A Concept without Consensus: Conceptualisation of the ‘Situation’ Notion in the Rome Statute

A Concept without Consensus: Conceptualisation of the ‘Situation’ Notion in the Rome Statute In response to quelling Libya’s popular uprising against the authoritarian rule of Gaddafi, the United Nations Security Council referred the situation in Libya to the International Criminal Court. Subsequently, the Office of the Prosecutor brought four cases against the most responsible seniors for attacking civilians protesting the Gaddafi regime in 2011. Later, the Prosecutor went behind the borders of the original situation by prosecuting Al-Werfalli, who was accused of crimes taking place in the summer 2017, when there was no repressive apparatus against Gaddafi’s opponents. This recent case may pose a jurisdictional challenge that leads to a conceptual question: what does the concept of a ‘situation’ mean? The Court’s jurisdiction limits the contours of a situation. The main constituent element of a situation is a concrete crisis that differentiates the situation from others. This contextual element will be discussed in this article. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Criminal Law Review Brill

A Concept without Consensus: Conceptualisation of the ‘Situation’ Notion in the Rome Statute

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Publisher
Brill
Copyright
Copyright © Koninklijke Brill NV, Leiden, The Netherlands
ISSN
1567-536X
eISSN
1571-8123
D.O.I.
10.1163/15718123-01804006
Publisher site
See Article on Publisher Site

Abstract

In response to quelling Libya’s popular uprising against the authoritarian rule of Gaddafi, the United Nations Security Council referred the situation in Libya to the International Criminal Court. Subsequently, the Office of the Prosecutor brought four cases against the most responsible seniors for attacking civilians protesting the Gaddafi regime in 2011. Later, the Prosecutor went behind the borders of the original situation by prosecuting Al-Werfalli, who was accused of crimes taking place in the summer 2017, when there was no repressive apparatus against Gaddafi’s opponents. This recent case may pose a jurisdictional challenge that leads to a conceptual question: what does the concept of a ‘situation’ mean? The Court’s jurisdiction limits the contours of a situation. The main constituent element of a situation is a concrete crisis that differentiates the situation from others. This contextual element will be discussed in this article.

Journal

International Criminal Law ReviewBrill

Published: Nov 10, 2018

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