Overview
- Provides a succinct but holistic presentation of the most important issues related to the jurisdiction of the International Criminal Court (ICC)
- Emphasises contemporary cases (especially Palestine and Libya)
- Considers a wide range of historical, political, geostrategic, international and legal factors
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About this book
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.
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Keywords
Table of contents (9 chapters)
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Front Matter
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Back Matter
Reviews
“Consequently, this is one of the first monographs amid the abundant literature on the International Criminal Court that attempts to examine the breadth and depth of the issues raised in relation to the preconditions for exercising the jurisdiction of the International Criminal Court (Article 12 ICCRSt) and the principle of complementarity, taking into account the ‘ubiquitous’ factor of international politics as well as contemporary historical data and evidence that are often ignored or overlooked, such as the internal circulars of the ICC Prosecutor’s Office… The work of Victor Tsilonis, a very promising new scholar, fills a significant gap in the literature and opens up new pathways in the field of Public International Law."
Nestor Courakis , Emeritus Professor at the University of Athens
Authors and Affiliations
Bibliographic Information
Book Title: The Jurisdiction of the International Criminal Court
Authors: Victor Tsilonis
Translated by: Angeliki Tsanta
DOI: https://doi.org/10.1007/978-3-030-21526-2
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2019
Softcover ISBN: 978-3-030-21528-6Published: 11 December 2020
eBook ISBN: 978-3-030-21526-2Published: 23 November 2019
Edition Number: 1
Number of Pages: XVI, 283
Topics: International Criminal Law, Transnational Crime, International Organization, International Humanitarian Law, Law of Armed Conflict, Sources and Subjects of International Law, International Organizations, Human Rights