Full Description
This book embarks on a comprehensive exploration of the jurisdiction of the International Criminal Court (ICC) and elucidates the three foundational aspects of its jurisdiction as laid out in the Rome Statute: the preconditions for exercising jurisdiction (Article 12 ICCRSt), its substantive competence regarding core crimes (Articles 5-8bis ICCRSt), and the principle of complementarity (Article 17§1(a) ICCRSt).
This principle, crucial to understanding the ICC's 'ultimate jurisdiction', is invoked only when a State Party demonstrates an inability or unwillingness to genuinely undertake investigation or prosecution. The book further probes the 'negative preconditions' of the Court's jurisdiction, in particular, immunities (Article 27 ICCRSt) and exceptions through Security Council referrals (Articles 13(b) and 15 ICCRSt).
Intended for students, scholars, and practitioners alike, this second edition offers invaluable insights into the ICC's jurisdiction, making a notable contribution to the existing literature. Importantly, it also navigates emerging fields of international criminal law, addressing topical and thought-provoking subjects such as ecocide, cyber warfare, automated lethal weapons, artificial intelligence, and the legal complexities arising from the Russian invasion of Ukraine.
Winner of the Second International Science Prize 2024 of the Hans Günter Brauch Foundation for Peace and Ecology in the Anthropocene (HGBS) on the Theme: Ecocide: Impacts of Wars and/or Climate Change on Food Security Since 1945.
Contents
1 The Definition of International Crime.- 2 The Preconditions for the International Criminal Court to Exercise its Jurisdiction.- 3 The Crime of Genocide and the International Criminal Court's Jurisdiction.- 4 Crimes Against Humanity Under the ICC's Jurisdiction.- 5 The ICC's Jurisdiction Over War Crimes.- 6 The Crime of Aggression: The Birth of a Crime.- 7 Immunities Under Art. 27 ICCRSt and the ICC's Jurisdiction.- 8 The ICC's Jurisdiction Following a Security Council's Referral of a Situation Concerning Citizens of States Non-Parties to the ICC: the Situation in Sudan and Libya (Art. 25 UN Charter & 13(b) ICCRSt).- 9 The Awakening Hypothesis of the Complementarity Principle.- 10 Ecocide: The Emergence of a New Crime within the Jurisdiction of the International Criminal Court?.- 11 Lethal Autonomous Weapons, Drones and Robots: to what extent their usage infringes uponestablished principles of international criminal law?.- 12 Cyber warfare: international criminal law in the digital era.
