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 i
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The Jurisdiction of the International Criminal Court
The Jurisdiction of the International Criminal Court
Victor Tsilonis
The Jurisdiction of the International Criminal Court
Victor Tsilonis International Criminal Court Bar Association (ICCBA) The Hague, The Netherlands Translated by Angeliki Tsanta
ISBN 978-3-030-21525-5 ISBN 978-3-030-21526-2 https://doi.org/10.1007/978-3-030-21526-2
(eBook)
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To Avgi, Nestor, Angelika, Bartek and Stergios, for distinct yet precious reasons “Οne swallow may not a summer make but still may bring more swallows.” Konstantinos Melissas
Foreword
Politics and History as ‘Extralegal’ Interpretative Factors of Legal Provisions The subject of the present monograph is the preconditions for the exercise of jurisdiction of the International Criminal Court (ICC). In the ICC Rome Statute (ICCRSt), the Court’s jurisdiction revolves around the commission of international crimes, i.e. war crimes, crimes against humanity, genocide and most recently the crime of aggression. It is apparent that the interpretation of those multifaceted terms, as well as other similar notions also contained in the ICCRSt (e.g. ‘conflict’, ‘attack’ and ‘immunities’), constitutes a fundamental criterion regarding whether or not the Court will eventually intervene. However, when interpreting such general concepts, it is reasonable to include considerations of ‘extralegal’ character, and, especially, the way that the interests of great geostrategic forces are served. Hence, the quest for the concepts’ true meaning in certain cases cannot be fulfiled solely via purely dogmatic legal approaches, and also invo
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