The Jurisdiction of the International Criminal Court

Foreword of the First Edition
	Politics and History as `Extralegal´ Interpretative Factors of Legal Provisions
Preface of the Second Edition
Contents
Abbreviations
Chapter 1: The Definition of International Crime
	1.1  Holistic Analysis of the International Criminal Law and Jurisdiction of the International Criminal Court
	1.2 Unraveling the Complex Nature of International Crimes
	1.3 Controversies and Conventions in International Crime Classification
	1.4 Ecocide: Addressing Environmental Destruction as a Pressing International Concern. A New International Crime De Lege Feren...
	1.5 Aiming for aComprehensive Codification of International Crimes
	1.6 Crafting a New Definition of International Crime
	References
		Table of Cases
		Books
		Articles/Reports
		Websites/Web Sources
Chapter 2: The Preconditions for the International Criminal Court to Exercise its Jurisdiction
	2.1 Introduction: The Adoption of the Rome Statute and Article 12 ICCRSt
	2.2 The Territorial Jurisdiction of the ICC
	2.3 The Acceptance of the ICC´s Jurisdiction by State Parties Pursuant to Article 12(1) ICCRSt
	2.4 Contested Issues of the ICC´s Territorial Jurisdiction: Excluded, Occupied and Disputed Territories
		2.4.1 The Case of Excluded Territories
		2.4.2 The Case of Occupied Territories
		2.4.3 The ICC´s Jurisdiction Over Disputed Territories or Quasi-States: the Case of Palestine
	2.5 The ICC´s Temporal Jurisdiction: Retrospective Application of the Rome Statute
	2.6 The ICC´s Jurisdiction Pursuant to the Principle of Active Personality
	2.7 The Ad Hoc Acceptance of the ICC´s Jurisdiction by a State Non-Party to the Rome Statute
	References
		Table of Cases
		Books
		Articles/Papers
		Websites/Web Sources
Chapter 3: The Crime of Genocide and the International Criminal Court´s Jurisdiction
	3.1 The Definition of the Crime of Genocide
	3.2 Genocide as a Crime Under the Jurisdiction of the International Criminal Court (Article 6 ICCRSt)
	3.3 The Mens Rea of the Crime of Genocide Under the Rome Statute
		3.3.1 The Intent to Destroy, in Whole or in Part, a National, Ethnic, Racial or Religious Group
		3.3.2 The Concept of a Group´s Partial Destruction as a Prerequisite for the ICC´s Jurisdiction
	3.4 Current and Potentially Emerging Implications: The Rohingya Case
	3.5 Striving Towards Justice: Reimagining the Interpretation and Prevention of Genocide
	References
		Table of Cases
			Books
			Articles/Papers
			Websites/Web Sources
Chapter 4: Crimes Against Humanity Under the ICC´s Jurisdiction
	4.1 Introduction: The Legal Development of Crimes Against Humanity
	4.2 The Analysis of the Term ``Attack´´ in the Context of Crimes Against Humanity
	4.3 The Analysis of the Terms ``Widespread or Systematic´´ and Their Proposed Interpretations
	4.4 The Analysis of the Term ``Pursuant to or in Furtherance of a State or Organisational Policy´´
	References
		Table of Cases
		Books
		Articles/Papers
		Websites/Web Sources
Chapter 5: The ICC´s Jurisdiction Over War Crimes
	5.1 Introduction: War Crimes and Two Cases That Do Not Fall Under the ICC´s Jurisdiction
	5.2 The Phrase ``Unless Otherwise Provided´´ and the Term ``Wilful(-ly)´´ in Article 8 ICCRSt As Crucial Parameters for the Me...
	5.3 The Terms ``Armed Conflict´´ and ``Within the Established Framework of International Law´´
	5.4 The Meaning of the Key Term ``In Particular´´ Within the Context of a Part of a Plan or Policy or a Part of a Large-Scale ...
	5.5 The Meaning of the Terms ``As Part of a Plan or Policy´´ and ``As Part of a Large-Scale Commission´´
	5.6 The Meaning of the Term ``Namely´´
	5.7 Exceptions to the ICC´s Jurisdiction Over War Crimes: The `Phantom´ Article 124 ICCRSt
	References
		Table of Cases
		Articles/Papers
		Books
		Websites/Web Sources
Chapter 6: The Crime of Aggression: The Birth of a Crime
	6.1 The Right of Declaration of War and the Crime of Aggression: Two Antithetical Notions
	6.2 The `Enactment´ of the Crime of Aggression Under the Jurisdiction of the ICC
	6.3 The Birth of the Crime of Aggression: The Assembly of States Parties in Kampala (2010) and New York (2017)
	6.4 Conclusion: The Birth of the Crime of Aggression or the Birth of an Incapacitated Crime?
	References
		Table of Cases
		Books
		Articles/Papers
		Websites/Web Sources
Chapter 7: Immunities Under Art. 27 ICCRSt and the ICC´s Jurisdiction
	7.1 Introduction: On Article 27 ICCRSt, ``Irrelevance of Official Capacity´´
	7.2 The Relationship Between Article 27 ICCRSt and Article 98 ICCRSt: Cooperation with Respect to Waiver of Immunity and Conse...
	7.3 The Non-Compliance of the African Union with the ICC´s Request for the Arrest and Surrender of Sudan´s Sitting President A...
