Published online by Cambridge University Press: 06 August 2020
Chapter 6 addresses an alternative theory to delegation of territorial jurisdiction and implied consent. It explores whether the principle of universality can provide a coherent legal basis for the ICC’s jurisdiction in various situations allowed by the Rome Statute. It takes two different approaches to the possibility that universality provides a foundation for the ICC’s authority over nationals of non-States Parties. First is the idea that States are delegating universal jurisdiction to the ICC, along with jurisdiction based on territoriality and nationality. The second approach is one that envisages universal jurisdiction as inherent to the international community and exercisable by the ICC as an agent of this community. Ultimately this chapter argues that the limitations of both the delegated and inherent universal jurisdiction theories mean that there is no advantage to conceiving of the legal basis for the ICC’s jurisdiction as predicated on universal jurisdiction.
To save this book to your Kindle, first ensure no-reply@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Find out more about the Kindle Personal Document Service.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.
To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.