The Territorial Jurisdiction of the International Criminal Court

Michael Vagias analyses the law and procedure surrounding the territorial jurisdiction of the International Criminal Court.

Michail Vagias (Author)

9781316632512, Cambridge University Press

Paperback / softback, published 18 June 2020

378 pages
15 x 23 x 2 cm, 0.56 kg

'The Territorial Jurisdiction of the International Criminal Court is an important addition to the growing body of scholarship examining the jurisdiction of the International Criminal Court.' Monique Cormier, Journal of International Criminal Justice

There are many variables of territoriality available to national courts under contemporary international law. Does the same apply to the International Criminal Court? And if so, what are the limits to the teleological expansion of the Court's territorial jurisdiction as regards, for example, partial commission of a crime in State not Party territory, crimes committed over the internet or crimes committed in occupied territories? Michael Vagias's analysis of the law and procedure surrounding the territorial jurisdiction of the Court examines issues such as the application of localisation theories of territoriality and the means of interpretation for article 12(2)(a); the principle of legality (nullum crimen sine lege) and human rights law for the interpretation of jurisdictional provisions; compétence de la compétence; crimes committed over the internet; and the procedure for jurisdictional objections.

1. Introduction
2. Definitions and state territorial jurisdiction
3. The preparatory works of Article 12
4. Instruments of interpretation of the Rome Statute and Article 12(2)(a)
5. 'The conduct in question'
6. The effects doctrine
7. Belligerent occupation
8. Objections to the territorial jurisdiction of the Court
9. Conclusions.

Subject Areas: Criminal law & procedure [LNF], International criminal law [LBBZ], International organisations & institutions [LBBU], Public international law [LBB], Law [L]