Joseph Powderly

Contact: joe.powderlygmail.com

Qualifications: B.A. in English & Legal Science (NUI, Galway); LL.B (NUI, Galway); LL.M in International Human Rights Law (NUI, Galway)

Joseph Powderly is a Case Reporter in International Criminal Law for Oxford University Press and has written over 80 case reports and commentaries to date. These will be published in 2008 as part of Oxford University Press' Reports on International Criminal Law. He is currently pursuing research in the sphere of judicial interpretation and the development of international criminal law. Other research interests include international humanitarian law, jurisprudence and domestic criminal law. He is tutor in Criminal Law and Jurisprudence at Griffith College Dublin.

Theories of Judicial Interpretation and the Development of International Criminal and International Humanitarian law

Supervisor: Prof. William A. Schabas

The principle objective of this research project is to conduct an in-depth analysis of the various, and frequently unique, theories of statutory construction employed by international criminal institutions in their interpretation of all relevant legal instruments and case-law in the hope of discovering the key to the interpretive methodologies of international criminal institutions. Since creative judicial interpretation has been the driving force behind the evolution of international criminal law, a study focusing on an in-depth analysis of its character will give a valuable indication of the future direction of international criminal law. In addition the research project aims to: assess the nature of legal interpretation of international legal instruments generally; and consider the impact of general hermeneutical theory on the interpretation of international criminal law statutes. It is hoped that achieving these aims will allow me to answer the following core research questions:

• What influence has creative judicial interpretation had on the evolution of core norms of international criminal and international humanitarian law?
• What impact have aids to statutory construction derived from traditional domestic practice (e.g. intentionalism, textualism, teleological or purposive interpretation etc.) had on the interpretation of international criminal law statutes and international humanitarian law norms?
• What factors influence the manner in which these aids to construction are employed (legal, political and social)?
• Is the judicial interpretation of international criminal law statutes and international humanitarian law norms governed by principles of customary international law?
• Should the statutes of the international criminal institutions be interpreted as penal statutes proper or essentially as instruments resembling treaties?
• Should creative judicial interpretation shape the development of international criminal law?

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