TY - JOUR
T1 - The need to amend Article 12 of the ICC Statute
T2 - Remedying the effects of multilateral treaties upon third parties
AU - Bantekas, Ilias
PY - 2009
Y1 - 2009
N2 - The rule in the ICC Statute whereby a third party national may be validly surrendered to the jurisdiction of the Court by a member state offends a most fundamental rule of international law, which is moreover of a customary nature. In addition, it causes more conflicts as compared to its purported benefits, given that it constitutes a major stumbling block for the United States and has upset the U.N.'s peacekeeping missions. The rule should therefore be abandoned in order to alleviate these concerns.
AB - The rule in the ICC Statute whereby a third party national may be validly surrendered to the jurisdiction of the Court by a member state offends a most fundamental rule of international law, which is moreover of a customary nature. In addition, it causes more conflicts as compared to its purported benefits, given that it constitutes a major stumbling block for the United States and has upset the U.N.'s peacekeeping missions. The rule should therefore be abandoned in order to alleviate these concerns.
UR - http://www.scopus.com/inward/record.url?scp=70449825462&partnerID=8YFLogxK
U2 - 10.1525/nclr.2009.12.4.485
DO - 10.1525/nclr.2009.12.4.485
M3 - Article
AN - SCOPUS:70449825462
SN - 1933-4192
VL - 12
SP - 485
EP - 497
JO - New Criminal Law Review
JF - New Criminal Law Review
IS - 4
ER -