The triggering procedure of the International Criminal Court

Bibliographic Information

The triggering procedure of the International Criminal Court

by Héctor Olásolo

(Legal aspects of international organization, v. 43)

M. Nijhoff, 2005

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Note

Abbreviated, rev., updated version of: Corte Penal Internacional, dónde investigar?. Valencia: Tirant lo Blanch, c2003

Includes bibliographical references (p. [309]-386) and index

Description and Table of Contents

Description

The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the "ad hoc" tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book The Triggering Procedure of the International Criminal Court constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.

Table of Contents

Table of Abbreviations, Foreword by Judge Sylvia Steiner, Introduction by Judge Joaquin Martin Canivell, Chapter One: First Approach to the Rome Statute, Chapter Two: The Triggering Procedure: Object, Parties and Proceedings, Chapter Three: Material Prerequisites for the Triggering of the Dormant Jurisdiction of the International Criminal Court over a Situation, Epilogue by Prof. George P. Fletcher, Epilogue by Prof. John A.E. Vervaele, Notes, Suggested Bibliography, Index.

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