
Contents
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I . Introduction I . Introduction
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II . The Security Council Cannot Extend the Court’s Jurisdiction under the Statute II . The Security Council Cannot Extend the Court’s Jurisdiction under the Statute
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A . The Provisions of the Statute Exclude the Possibility for the Security Council to Extend the Court’s Jurisdiction A . The Provisions of the Statute Exclude the Possibility for the Security Council to Extend the Court’s Jurisdiction
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B . The Security Council Has the Legal Obligation to Abide by the Terms of the Statute B . The Security Council Has the Legal Obligation to Abide by the Terms of the Statute
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III . Chapter VII Does Not Confer on the Security Council the Power to Extend the Court’s Jurisdiction against the Terms of the Statute III . Chapter VII Does Not Confer on the Security Council the Power to Extend the Court’s Jurisdiction against the Terms of the Statute
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A . Hypothesis: Chapter VII as the Possible Legal Source for the Power of the Security Council to Depart from the Provisions of the ICC Statute A . Hypothesis: Chapter VII as the Possible Legal Source for the Power of the Security Council to Depart from the Provisions of the ICC Statute
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B . The Case against the Possibility for Chapter VII to Justify an Extension of the Court’s Jurisdiction Departing from the Statute B . The Case against the Possibility for Chapter VII to Justify an Extension of the Court’s Jurisdiction Departing from the Statute
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IV . Conclusions IV . Conclusions
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A . Interpretation of the Statutory Limitations to the Court’s Jurisdiction for the Security Council A . Interpretation of the Statutory Limitations to the Court’s Jurisdiction for the Security Council
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B . General Appraisal of the System for the Prosecution of International Crimes after the ICC Statute B . General Appraisal of the System for the Prosecution of International Crimes after the ICC Statute
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15 Can the Security Council Extend the ICC’s Jurisdiction?
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Published:July 2002
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Extract
. Introduction
Through the establishment of the ICTY and the ICTR, the Security Council gave a new dimension to the exercise of its powers for the maintenance of international peace and security, by becoming active in the field of the prosecution of international crimes. In this perspective, the Rome Statute takes over from the Security Council’s pioneering action and consolidates the progress accomplished in the field of international criminal law. But it also provides for a new instrument at the Security Council’s disposal for the fulfilment of its primary responsibility under the UN Charter. By establishing a permanent international criminal court, providing for the basic rules that govern its functioning and defining its jurisdiction, and then by allowing the Security Council to ‘trigger’ the proceedings before the Court, the Rome Statute encourages and considerably simplifies this UN organ’s action. In the future, the prosecution of international crimes could be initiated immediately, without the need to establish new tribunals and to define their constitutive elements. In other words, in 1998, the States participating in the Rome Conference seemed to make a ‘gift’ to the Security Council for the accomplishment of its duties under the Charter.
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