of the International Criminal Court

    • CSV
    • RefMan
    • EndNote
    • BibTex
    • RefWorks
    Thumbnail
    Name:
    deGuzman-JournalArticle-2008.pdf
    Size:
    3.798Mb
    Format:
    PDF
    Download
    Genre
    Journal article
    Date
    2008
    Author
    deGuzman, Margaret M.
    Subject
    Gravity
    International criminal court
    International criminal law
    Jurisdiction
    Legitimacy
    Permanent link to this record
    http://hdl.handle.net/20.500.12613/6939
    
    Metadata
    Show full item record
    DOI
    http://dx.doi.org/10.34944/dspace/6921
    Abstract
    References to gravity are threaded throughout the Rome Statute's provisions relating to jurisdiction and its exercise. These references reflect the drafters' philosophical vision for the Court, but fail to provide the institution with clear legal guidance. Part II begins by examining the relevant statutory provisions, exploring ambiguities in the text and suggesting how it should be interpreted. It then canvases the legislative history for indications of the drafters' intent and evaluates the approaches to gravity adopted thus far by the Court's judges and Prosecutor. The analysis in this Part demonstrates that gravity plays two essential and distinct roles for the ICC. First, it serves as a statutorily required "threshold" below which the Court should not exercise its jurisdiction. The Prosecutor must consider this threshold in selecting situations and cases and the judges are required to reject cases below the threshold when the issue is properly raised. The second role relates to the Prosecutor's discretion. In addition to considering the gravity threshold, the Statute's emphasis on gravity strongly suggests the Prosecutor should consider relative gravity in selecting among situations and cases above the threshold. The task of implementing the concept of gravity, both as a threshold and as a relative consideration in the exercise of discretion, requires an understanding of the theoretical bases for gravity's prominent place in the ICC regime. Part III therefore turns to the justifications for the gravity threshold and discretionary relative gravity considerations, rooting them in the Court's moral and sociological legitimacy. The study of institutional legitimacy is a vast and rapidly growing field of scholarly inquiry. This Article does not seek to contribute to that literature, but rather employs extant accounts of legitimacy to demonstrate the relationship between gravity and the ICC's actual and perceived legitimacy. The Article argues that gravity acts to legitimize the Court in two interrelated ways: the gravity threshold helps to ensure the moral legitimacy of the Court's exercise of jurisdiction, and the Prosecutor's discretionary use of relative gravity strongly affects perceptions of the Court's legitimacy. These observations about gravity's role in legitimizing the ICC lead to some important conclusions in Part IV about how the Court should operationalize gravity in its work. With regard to gravity threshold determinations, a relatively straightforward factor-based analysis is suggested. The Article sets forth the relevant factors and argues that only cases scoring at the bottom of the gravity spectrum on all factors should be excluded based on the gravity threshold.
    Citation
    Margaret M. deGuzman, Gravity and the Legitimacy of the International Criminal Court, 32 FORDHAM INT'L L.J. 1400 (2008).
    Available at: https://ir.lawnet.fordham.edu/ilj/vol32/iss5/2
    Citation to related work
    Fordham University School of Law
    Has part
    Fordham International Law Journal, Vol. 32, Iss. 5
    ADA compliance
    For Americans with Disabilities Act (ADA) accommodation, including help with reading this content, please contact scholarshare@temple.edu
    Collections
    Faculty/ Researcher Works

    entitlement

     
    DSpace software (copyright © 2002 - 2022)  DuraSpace
    Temple University Libraries | 1900 N. 13th Street | Philadelphia, PA 19122
    (215) 204-8212 | scholarshare@temple.edu
    Open Repository is a service operated by 
    Atmire NV
     

    Export search results

    The export option will allow you to export the current search results of the entered query to a file. Different formats are available for download. To export the items, click on the button corresponding with the preferred download format.

    By default, clicking on the export buttons will result in a download of the allowed maximum amount of items.

    To select a subset of the search results, click "Selective Export" button and make a selection of the items you want to export. The amount of items that can be exported at once is similarly restricted as the full export.

    After making a selection, click one of the export format buttons. The amount of items that will be exported is indicated in the bubble next to export format.