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The Territorial Jurisdiction of the International Criminal Court : Certain Contested Issues

Michail Vagias

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Abstract

This dissertation is focused on the analysis of article 12(2)(a) of the Rome \nStatute of the International Criminal Court. It explores the possibility of \napplication by the Court of subjective and objective territoriality, as well as \nthe effects doctrine and ubiquity. It also examines the jurisdiction of the \nCourt under article 12(2)(a) in situations of military occupation. The thesis \nsets out to explore to what lengths may teleological interpretation expand the \nterritorial jurisdiction of the International Criminal Court. In this context, \nquestions such as the proper interpretation of non-intervention and the \nnon-application of the principle of legality in questions of jurisdiction are \nalso tackled.

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This dissertation is focused on the analysis of article 12(2)(a) of the Rome \nStatute of the International Criminal Court. It explores the possibility of \napplication by the Court of subjective and objective territoriality, as well as \nthe effects doctrine and ubiquity. It also examines the jurisdiction of the \nCourt under article 12(2)(a) in situations of military occupation. The thesis \nsets out to explore to what lengths may teleological interpretation expand the \nterritorial jurisdiction of the International Criminal Court. In this context, \nquestions such as the proper interpretation of non-intervention and the \nnon-application of the principle of legality in questions of jurisdiction are \nalso tackled.

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Available abstract

This dissertation is focused on the analysis of article 12(2)(a) of the Rome \nStatute of the International Criminal Court. It explores the possibility of \napplication by the Court of subjective and objective territoriality, as well as \nthe effects doctrine and ubiquity. It also examines the jurisdiction of the \nCourt under article 12(2)(a) in situations of military occupation. The thesis \nsets out to explore to what lengths may teleological interpretation expand the \nterritorial jurisdiction of the International Criminal Court. In this context, \nquestions such as the proper interpretation of non-intervention and the \nnon-application of the principle of legality in questions of jurisdiction are \nalso tackled.

Key concepts: Jurisdiction, Principle of legality, Law, Subject-matter jurisdiction, Political science, Interpretation (philosophy), Criminal jurisdiction, Territoriality

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