	7.4 Criticism of the ICC Decision on Chad and Malawi and Other Relevant Cases
	7.5 The Necessity of a Calm and Legally Correct Analysis of Immunity in International Criminal Law
	References
		Table of Cases
		Books
		Articles/Papers
		Websites/Web Sources
Chapter 8: The ICC´s Jurisdiction Following a Security Council´s Referral of a Situation Concerning Citizens of States Non-Par...
	8.1 The ICC´s Jurisdiction Over Citizens and Territories of States that Have Not Ratified the Rome Statute of the ICC
	8.2 The Application of Jurisdiction Pursuant to Article 13 ICCRSt
	8.3 The ICC´s Jurisdiction Pursuant to Article 13 (b) ICCRSt Read Together with Article 25 UN Charter
	8.4 The ICC´s Jurisdiction in the Situation in Sudan and Libya (Article 13 (b) ICCRSt): the Referral of States Non-Parties to ...
		8.4.1 The ICC´s Jurisdiction in the Al-Bashir Case (Darfur Situation): UNSC Resolution 1593
		8.4.2 The ICC´s Jurisdiction Over the Situation in Libya: UNSC Resolution 1970
	8.5 Comparing the Content of the Two Resolutions: the Omission of Article 98(2) ICCRSt in the Second Resolution Regarding Libya
	8.6 The Temporal Jurisdiction of the ICC Pursuant to Article 13 (b) ICCRSt
	8.7 The ICC´s Jurisdiction Pursuant to Article 13 (b) ICCRSt and the Principle of Complementarity
	8.8 Final Conclusions on the Role of the Security Council in the Cases of Sudan and Libya
	References
		Books
		Articles/Papers
		Websites/Web Sources
Chapter 9: The Awakening Hypothesis of the Complementarity Principle
	9.1 Introduction
	9.2 About the Principle of Complementarity and Its Relation to ICC Jurisdiction
	9.3 The Complementarity Principle `In Practice´
	9.4 National Jurisdictions and the Office of the ICC Prosecutor: the Selection of Jurisdiction
	9.5 The Two-Tiered Approach to Cases by the Office of the Prosecutor
	9.6 The Complementary Nature of the ICC
	9.7 The Hypothesis of the Complementarity Principle as a Dead Letter
	9.8 The Issue of Voluntary Referrals
	9.9 The Pre-Trial Chamber Decision on the Al-Senussi Case (11 October 2013)
	9.10 The Awakening Hypothesis of Actual Complementarity
	References
		Table of Cases
		Books
		Articles/Papers
		Websites/Web Sources
Chapter 10: Ecocide: The Emergence of a New Crime Within the Jurisdiction of the International Criminal Court?
	10.1 Introduction: Ecocides in the Last Fifty Years, the Explosion of Kakhovka Dam and the Pursuit of Global Environmental Pre...
	10.2 A Potential War Crime? The Destruction of Nova Kakhovka Dam
	10.3 Ecocide and the Search for a Legal Definition
	10.4 The Anthropocentric v. Ecocentric Debate
	10.5 Ecocide Within the Current Framework of the ICC
	10.6 Examining the Independent Expert Panel´s Proposed Ecocide Definition: Legal and Practical Concerns
	10.7 Proposals for Amending the Rome Statute to Include Ecocide
	10.8 Beyond the ICC and Kierkegaardian Leaps: Advocating for a New International Criminal Court for the Protection of the Envi...
	10.9 A Novel Definition on Ecocide for the New International Criminal Court for the Protection of the Environment (ICCPE)
	10.10 Towards a New International Criminal Court for the Protection of Environment (ICCPE): A Distinct Rationale for a Distinc...
	10.11 Assessing the ICC´s Capacity to Undertake a New Core Crime Within a New Jurisdiction
	10.12 The Feasibility of a New Permanent International Criminal Court for the Protection of the Environment (ICCPE)
	References
		Table of Cases
		Books
		Articles/Collective Book Chapters
		Websites/Web Sources
Chapter 11: Lethal Autonomous Weapons, Drones and Robots: To What Extent Their Usage Infringes Upon Established Principles of ...
	11.1 The Fundamental Principles of International Criminal Law and the Utilisation of LAWS (or AWS)
	11.2 Assessing Liability in the Use of Autonomous Weapons at the ICCand a Novel Article for Addressing the Lacuna
	11.3 Navigating the Future of Warfare: Establishing Ethical and Legal Boundaries for Lethal Autonomous Weapons
	References
		Table of Cases
		Books
		Articles/Papers
		Websites/Web Sources
Chapter 12: Cyber Warfare: International Criminal Law in the Digital Era
	12.1 Cyber Warfare: A New Battlefield and a New Facet of International Criminal Law
	12.2 A Brief Account of the History of Cyber Warfare
	12.3 The Tallinn Manuals
	12.4 Cyber Warfare and Cyberattacks in the Context of International Criminal Law
	12.5 Cyberattacks as War Crimes: Existence and Link to an Armed Conflict
	12.6 Cyberattacks That Could Amount to War Crimes
	12.7 Inducing Others Via the Web to Commit War Crimes or Other Crimes of the Rome Statute
	12.8 Exercising ICC´s Territorial Jurisdiction Over Cyberattacks and Crimes Committed Via the Web: Challenges of the Digital E...
	References
		Table of Cases
		Books
		Articles/Papers
		Websites/Web Sources
Index