The Territorial Jurisdiction of the International Criminal Court - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Territorial Jurisdiction of the International Criminal Court write by Michalēs Vagias. This book was released on 2014-10-16. The Territorial Jurisdiction of the International Criminal Court available in PDF, EPUB and Kindle. Michael Vagias analyses the law and procedure surrounding the territorial jurisdiction of the International Criminal Court.
The Jurisdiction of the International Criminal Court
The Jurisdiction of the International Criminal Court - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Jurisdiction of the International Criminal Court write by Victor Tsilonis. This book was released on 2019-11-23. The Jurisdiction of the International Criminal Court available in PDF, EPUB and Kindle. 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.
UN Security Council Referrals to the International Criminal Court
UN Security Council Referrals to the International Criminal Court - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook UN Security Council Referrals to the International Criminal Court write by Alexandre Skander Galand. This book was released on 2018-11-26. UN Security Council Referrals to the International Criminal Court available in PDF, EPUB and Kindle. This book offers a unique critical analysis of the legal nature, effects and limits of UN Security Council referrals to the International Criminal Court (ICC). Alexandre Skander Galand provides, for the first time, a full picture of two competing understandings of the nature of the Security Council referrals to the ICC, and their respective normative interplay with legal barriers to the exercise of universal prescriptive and adjudicative jurisdiction. The book shows that the application of the Rome Statute through a Security Council referral is inherently limited by the UN Charter as well as the Rome Statute, and can conflict with other branches of international law, including international human rights law, the law on immunities and the law of treaties. Hence, it spells out a conception of the nature and effects of Security Council referrals that responds to these limits and, in turn, informs the reader on the nature of the ICC itself.
Jurisdiction in International Law
Jurisdiction in International Law - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Jurisdiction in International Law write by Cedric Ryngaert. This book was released on 2015. Jurisdiction in International Law available in PDF, EPUB and Kindle. This fully updated second edition of Jurisdiction in International Law examines the international law of jurisdiction, focusing on the areas of law where jurisdiction is most contentious: criminal, antitrust, securities, discovery, and international humanitarian and human rights law. Since F.A. Mann's work in the 1980s, no analytical overview has been attempted of this crucial topic in international law: prescribing the admissible geographical reach of a State's laws. This new edition includes new material on personal jurisdiction in the U.S., extraterritorial applications of human rights treaties, discussions on cyberspace, the Morrison case. Jurisdiction in International Law has been updated covering developments in sanction and tax laws, and includes further exploration on transnational tort litigation and universal civil jurisdiction. The need for such an overview has grown more pressing in recent years as the traditional framework of the law of jurisdiction, grounded in the principles of sovereignty and territoriality, has been undermined by piecemeal developments. Antitrust jurisdiction is heading in new directions, influenced by law and economics approaches; new EC rules are reshaping jurisdiction in securities law; the U.S. is arguably overreaching in the field of corporate governance law; and the universality principle has gained ground in European criminal law and U.S. tort law. Such developments have given rise to conflicts over competency that struggle to be resolved within traditional jurisdiction theory. This study proposes an innovative approach that departs from the classical solutions and advocates a general principle of international subsidiary jurisdiction. Under the new proposed rule, States would be entitled, and at times even obliged, to exercise subsidiary jurisdiction over internationally relevant situations in the interest of the international community if the State having primary jurisdiction fails to assume its responsibility.
The Triggering Procedure of the International Criminal Court
The Triggering Procedure of the International Criminal Court - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Triggering Procedure of the International Criminal Court write by Héctor Olásolo. This book was released on 2005. The Triggering Procedure of the International Criminal Court available in PDF, EPUB and Kindle. The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book "The Triggering Procedure of the International Criminal Court" constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.
