Report of the working group on the question of an international criminal jurisdiction

1992 ◽  
pp. 143-203
Author(s):  
Keyword(s):  
Working Group ◽  
International Criminal ◽  
Criminal Jurisdiction

scholarly journals Mutual recognition, choice of forum, and lis pendens A Civil Law Threesome Transposed

2018 ◽  
Author(s):  
Aukje van Hoek
Keyword(s):  
Criminal Law ◽  
Working Group ◽  
International Criminal ◽  
Mutual Recognition ◽  
Civil Law ◽  
Civil Procedure ◽  
Controversial Issue ◽  
International Criminal Law ◽  
Criminal Jurisdiction ◽  
European System

The draft proposals make a bold attempt to address a pressing and controversial issue in international criminal law. The recognition of multiple grounds of jurisdiction—​and the recent expansion thereof with regard to specific crimes—​creates a situation in which more than one country can legitimately claim jurisdiction over a specific crime or set of acts. Unlike the situation in civil procedure, there is currently no European system to coordinate criminal jurisdiction within the area of freedom of justice, and hence the international grounds of jurisdiction are also applied in full to intra-​EU cases. This creates ample possibilities for a positive conflict of jurisdiction in which more than one state may start investigations, prosecution, and/​or criminal adjudication with regard to a similar or identical set of criminal facts. As the Working Group rightly stresses, this may lead to ‘efforts and resources being wasted and potentially to arbitrary outcomes’.

The International Criminal Court and Universal Jurisdiction

2006 ◽  
Vol 6 (3) ◽  
pp. 349-385 ◽  
Author(s):  
Ademola Abass
Keyword(s):  
Security Council ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Criminal Court ◽  
Universal Jurisdiction ◽  
Criminal Jurisdiction

AbstractThis article examines whether the International Criminal Court (ICC) can exercise universal jurisdiction. In particular, the author responds to the argument that the ICC can exercise universal jurisdiction on the basis of delegated criminal jurisdiction and the aut dedere aut judicare principle, and challenges the view that the trial of nationals of non-parties by the ICC neither creates obligations for such states nor contravenes the Monetary Gold principle. The author argues that although some Rome Statute crimes have universal character, this does not automatically entitle the ICC to exercise jurisdiction over non-party nationals outside such limited universal jurisdiction as may be conferred on the Court through the Security Council referral.

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