The Universal Declaration of Human Rights in Twenty Years of ICC Practice: An International Law Perspective

On the occasion of the 20th anniversary of the entry into force of the Rome Statute and the 70th anniversary of the proclamation of the Universal Declaration of Human Rights (udhr), this article ponders on the two instruments intimate and symbiotic relationship. Following the systematisation and analysis of all International Criminal Court (icc) rulings mentioning the udhr, the article argues that the Court has aligned itself with the practice of other international jurisdictions regarding the udhr. Notably, the icc has adhered to the tendency of considering the human rights expressed in the udhr binding irrespective of their formal source, as inherently equipped with authority and persuasiveness. This would originate from the udhr capacity to convey general principles innate in the international order and of such an essential nature that their status under international law does not need to be assessed.