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The Jurisdiction of the International Criminal Court:
the prerequisites for its exercise
Victor P. Tsilonis
senior attorney-at-law, LLM (nottingham), PhD (aristotle),
tutor at the Democritus University of Thrace/guest lecturer at
the International Hellenic University, included in the List of Counsel
of the International Criminal Court
Abstract:
The book focuses on the core of the ICC jurisdiction and specifically
on the three pillars-foundations of its jurisdiction: 1) the preconditions to the
exercise of its jurisdiction (Art. 12 ICC Rome Statute) 2) the scope of its jurisdic-
tion - substantive competence, i.e. the core crimes defined in the Rome Statute
(Art. 5-8bis, genocide, crimes against humanity, war crimes, crime of aggres-
sion) 3) the principle of complementarity which governs the ICC’s “ultimate ju-
risdiction”. Moreover, beyond the examination of the three central pillars linked
to the ICC’s “positive jurisdiction”, the main “negative preconditions” for the
Court’s exercise of jurisdiction are also analysed, namely the issue of immunities
(art. 27 ICC Rome Statute “Irrelevance of Official Capacity”), and the attempted
exceptions of ICC’s jurisdiction via the Security Council referrals of Sudan and
Libya situations. The examination of the positive and negative aspects of ICC’s
jurisdiction is hoped to provide an original holistic examination.
ISBN 978-960-562-694-5
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