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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

  • Sarah Babaian

Table of contents

  1. Front Matter
    Pages i-viii
  2. Sarah Babaian
    Pages 1-6
  3. Sarah Babaian
    Pages 7-12
  4. Sarah Babaian
    Pages 13-19
  5. Sarah Babaian
    Pages 191-202
  6. Back Matter
    Pages 203-210

About this book

Introduction

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.

Keywords

ICC International Criminal Court War crimes Crime of Aggression Rome Statute

Authors and affiliations

  • Sarah Babaian
    • 1
  1. 1.Faculty of LawUniversity of HamburgHamburgGermany

Bibliographic information

  • DOI https://doi.org/10.1007/978-3-319-78015-3
  • Copyright Information Springer International Publishing AG, part of Springer Nature 2018
  • Publisher Name Springer, Cham
  • eBook Packages Law and Criminology
  • Print ISBN 978-3-319-78014-6
  • Online ISBN 978-3-319-78015-3
  • Buy this book on publisher's site