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Vol 24 No 1 Jan/Feb 2019

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


ISBN13: 9783319780146
Published: June 2018
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £99.99



This is a Print On Demand Title.
The publisher will print a copy to fulfill your order. Books can take between 1 to 3 weeks. Looseleaf titles between 1 to 2 weeks.

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.

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