Taddese, Ararso (2014) Jurisdiction of the International Criminal Court (ICC) on Nationals of Non-party States to the Rome Statute. Masters thesis, Addis Ababa University.
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Abstract
Effective human right protection and providing justice at international level needs the existence of an international institution. Impunity must be eradicated from our world and should have to be replaced with a sense of accountability. This will be effective with the establishment of a permanent international criminal court. ICC is such an international criminal tribunal established by Rome treaty concluded at Rome Negotiation of 1998. During and after the negotiation, the jurisdictional basis of the court over nationals of non-party states became a very important controversial issue. This dissertation paper analyses the Rome Statute, principles of international law, and existing customary international laws and concludes that the court’s exercise of criminal jurisdiction over nationals of non-party states has sufficient legal basis. In addition, it encourages non-party states to ratify and become a party to the statute, to domesticate provisions of the statute within their domestic legal system, and contribute their effort in the fight against impunity. Because being non-party state to the Rome Statute would not encourage impunity. One of the most important issues in this regard is a state that is not party to the Rome Statute is not protected from being subjected to the criminal investigation of the Court. As the current practice, e.g. the case of Sudan shows us countries that are not party to the Rome statues can be referred to the ICC.
| Item Type: | Thesis (Masters) |
|---|---|
| Uncontrolled Keywords: | International criminal court, non-party states, nationals of non-party states, Rome Statute, universal jurisdiction, customary international law |
| Subjects: | J Political Science > JX International law K Law > K Law (General) |
| Divisions: | Africana |
| Depositing User: | Emmanuel Ndorimana |
| Date Deposited: | 03 Sep 2018 14:20 |
| Last Modified: | 03 Sep 2018 14:20 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/4912 |
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