UN Security Council Referrals to the International Criminal Court: Legal Nature, Effects and LimitsThis book offers a unique critical analysis of the legal nature, effects and limits of UN Security Council referrals to the International Criminal Court (ICC). Alexandre Skander Galand provides, for the first time, a full picture of two competing understandings of the nature of the Security Council referrals to the ICC, and their respective normative interplay with legal barriers to the exercise of universal prescriptive and adjudicative jurisdiction. The book shows that the application of the Rome Statute through a Security Council referral is inherently limited by the UN Charter as well as the Rome Statute, and can conflict with other branches of international law, including international human rights law, the law on immunities and the law of treaties. Hence, it spells out a conception of the nature and effects of Security Council referrals that responds to these limits and, in turn, informs the reader on the nature of the ICC itself. |
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UN Security Council Referrals to the International Criminal Court: Legal ... Alexandre Skander Galand No preview available - 2019 |
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Akande amendment Appeals Chamber Application Arrest Al-Bashir arrest and surrender Arrest Warrant Article 13 Article 13(b Article 27 Cassese Chapter vii conception consent Court’s jurisdiction crime of aggression crimen sine lege crimes against humanity criminal jurisdiction customary international law ECtHR entry into force established exercise jurisdiction exercise of jurisdiction Gaddafi genocide hoc tribunals Human Rights Ibid icc’s exercise icc’s jurisdiction icj Reports ictr icty immunity ratione personae Interlocutory Appeal Decision international community International Criminal Court International Criminal Law Journal of International Judgment jurisdiction to adjudicate jus cogens Kress Libya non-retroactivity nullum crimen sine Nuremberg obligation to cooperate officials Omar Al-Bashir party Pre-Trial Chamber principle of legality prosecution Prosecutor refer a situation referral under Article retroactive Rome Statute SC referrals SC Res SC resolution Schabas Sudan Tadic Interlocutory Appeal Thomas Lubanga tion tional treaty Trial Chamber triggered UN Charter United Nations universal jurisdiction conception war crimes