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Vol 24 No 9 Sept/Oct 2019

Book of the Month

Cover of The Anti-Suit Injunction

The Anti-Suit Injunction

Price: £195.00

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The Jurisdiction of the International Criminal Court

ISBN13: 9783030215255
To be Published: October 2019
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £109.99

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 its jurisdiction (Article 12 Rome Statute) the substantive competence, i.e. the core crimes (Article 5-8bis Rome Statute, i.e. genocide, crimes against humanity, war crimes, crime of aggression) the principle of complementarity (Article 171 (a) Rome Statute) The latter governs the ICC's 'ultimate jurisdiction', since it is not merely sufficient for a crime to be within the Court's jurisdiction (according to the substantive, geographical, personal and temporal jurisdictional criteria), but the State Party must also be unwilling or unable genuinely to carry out the investigation or prosecution.

Finally yet importantly, the main 'negative preconditions' for the Court's jurisdiction, i.e. immunities (Article 27 Rome Statute) and exceptions via Security Council referrals are thoroughly examined.The book is an excellent resource for scholars as well as practitioners and notably contributes to the existing literature

International Criminal Law
Chapter 1. The Definition of International Crime
Chapter 2. The Preconditions of the Exercise of the International Criminal Court's Jurisdiction
Chapter 3. The Crime of Genocide and the International Criminal Court's Jurisdiction
Chapter 4. Crimes against Humanity under the ICC's Jurisdiction
Chapter 5. The ICC's Jurisdiction over War Crimes
Chapter 6. The Crime of Aggression: The Birth of a Crime
Chapter 7. Immunities and the ICC's Jurisdiction (Art.
27 ICCRSt)
Chapter 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
Chapter 9. The Awakening Hypothesis of the Complementarity Principle