The Triggering Procedure of the International Criminal Court


The Rome Statute, unlike the statutes of the International Criminal Tribunals for the former Yugoslavia and for Rwanda, creates a permanent court whose dormant jurisdiction covers the territory and includes the nationals of States Parties and is universal in cases where the Security Council makes a referral. Besides, unlike the “ad hoc” tribunals, which have jurisdiction over specific crisis situations whose personal, territorial and temporal parameters have been defined in their respective statutes by the UN Security Council, in the case of the ICC it is not possible to determine a priori in which situations the ICC will be involved. As a result, the most relevant activity of the Court is the determination of those situations regarding which the dormant jurisdiction of the Court will be triggered. The book The Triggering Procedure of the International Criminal Court constitutes the first comprehensive analysis of the proceedings that, prior to any criminal investigation, aim to make such a fundamental determination.

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Héctor Olásolo, Ph.D. in Law, Associate Legal Officer in Chambers at the ICC, Lecturer in the Ph.D. Program at Salamanca University, Former Legal Advisor of the Spanish Delegation to the Preparatory Commission of the ICC.
' The first review is really no more than a notice: In a previous issue of this Review had looked at Olásolo's Spanish doctoral dissertation and expressed the hope that there would be an English translation soon. Sometimes wishes do come true, and Martinus Nijhoff have now published a revised and updated version in English, to which all the comments from the last review apply in equal measure. This book will have a great impact in the coming jurisprudence of the ICC on the triggering mechanism under its Statute.'
Michael Bohlander, International Criminal Law Review, 2006.
' Professors of International Criminal and Humanitarian Law courses would benefit from this reader, as well as librarians hoping to close this gap in the legal analysis of this international court's powers and relationships with both member and non-member States via the UN Security Council reference procedure.'
American Society of International Law Newsletter, 2006.
' The present book merits to be recommended as a tool for interpretation to both academicians and practitioners in the field of International Criminal Law.'
From the Introduction by Joaquín Martín Canivell.
Table of Abbreviations,
Foreword by Judge Sylvia Steiner,
Introduction by Judge Joaquín Martín Canivell,
Chapter One: First Approach to the Rome Statute,
Chapter Two: The Triggering Procedure: Object, Parties and Proceedings,
Chapter Three: Material Prerequisites for the Triggering of the Dormant Jurisdiction of the International Criminal Court over a Situation, Epilogue by Prof. George P. Fletcher, Epilogue by Prof. John A.E. Vervaele, Notes, Suggested Bibliography, Index.