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The International Criminal Court - An International Criminal World Court? - Jurisdiction and Cooperation Mechanisms of the Rome Statute and its Practical Implementation (Hardcover, 1st ed. 2018)
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The International Criminal Court - An International Criminal World Court? - Jurisdiction and Cooperation Mechanisms of the Rome Statute and its Practical Implementation (Hardcover, 1st ed. 2018)
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This book provides an analysis of whether the International
Criminal Court can be regarded as an International Criminal World
Court, capable of exercising its jurisdiction upon every individual
despite the fact that not every State is a Party to the Rome
Statute. The analysis is based on a twin-pillar system, which
consists of a judicial and an enforcement pillar. The judicial
pillar is based on the most disputed articles of the Rome Statute;
its goal is to determine the potential scope of the Court's
strength through the application of its jurisdiction regime. The
enforcement pillar provides an analysis of the cooperation and
judicial assistance mechanism pursuant to the Rome Statute's
provisions and its practical implementation through States'
practices. The results of the analysis, and the lack of an
effective enforcement mechanism, demonstrate that the ICC cannot in
fact be considered a criminal world court. In conclusion, possible
solutions are presented in order to improve the enforcement pillar
of the Court so that the tremendous strength of the ICC's judicial
pillar, and with it, the exercise of worldwide jurisdiction, can be
effectively implemented.
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