The Territorial Jurisdiction of the International Criminal Court
There are many variables of territoriality available to national courts under contemporary international law. Does the same apply to the International Criminal Court? And if so, what are the limits to the teleological expansion of the Court's territorial jurisdiction as regards, for example, partial commission of a crime in State not Party territory, crimes committed over the internet or crimes committed in occupied territories? Michael Vagias's analysis of the law and procedure surrounding the territorial jurisdiction of the Court examines issues such as the application of localisation theories of territoriality and the means of interpretation for article 12(2)(a); the principle of legality (nullum crimen sine lege) and human rights law for the interpretation of jurisdictional provisions; competence de la competence; crimes committed over the internet; and the procedure for jurisdictional objections.
- Electronic book text
- 10 Sep 2014
- CAMBRIDGE UNIVERSITY PRESS
- Cambridge University Press (Virtual Publishing)
- Cambridge, United Kingdom
Table of contents
1. Introduction; 2. Definitions and state territorial jurisdiction; 3. The preparatory works of Article 12; 4. Instruments of interpretation of the Rome Statute and Article 12(2)(a); 5. 'The conduct in question'; 6. The effects doctrine; 7. Belligerent occupation; 8. Objections to the territorial jurisdiction of the Court; 9. Conclusions.
'One of the most useful aspects of this meticulously researched and highly analytical text is its comprehensive examination of the current, albeit limited, jurisprudence of the ICC in the context of the Court's jurisdiction. The final chapter provides a valuable overview of the ICC's procedural framework on jurisdiction that will no doubt be of use to scholars and practitioners alike.' Monique Cormier, Journal of International Criminal Justice '... this book is a useful contribution to the literature on the sources and evidence of the law applying to international tribunals, and the appropriate application of these materials.' Kenneth S. Gallant, Leiden Journal of International Law 'The Territorial Jurisdiction of the International Criminal Court is an important addition to the growing body of scholarship examining the jurisdiction of the International Criminal Court.' Monique Cormier, Journal of International Criminal Justice
About Michail Vagias
Michail Vagias is a lecturer at the Hague University of Applied Sciences and at Nyenrode New Business School, Amsterdam.