Skip to main content Accessibility help
×
Home
Hostname: page-component-558cb97cc8-vrcgq Total loading time: 0.488 Render date: 2022-10-06T13:45:14.582Z Has data issue: true Feature Flags: { "shouldUseShareProductTool": true, "shouldUseHypothesis": true, "isUnsiloEnabled": true, "useRatesEcommerce": false, "displayNetworkTab": true, "displayNetworkMapGraph": true, "useSa": true } hasContentIssue true

4 - Triggering the Jurisdiction

Published online by Cambridge University Press:  09 June 2020

William A. Schabas
Affiliation:
Middlesex University, London
Get access

Summary

Before investigations may begin, the jurisdiction of the Court with respect to a ‘situation’ must be triggered in one of three ways: a resolution of the United Nations Security Council, referral by a State Party and decision of the Pre-Trial Chamber authorizing the Prosecutor to proceed proprio motu. When the Security Council or a State Party refers a situation, the Prosecutor conducts a preliminary examination before deciding to proceed with an investigation. Should the Prosecutor decline to investigate, the Security Council or the State Party may apply for judicial review of the decision by the Pre-Trial Chamber. Special rules apply for triggering of jurisdiction over the crime of genocide by a State Party or by the Prosecutor. Pursuant to Article 16, the Security Council may temporarily block prosecution of a situation.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×