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Max Planck Encyclopedia of Public International Law [MPEPIL]

International Criminal Courts and Tribunals, Complementarity and Jurisdiction

Philippa Webb, Morten Bergsmo

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 20 March 2023

Jurisdiction — International organizations, practice and procedure — Jurisdiction of states, universality principle — Jurisdiction of states, protective principle — Complementarity — Armed conflict, international — Genocide — International criminal courts and tribunals, composition

Published under the auspices of the Max Planck Institute for Comparative Public Law and International Law under the direction of Professor Anne Peters (2021–) and Professor Rüdiger Wolfrum (2004–2020). 

1 In order for international criminal jurisdictions to achieve even their most basic objectives of prosecuting and adjudicating core international crimes effectively (Crimes against Humanity; Genocide; War Crimes), they must have jurisdiction over the appropriate situations (Criminal Jurisdiction of States under International Law; International Criminal Jurisdiction, Protective Principle; Jurisdiction of States). Two substantial challenges arise in this context. The first one is finding a balance between the principle of State sovereignty and the need to punish...
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