The Jurisdiction of the International Criminal Court

Author:   Victor Tsilonis ,  Angeliki Tsanta
Publisher:   Springer Nature Switzerland AG
Edition:   1st ed. 2019
ISBN:  

9783030215286


Pages:   283
Publication Date:   11 December 2020
Format:   Paperback
Availability:   Manufactured on demand   Availability explained
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The Jurisdiction of the International Criminal Court


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Overview

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.

Full Product Details

Author:   Victor Tsilonis ,  Angeliki Tsanta
Publisher:   Springer Nature Switzerland AG
Imprint:   Springer Nature Switzerland AG
Edition:   1st ed. 2019
Weight:   0.462kg
ISBN:  

9783030215286


ISBN 10:   3030215288
Pages:   283
Publication Date:   11 December 2020
Audience:   Professional and scholarly ,  Professional & Vocational
Format:   Paperback
Publisher's Status:   Active
Availability:   Manufactured on demand   Availability explained
We will order this item for you from a manufactured on demand supplier.
Language:   English

Table of Contents

The Definition of International Crime.- The Preconditions for the International Criminal Court to Exercise its Jurisdiction.- The Crime of Genocide and the International Criminal Court’s Jurisdiction.- Crimes Against Humanity Under the ICC’s Jurisdiction.- The ICC’s Jurisdiction Over War Crimes.- The Crime of Aggression: The Birth of a Crime.- Immunities Under Art. 27 ICCRSt and the ICC’s Jurisdiction.- 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 (Art. 25 UN Charter & 13(b)ICCRSt).- The Awakening Hypothesis of the Complementarity Principle.

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


" “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"


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