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2000

Series

Duke Law

Jurisdiction (International law)

Articles 1 - 2 of 2

Full-Text Articles in Law

The Jurisdiction Of The International Criminal Court Over Nationals Of Non-Party States, Madeline Morris Jan 2000

The Jurisdiction Of The International Criminal Court Over Nationals Of Non-Party States, Madeline Morris

Faculty Scholarship

This article questions the validity under international law of the provisions of the Treaty for an International Criminal Court (ICC) that purport to give the ICC jurisdiction over nationals of states that are not parties to the Treaty. The article examines two facially plausible theories for the validity of ICC jurisdiction over non-party nationals: that the ICC may exercise universal jurisdiction delegated to it by states parties, and that the ICC may exercise territorial jurisdiction delegated to it by states parties. Each of those theories is found to be flawed. The article then questions whether there is in fact any …


Customary International Law And Private Rights Of Action, Curtis A. Bradley Jan 2000

Customary International Law And Private Rights Of Action, Curtis A. Bradley

Faculty Scholarship

No abstract provided.