The International Criminal Court – An International Criminal World Court?

1. Front Matter

   Pages i-viii

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2. Introduction

   • Sarah Babaian

   Pages 1-6

3. Historical Excursus

   • Sarah Babaian

   Pages 7-12

4. Intention and Structure of the ICC

   • Sarah Babaian

   Pages 13-19

5. The International Criminal Court: A Criminal World Court?

   • Sarah Babaian

   Pages 21-189

6. Conclusion

   • Sarah Babaian

   Pages 191-202

7. Back Matter

   Pages 203-210

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This book provides an analysis of whether the International Criminal Court can be regarded as an International Criminal World Court, capable of exercising its jurisdiction upon every individual despite the fact that not every State is a Party to the Rome Statute. The analysis is based on a twin-pillar system, which consists of a judicial and an enforcement pillar. The judicial pillar is based on the most disputed articles of the Rome Statute; its goal is to determine the potential scope of the Court’s strength through the application of its jurisdiction regime. The enforcement pillar provides an analysis of the cooperation and judicial assistance mechanism pursuant to the Rome Statute’s provisions and its practical implementation through States’ practices. The results of the analysis, and the lack of an effective enforcement mechanism, demonstrate that the ICC cannot in fact be considered a criminal world court. In conclusion, possible solutions are presented in order to improve the enforcement pillar of the Court so that the tremendous strength of the ICC’s judicial pillar, and with it, the exercise of worldwide jurisdiction, can be effectively implemented.

• ICC
• International Criminal Court
• War crimes
• Crime of Aggression
• Rome Statute
• war crime

• Faculty of Law, University of Hamburg, Hamburg, Germany

  Sarah Babaian

Policies and ethics