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The International Criminal Court – An International Criminal World Court?: Jurisdiction and Cooperation Mechanisms of the Rome Statute and its Practical Implementation

Autor Sarah Babaian
en Limba Engleză Hardback – 11 iun 2018
This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court’s strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute’s provisions and its practical implementation through States’ practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC’s judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.
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Specificații

ISBN-13: 9783319780146
ISBN-10: 331978014X
Pagini: 213
Ilustrații: VIII, 210 p.
Dimensiuni: 155 x 235 mm
Greutate: 0.49 kg
Ediția:1st ed. 2018
Editura: Springer International Publishing
Colecția Springer
Locul publicării:Cham, Switzerland

Cuprins

1 Introduction.- 2 Historical Excursus.- 3 Intention and Structure of the ICC.- 4 The International Criminal Court – A Criminal World Court?.- 5 Conclusion.

Textul de pe ultima copertă

This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court’s strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute’s provisions and its practical implementation through States’ practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC’s judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.

Caracteristici

A comprehensive source on the ICC from its establishment to the present, employing both legal and political perspectives Extensive and critical analysis of the most disputed articles regarding the jurisdiction and cooperation mechanisms of the Rome Statute Includes the latest State practices and ICC decisions regarding jurisdiction and cooperation with regard to Member and Non-Member States of the Rome Statute