Book contents
- The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties
- The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties
- Copyright page
- Contents
- Foreword
- Acknowledgements
- Table of Cases
- Table of Treaties and Selected Other Instruments
- Abbreviations
- 1 Introduction
- 2 Questions of State Consent and Sovereignty
- 3 Delegation of Jurisdiction: The Concepts
- 4 Delegation of Jurisdiction: Application and Limitations
- 5 The UN Security Council, the ICC and Nationals of Non-States Parties
- 6 Universality as a Legal Basis for ICC Jurisdiction
- 7 Concluding Remarks
- Bibliography
- Index
2 - Questions of State Consent and Sovereignty
Published online by Cambridge University Press: 06 August 2020
- The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties
- The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties
- Copyright page
- Contents
- Foreword
- Acknowledgements
- Table of Cases
- Table of Treaties and Selected Other Instruments
- Abbreviations
- 1 Introduction
- 2 Questions of State Consent and Sovereignty
- 3 Delegation of Jurisdiction: The Concepts
- 4 Delegation of Jurisdiction: Application and Limitations
- 5 The UN Security Council, the ICC and Nationals of Non-States Parties
- 6 Universality as a Legal Basis for ICC Jurisdiction
- 7 Concluding Remarks
- Bibliography
- Index
Summary
Chapter 2 provides a contextual discussion of why some non-States Parties object to the jurisdiction of the ICC. The chapter engages with the allegation that the Rome Statute infringes on the sovereignty of non-States Parties by allowing the ICC to prosecute their nationals in certain circumstances. This involves an analysis of how the Statute affects non-States Parties and an evaluation of whether such effects amount to an infringement of State sovereignty. How sovereignty interacts with international law is largely a matter of perspective, and how States perceive sovereignty shapes their view of whether there is an acceptable legal basis for the Rome Statute’s jurisdiction provisions. This chapter argues that the ICC needs to recognise such concerns and formulate the legal basis for its jurisdiction in a way that maximises the role of State consent.
- Type
- Chapter
- Information
- The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties , pp. 11 - 35Publisher: Cambridge University PressPrint publication year: 2020