Akademik Veri Yönetim Sistemi
INTERNATIONAL JOURNAL OF HUMAN RIGHTS, 2026 (SSCI, Scopus)
In international criminal law, it is common practice for courts to establish legal principles through their judicial decisions (judicial lawmaking). This procedure arises from the evolving character of international law and has been effectively employed by ad hoc criminal tribunals (particularly the tribunals for the former Yugoslavia and Rwanda). These tribunals have substantially advanced international criminal law by filling legal gaps and interpreting traditional legal principles. This paper investigates whether the International Criminal Court (ICC) may fulfil a comparable role, notwithstanding the stringent constraints established by the Rome Statute. Despite the ICC's direct integration of fundamental principles such as nullum crimen sine lege, which constrains its judicial lawmaking power relative to its predecessors, this paper contends that the ICC possesses the capacity to evolve the law through judicial precedent. The ICC's exploitation of this potential is essential for deterring international crimes, averting impunity for perpetrators, and facilitating extensive inquiries into crimes against humanity.