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Unpacking the Complexities of International Criminal Tribunal Jurisdiction

28 Pages Posted: 5 Apr 2010 Last revised: 20 Aug 2012

Leila N. Sadat

Washington University in St. Louis - School of Law

Date Written: March 31, 2010

Abstract

This essay discusses the many overlapping and important aspects of the jurisdiction of international criminal courts and tribunals, and particularly their constitutional function in the international legal order. It canvasses the jurisdictional provisions of 8 current and former war crimes tribunals and the permanent International Criminal Court to distill the fundamental jurisdictional provisions of each one as to temporal, geographic, subject matter and personal jurisdiction. The principles of complementarity and primacy are also discussed and evaluated as principles of international criminal law policy and practice.

Keywords: International criminal law, jurisdiction, war crimes, crimes against humanity, ICTY, ICTR, international criminal court, special tribunal for Lebanon, complementarity, primacy, universal jurisdiction

Suggested Citation

Sadat, Leila N., Unpacking the Complexities of International Criminal Tribunal Jurisdiction (March 31, 2010). ROUTLEDGE HANDBOOK OF INTERNATIONAL CRIMINAL LAW, William Schabas and Nadia Bernaz, eds., 2010; Washington University in St. Louis Legal Studies Research Paper Series No. 10-03-13. Available at SSRN: https://ssrn.com/abstract=1583105

Leila N. Sadat (Contact Author)

Washington University in St. Louis - School of Law ( email )

Campus Box 1120
St. Louis, MO 63130
United States
314-935-6411 (Phone)
314-935-5356 (Fax)

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