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M. Vagias, ‘The Territorial Jurisdiction of the ICC for Core Crimes Committed Through the Internet’, Journal of Conflict and Security Law, Volume 21, Issue 3, Winter 2016, Pages 523–540, https://doi.org/10.1093/jcsl/krw021
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This article discusses the question of the territorial jurisdiction of the International Criminal Court over international crimes committed through the Internet. It argues that the Court may assert its territorial jurisdiction over such conduct consistently with international law and the Rome Statute, by localising the cyber-commission of a core crime in whole or in part within the territory of States Parties. However, to mitigate state complaints of jurisdictional overreach, it further argues that the Court could avoid the outright endorsement of extensive versions of territorial jurisdiction. Instead, it should pursue first a detailed analysis of core crimes, followed by a well-versed application of territoriality. In closing, the article discusses the application of this approach in the example of online incitement to commit genocide.
