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The International Criminal Court: A Hybrid “Direct Enforcement System”

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Chapter Summary

World War I was to be "the war to end all wars," but even its horrors were not enough to compel post-conflict justice. The international criminal court (ICC) is a permanent international institution established by treaty for the purpose of investigating and prosecuting individuals who commit "the most serious crimes of international concern", namely: genocide, crimes against humanity, and war crimes. The ICC is a treaty-based institution that is binding only on its states parties. The ICC may exercise its jurisdiction when a state that is not state party consents to the Court's jurisdiction, and crime has been committed on that state's territory or the accused is one of its nationals. The Statute contains the elements of individual criminal responsibility in Articles 25-30, and conditions of exoneration from criminal responsibility in Articles 31-33. The Statute provides for substantive and procedural due process rights that satisfy internationally established norms and standards.

Keywords:criminal responsibility; international criminal court (ICC); jurisdiction; Rome statute



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