The exclusion of transnational crimes from the jurisdiction of the International Criminal Court: a travaux préparatoires study
type: CreativeWork
description: Whereas much ink has been spilled over the four “core” crimes under the jurisdiction of the International Criminal Court, the exclusion of other crimes of international concern has never been researched in-depth and comprehensively. The contribution of offences like piracy, terrorism, and drug trafficking to the establishment of a permanent international criminal institution has been regularly underestimated. By addressing the above issues, this project intends to make an original contribution to the history of international criminal law and justice. However, the study of the International Criminal Court’s legislative history is more of a means to an end rather than an end in itself. First and foremost, it constitutes an interdisciplinary approach to the doctrinal foundations of international criminalisation and a critical appraisal of the fragmentary vision of international criminal law. The first two chapters construct the project’s theoretical framework by delving into the notions of “international crime”, “transnational crime”, and their correlates. The introduction to the unsettled meaning and content of these central concepts, as well as to the inconsistency of the used terminology, validates the relevance and significance of a travaux préparatoires study as a methodological tool. The integration of elements of adjacent disciplines, such as criminology and international relations, underpins the value of a study of the practice and stance of States, international organisations, and civil society as a means for a better understanding of the notion of international crime. The following four chapters, which divide this treatise into distinct chronological periods of progression of international criminal law and justice, scrutinise a large number of primary sources. They comprehensively bring to the foreground the place of the so-called transnational crimes in the formation process of the International Criminal Court and illuminate the dynamic evolution of the conc…
abstract: Whereas much ink has been spilled over the four “core” crimes under the jurisdiction of the International Criminal Court, the exclusion of other crimes of international concern has never been researched in-depth and comprehensively. The contribution of offences like piracy, terrorism, and drug trafficking to the establishment of a permanent international criminal institution has been regularly underestimated. By addressing the above issues, this project intends to make an original contribution to the history of international criminal law and justice. However, the study of the International Criminal Court’s legislative history is more of a means to an end rather than an end in itself. First and foremost, it constitutes an interdisciplinary approach to the doctrinal foundations of international criminalisation and a critical appraisal of the fragmentary vision of international criminal law. The first two chapters construct the project’s theoretical framework by delving into the notions of “international crime”, “transnational crime”, and their correlates. The introduction to the unsettled meaning and content of these central concepts, as well as to the inconsistency of the used terminology, validates the relevance and significance of a travaux préparatoires study as a methodological tool. The integration of elements of adjacent disciplines, such as criminology and international relations, underpins the value of a study of the practice and stance of States, international organisations, and civil society as a means for a better understanding of the notion of international crime. The following four chapters, which divide this treatise into distinct chronological periods of progression of international criminal law and justice, scrutinise a large number of primary sources. They comprehensively bring to the foreground the place of the so-called transnational crimes in the formation process of the International Criminal Court and illuminate the dynamic evolution of the conc…
author: Fiskatoris, T.
date published: 2021
date modified: 2026-07-24T03:04:07Z
provider: Middlesex University
publisher: Networked Digital Library of Theses and Dissertations
type: WebPage
source organization: Middlesex University