Overview
Provides balanced considerations of prosecution interests with other core values of the international community
Presents comprehensive analysis of extraterritorial prosecution duties in IHRL and IHL instruments
Offers holistic analysis of rights and duties imposed on international forces to surrender alleged offenders
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Table of contents (7 chapters)
Keywords
About this book
The book covers, on the one hand, the law and practice of the UN Security Council with regard to mandating international forces to arrest and transfer alleged offenders to the ICC or to other international courts. On the other, it addresses to what extent international forces may or must hand alleged offenders over to the ICC, regardless of such mandates. More precisely, the book examines whether the duties to prosecute genocide, torture, enforced disappearance, grave breaches and other war crimes apply extraterritorially and – if so – whether international forces can discharge these duties by transferring suspects to the ICC.
At the same time, the book addresses the limitations to such extraterritorial action: firstly, to what extent the prohibition of the use of force and the principle of territorial sovereignty restrict extraterritorial deprivations of liberty and transfer to the ICC. Secondly, it explores the restrictions and permissions that the law of occupation and other norms of international humanitarian law impose on such apprehensions and transfers. Finally, it discusses how international forces can uphold the right to liberty and security as well as the principle of non-refoulement when they extraterritorially apprehend ICC suspects. This also reflects the book’s relevance with regard to the more general debate on the extraterritorial application of human rights.
Authors and Affiliations
About the author
Bibliographic Information
Book Title: Extraterritorial Apprehensions for the International Criminal Court
Book Subtitle: The Duties of Peacekeepers, Occupants and other International Forces
Authors: Jan Altgelt
DOI: https://doi.org/10.1007/978-3-031-45896-5
Publisher: Springer Cham
eBook Packages: Law and Criminology, Law and Criminology (R0)
Copyright Information: The Editor(s) (if applicable) and The Author(s), under exclusive license to Springer Nature Switzerland AG 2024
Hardcover ISBN: 978-3-031-45895-8Published: 09 February 2024
Softcover ISBN: 978-3-031-45898-9Due: 23 February 2025
eBook ISBN: 978-3-031-45896-5Published: 08 February 2024
Edition Number: 1
Number of Pages: XV, 250
Topics: International Criminal Law , International Humanitarian Law, Law of Armed Conflict, Military and Defence Studies