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The Jurisdiction of the International Criminal Court

The Jurisdiction of the International Criminal Court

  • 作者:
  • 出版商: Springer-Verlag
  • ISBN: 9783030215255
  • 出版时间 December 2019
  • 规格: Hardback
  • 适应领域: Switzerland ? 免责申明:
    Countri(es) stated herein are used as reference only
New Edition is available now !
  • 描述 
  • 大纲 
  • 详细

    The book provides a holistic examination of the jurisdiction of the International Criminal Court (ICC). The main focus is placed on the three pillars which form the ICC's foundation pursuant to the Rome Statute: the preconditions to the exercise of its jurisdiction (Article 12 Rome Statute) the substantive competence, i.e. the core crimes (Article 5-8bis Rome Statute, i.e. genocide, crimes against humanity, war crimes, crime of aggression) the principle of complementarity (Article 171 (a) Rome Statute) The latter governs the ICC's 'ultimate jurisdiction', since it is not merely sufficient for a crime to be within the Court's jurisdiction (according to the substantive, geographical, personal and temporal jurisdictional criteria), but the State Party must also be unwilling or unable genuinely to carry out the investigation or prosecution.

    Finally yet importantly, the main 'negative preconditions' for the Court's jurisdiction, i.e. immunities (Article 27 Rome Statute) and exceptions via Security Council referrals are thoroughly examined.The book is an excellent resource for scholars as well as practitioners and notably contributes to the existing literature

  • Acknowledgements
    Chapter 1. The Definition of International Crime
    Chapter 2. The Preconditions of the Exercise of the International Criminal Court's Jurisdiction
    Chapter 3. The Crime of Genocide and the International Criminal Court's Jurisdiction
    Chapter 4. Crimes against Humanity under the ICC's Jurisdiction
    Chapter 5. The ICC's Jurisdiction over War Crimes
    Chapter 6. The Crime of Aggression: The Birth of a Crime
    Chapter 7. Immunities and the ICC's Jurisdiction (Art.
    27 ICCRSt)
    Chapter 8. The ICC's Jurisdiction following a Security Council's Referral of a Situation Concerning Citizens of States Non-Parties to the ICC - The Situation in Sudan and Libya
    Chapter 9. The Awakening Hypothesis of the Complementarity Principle
    Bibliography
    Index.

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