The Jurisdiction of the International Criminal Court

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 17ʹ1 (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.-- Provided by publisher The Jurisdiction of the International Criminal Court Foreword Politics and History as `Extralegal ́ Interpretative Factors of Legal Provisions Acknowledgements Contents Abbreviations Chapter 1: The Definition of International Crime 1.1 Introduction 1.2 The Concept of International Crime 1.3 Towards a New Definition of International Crime Chapter 2: The Preconditions for the International Criminal Court to Exercise its Jurisdiction 2.1 Introduction: the Adoption of the Rome Statute and Article 12 ICCRSt 2.2 The Territorial Jurisdiction of the ICC 2.3 The Acceptance of the ICC ́s Jurisdiction by State Parties Pursuant to Article 12(1) ICCRSt 2.4 Contested Issues of the ICC ́s Territorial Jurisdiction: Excluded, Occupied and Disputed Territories 2.4.1 The Case of Excluded Territories 2.4.2 The Case of Occupied Territories 2.4.3 The ICC ́s Jurisdiction Over Disputed Territories or Quasi-States: the Case of Palestine 2.5 The ICC ́s Temporal Jurisdiction: Retrospective Application of the Rome Statute 2.6 The ICC ́s Jurisdiction Pursuant to the Principle of Active Personality 2.7 The Ad Hoc Acceptance of the ICC ́s Jurisdiction by a State Non-Party to the Rome Statute Chapter 3: The Crime of Genocide and the International Criminal Court ́s Jurisdiction 3.1 The Definition of the Crime of Genocide 3.2 Genocide as a Crime Under the Jurisdiction of the International Criminal Court (Article 6 ICCRSt) 3.3 The Mens Rea of the Crime of Genocide Under the Rome Statute 3.3.1 The Intent to Destroy, in Whole or in Part, a National, Ethnic, Racial or Religious Group 3.3.2 The Concept of a Group ́s Partial Destruction as a Prerequisite for the ICC ́s Jurisdiction 3.4 Current and Potentially Emerging Implications: The Rohingya Case 3.5 Conclusion Chapter 4: Crimes Against Humanity Under the ICC ́s Jurisdiction 4.1 Introduction: the Legal Development of Crimes Against Humanity 4.2 The Analysis of the Term ``Attack ́ ́ in the Context of Crimes Against Humanity 4.3 The Analysis of the Terms ``Widespread or Systematic ́ ́ and Their Proposed Interpretations 4.4 The Analysis of the Term ``Pursuant to or in Furtherance of a State or Organisational Policy ́ ́ Chapter 5: The ICC ́s Jurisdiction Over War Crimes 5.1 Introduction: War Crimes and Two Cases that Do Not Fall Under the ICC ́s Jurisdiction 5.2 The Phrase ``Unless Otherwise Provided ́ ́ and the Term ``Wilful(-ly) ́ ́ in Article 8 ICCRSt as Crucial Parameters for the Me... 5.3 The Terms ``Armed Conflict ́ ́ and ``Within the Established Framework of International Law ́ ́ 5.4 The Meaning of the Key Term ``In Particular ́ ́ within the Context of a Part of a Plan or Policy or a Part of a Large-Scale ... 5.5 The Meaning of the Terms ``as Part of a Plan or Policy ́ ́ and ``as Part of a Large-Scale Commission ́ ́ 5.6 The Meaning of the Term ``Namely ́ ́ 5.7 Exceptions to the ICC ́s Jurisdiction Over War Crimes: the `Phantom ́ Article 124 ICCRSt Chapter 6: The Crime of Aggression: The Birth of a Crime 6.1 The Right of Declaration of War and the Crime of Aggression: Two Antithetical Notions 6.2 The `Enactment ́ of the Crime of Aggression Under the Jurisdiction of the ICC 6.3 The Birth of the Crime of Aggression: The Assembly of States Parties in Kampala (2010) and New York (2017) 6.4 Conclusion: The Birth of the Crime of Aggression or the Birth of an Incapacitated Crime? Chapter 7: Immunities Under Art. 27 ICCRSt and the ICC ́s Jurisdiction 7.1 Introduction: On Article 27 ICCRSt, ``Irrelevance of Official Capacity ́ ́ 7.2 The Relationship Between Article 27 ICCRSt and Article 98 ICCRSt: Cooperation with Respect to Waiver of Immunity and Conse... 7.3 The Non-Compliance of the African Union with the ICC ́s Request for the Arrest and Surrender of Sudan ́s Sitting President A... 7.4 Criticism of the ICC Decision on Chad and Malawi and Other Relevant Cases 7.5 The Necessity of a Calm and Legally Correct Analysis of Immunity in International Criminal Law Chapter 8: The ICC ́s Jurisdiction Following a Security Council ́s Referral of a Situation Concerning Citizens of States Non-Par... 8.1 The ICC ́s Jurisdiction Over Citizens and Territories of States that Have Not Ratified the Rome Statute of the ICC 8.2 The Application of Jurisdiction Pursuant to Article 13 ICCRSt 8.3 The ICC ́s Jurisdiction Pursuant to Article 13 (b) ICCRSt Read Together with Article 25 UN Charter 8.4 The ICC ́s Jurisdiction in the Situation in Sudan and Libya (Article 13 (b) ICCRSt): the Referral of States Non-Parties to ... 8.4.1 The ICC ́s Jurisdiction in the Al-Bashir Case (Darfur Situation): UNSC Resolution 1593 8.4.2 The ICC ́s Jurisdiction Over the Situation in Libya: UNSC Resolution 1970 8.5 Comparing the Content of the Two Resolutions: the Omission of Article 98(2) ICCRSt in the Second Resolution Regarding Libya 8.6 The Temporal Jurisdiction of the ICC Pursuant to Article 13 (b) ICCRSt 8.7 The ICC ́s Jurisdiction Pursuant to Article 13 (b) ICCRSt and the Principle of Complementarity 8.8 Final Conclusions on the Role of the Security Council in the Cases of Sudan and Libya Chapter 9: The Awakening Hypothesis of the Complementarity Principle 9.1 Introduction 9.2 About the Principle of Complementarity and Its Relation to ICC Jurisdiction 9.3 The Complementarity Principle `In Practice ́ 9.4 National Jurisdictions and the Office of the ICC Prosecutor: the Selection of Jurisdiction 9.5 The Two-Tiered Approach to Cases by the Office of the Prosecutor 9.6 The Complementary Nature of the ICC 9.7 The Hypothesis of the Complementarity Principle as a Dead Letter 9.8 The Issue of Voluntary Referrals 9.9 The Pre-Trial Chamber Decision on the Al-Senussi Case (11 October 2013) 9.10 The Awakening Hypothesis of Actual Complementarity Table of Cases Table of Legislation and Documents Laws United Nations and Other International Documents United Kingdom and United States Official Documents Bibliography Books: English Bibliography Books: Greek Bibliography Articles: English Articles Articles: Greek Articles Websites Index "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"--Back cover