The Territorial Jurisdiction of the International Criminal Court: Certain Contested Issues

Abstract

This dissertation is focused on the analysis of article 12(2)(a) of the Rome

Statute of the International Criminal Court. It explores the possibility of

application by the Court of subjective and objective territoriality, as well as

the effects doctrine and ubiquity. It also examines the jurisdiction of the Court under article 12(2)(a) in situations of military occupation. The thesis sets out to explore to what lengths may teleological interpretation expand the territorial jurisdiction of the International Criminal Court. In this context, questions such as the proper interpretation of non-intervention and the non-application of the principle of legality in questions of jurisdiction are also tackled.