Jurisdiction over International Crimes: The International Criminal Court and Other Ways of Ending Impunity

Authors

Irina Valusha
Kazimieras Simonavicius University
https://orcid.org/0009-0009-1248-5256
Maryna van den Boom
Kazimieras Simonavicius University
https://orcid.org/0009-0006-9151-4331

Keywords:

Jurisdiction, Impunity, International Criminal Court (ICC), Universal Jurisdiction, Rule of Law, Core Crimes, Ad Hoc Tribunals, Genocide Convention, Transfer of Children

Synopsis

The book Jurisdiction over International Crimes: International Criminal Court and Other Ways of Ending Impunity by Irina Valusha and Maryna van den Boom addresses the challenges and limitations faced by courts in holding individuals criminally accountable under international law. It is based on a widely accepted understanding of the feasibility of such accountability in the present era and deals with shortcomings, particularly those related to the responsibilities of perpetrators from countries that are not members of the international criminal framework.
The Nuremberg Trials in 1946 marked a pivotal moment, establishing the first international tribunal for individuals and initiating a new era in the pursuit of perpetrators threatening common values in international law. Despite the establishment of the first permanent international criminal court in 1998 under the Rome Statute, its operations have not halted the impunity of dictators, tyrants, and others committing core international crimes.
The monograph stands out as unique and superior to other publications of its kind. It provides a detailed analysis of institutional and substantive developments in international criminal law. In particular, the research is enriched by the analysis of the International Criminal Court’s jurisdiction over offenders from non-party states, including a recent ICC case. Additionally, the book explores the application of the universal jurisdiction principle in Europe and globally.
These aspects lend significant originality to the topic, especially in the context of current international conflicts and the debate on the limitations of international criminal law, which is being discussed publicly. There are no such detailed and comprehensive studies on the topic in question, neither in Lithuanian law nor in international law.

Prof. Dr Giedrius Nemeikšis, Associate Professor, Judge

Chapters

  • CHAPTER 1: JURISDICTION ISSUES AND INTERNATIONAL CRIMINAL LAW INTRODUCTION: WHAT DO WE MEAN BY JURISDICTION?
  • Part 1. Jurisdiction in international criminal law: Retrospective and contemporary overviews
  • Part 2. Jurisdiction and universal jurisdiction: An in-depth study
  • Part 3. Global criminal justice as a forum for jurisdiction over international crimes
  • CHAPTER 2: JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT AND PROSECUTION OF OFFENDERS FROM NON-MEMBER STATES OF THE ROME STATUTE
  • Part 1. The legal basis for the prosecution of macro-criminals by the ICC
  • Part 2. Problems of international law in the exercise of the jurisdiction of the ICC against offenders from non-member states of the Rome Statute
  • Part 3. General principles nullum crimen sine lege, nullum poena sine and the personal responsibility of offenders from non-member states of the Rome Statute in accordance with applicable international criminal law
  • Part 4. The jurisdiction of the International Criminal Court over offenders from third countries and the problem of third-party jurisdiction
  • Part 5. Restrictions and obstacles to the jurisdiction of the International Court of Justice
  • CHAPTER 3: LEGAL PRECONDITIONS FOR THE EXERCISE OF JURISDICTION BY THE ICC AGAINST AN INDIVIDUAL FROM A STATE NON-MEMBER OF THE ICC: A CASE STUDY OF PRE-TRIAL CHAMBER 2'S WARRANTS OF ARREST FOR TWO INDIVIDUALS FROM THE RUSSIAN FEDERATION IN THE CONTEXT OF
  • Part 1. Facts constituting an alleged crime and crime qualification: What to choose, war crimes (Article 8[2][b][viii]), crimes against humanity (Article 7[1][d]) or genocide (Article 6[e]) of the Rome Statute?
  • Part 2. State of law. Lex specialis with respect to the protection of children
  • Part 3. Jurisdiction of the ICC on the case on the alleged forcible transfer of children
Valusha-Boom-Jurisdiction-over-International-Crimes

Published

May 7, 2024

Categories

Details about this monograph

ISBN-13 (15)

978-83-8368-035-4