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Title: The impact of the International Criminal Court's establishment on the further and future development of the crimes within its jurisdiction
Author: Loizou, Demetra
ISNI:       0000 0004 6422 1005
Awarding Body: SOAS University of London
Current Institution: SOAS, University of London
Date of Award: 2016
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This thesis explored how the establishment of the ICC has had an impact on the development of the crimes within its jurisdiction as well as how it may have a bearing on their further and future development. Development referred to any law-making, whether codification, progressive or even retrogressive development, which may take place on the scope of the crimes as a result of the Court's creation. Research focused on the Rome Statute's negotiating history, first Review Conference and the Court's early jurisprudence. The work undertaken was necessarily forward-looking, largely determined by ongoing events.1 The ICC's law-making potential not fixed. It is influenced by events, decisions and omissions, some which are often external to and completely beyond the Court's control. While certain developments could have been anticipated by examining the Rome Statute's negotiating history, others could not have been foreseen before the Court became operational. Nevertheless, these developments, both anticipated and unanticipated, can impact the crimes' development. The ICC 'in action' will continue to 'make' law. It will do so in manners which have yet to arise. Significantly, this thesis ascertained how the ICC's law-making potential is unique and particular to the Court. This quality stems from the ICC's negotiating history and its outcome and it relates both to the crimes' definitions and the wider legal framework established by the Rome Statute. The Court's quality as the first permanent international criminal tribunal with a non-situation specific mandate forms an indispensable part of its evolving law-making potential. As the Court becomes involved in more situations its law-making potential will become more dependent on its work in practice. Owing to the Rome Statute's quality as a law-making treaty, the backdrop for assessing developments under customary international law, are the ICC crimes' definitions.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral