The Al Hassan Judgment: icc’s First take on the War Crime of Passing of Sentences by Irregular Courts under Article 8(3)(c)(iv) of Rome Statute

The Al Hassan case is the first case before the icc to include charges under Article 8(2)(c)(iv) of the Rome Statute. As such, there is no relevant jurisprudence concerning its scope and application which Trial Chamber X could have relied on. In those circumstances, the judgment is likely to have a considerable impact on the development of the subsequent jurisprudence in this area. Article 8(2)(c)(iv) lies at the crossroads of International Criminal Law, International Humanitarian Law, International Human Rights Law and Public International Law; the provision’s interpretation is problematic also because it is put in very generic terms and there is no international jurisprudence concerning its meaning. The judgment clarifies some areas of Article 8(2)(c)(iv), yet leaves others unanswered, especially when it comes to the selection of the appropriate source of legal rules for the determining of the parameters of that provision.