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The Jurisdiction of the International Criminal Court (Paperback, 1st ed. 2019)
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The Jurisdiction of the International Criminal Court (Paperback, 1st ed. 2019)
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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.
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