Concurrence of Judicial and Quasi-Legislative Capacities within the International and Internationalized Criminal Courts: Compliance with the Doctrine of Separation of Powers?

This article deals with the phenomenon that judges of international and internationalized criminal courts tend to function in two capacities: in a quasi-legislative capacity, as envisioned by inter alia enacting and amending the Rules of Procedure and Evidence, whilst also interpreting and applying them in a judicial capacity. This dual capacity is emerging also with respect to the determination of the subject matter jurisdiction of these courts. This essay analyses the tension which flows from this duality, more particularly in view of the doctrine of separation of powers.