The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties

ISBN-13: 9781108499309 / Angielski / Twarda / 2020 / 280 str.

Australia) Monique Cormier (University of New England

Opis

This book provides a systematic and comprehensive analysis of the ICC's jurisdiction over nationals of non-States Parties. It is within the context of developments at the Court in recent years that this work addresses the overarching question: On what legal basis is the ICC authorised to exercise jurisdiction over nationals of non-States Parties? Engaging with ICC jurisprudence and building upon arguments developed in legal scholarship, this book explores the theory of delegated jurisdiction and critically examines the idea that the Court might alternatively be exercising jurisdiction inherent to the international community. It argues that delegation of territorial jurisdiction and implied consent by virtue of UN membership provide a legal basis to allow the ICC to exercise jurisdiction over nationals of non-States Parties in almost all situations envisaged by the Rome Statute.

Spis treści

1. Introduction; 2. Questions of state consent and sovereignty; 3. Delegation of jurisdiction: the concepts; 4. Delegation of jurisdiction: application and limitations; 5. The UN Security Council, the ICC, and nationals of non-states parties; 6. Universality as a legal basis for ICC jurisdiction; 7. Concluding remarks; Bibliography; Index.