The Territorial Jurisdiction of the International Criminal Court

There are many variables of territoriality available to national courts under contemporary international law. Does the same apply to the International Criminal Court? And if so, what are the limits to the teleological expansion of the Court's territorial jurisdiction as regards, for example, partial commission of a crime in State not Party territory, crimes committed over the internet or crimes committed in occupied territories? Michael Vagias's analysis of the law and procedure surrounding the territorial jurisdiction of the Court examines issues such as the application of localisation theories of territoriality and the means of interpretation for article 12(2)(a); the principle of legality (nullum crimen sine lege) and human rights law for the interpretation of jurisdictional provisions; compétence de la compétence; crimes committed over the internet; and the procedure for jurisdictional objections.

1. Introduction; 2. Definitions and state territorial jurisdiction; 3. The preparatory works of Article 12; 4. Instruments of interpretation of the Rome Statute and Article 12(2)(a); 5. 'The conduct in question'; 6. The effects doctrine; 7. Belligerent occupation; 8. Objections to the territorial jurisdiction of the Court; 9. Conclusions.

Michail Vagias is a lecturer at the Hague University of Applied Sciences and at Nyenrode New Business School, Amsterdam.