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      The Jurisdiction of the International Criminal Court

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      SKU 9783030215286 Categories ,
      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 su...

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      Description

      Product ID:9783030215286
      Product Form:Paperback / softback
      Country of Manufacture:GB
      Title:The Jurisdiction of the International Criminal Court
      Authors:Author: Victor Tsilonis, Angeliki Tsanta
      Page Count:283
      Subjects:Public international law: criminal law, International criminal law, International law: courts and procedures, International courts & procedures
      Description: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 17§1 (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.

      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 17§1 (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.


      Imprint Name:Springer Nature Switzerland AG
      Publisher Name:Springer Nature Switzerland AG
      Country of Publication:GB
      Publishing Date:2020-12-11

      Additional information

      Weight468 g
      Dimensions170 × 233 × 18 mm