Abstract
AbstractThis article examines whether the International Criminal Court (ICC) can exercise universal jurisdiction. In particular, the author responds to the argument that the ICC can exercise universal jurisdiction on the basis of delegated criminal jurisdiction and the aut dedere aut judicare principle, and challenges the view that the trial of nationals of non-parties by the ICC neither creates obligations for such states nor contravenes the Monetary Gold principle. The author argues that although some Rome Statute crimes have universal character, this does not automatically entitle the ICC to exercise jurisdiction over non-party nationals outside such limited universal jurisdiction as may be conferred on the Court through the Security Council referral.
Subject
Law,Political Science and International Relations,Sociology and Political Science
Cited by
17 articles.
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1. Index;The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties;2020-09-30
2. Bibliography;The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties;2020-09-30
3. Concluding Remarks;The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties;2020-09-30
4. Universality as a Legal Basis for ICC Jurisdiction;The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties;2020-09-30
5. The UN Security Council, the ICC and Nationals of Non-States Parties;The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties;2020-09-30