I valet och kvalet – statssuveränitet eller internationell rättvisa? Internationella brottmålsdomstolens territoriella jurisdiktion över gränsöverskridande brott

Detta är en Kandidat-uppsats från Lunds universitet/Juridiska institutionen; Lunds universitet/Juridiska fakulteten

Sammanfattning: In a globalized world, the ICC faces difficult challenges in fulfilling its mission not to leave the most serious crimes of concern to the international community unpunished. States not parties to the Rome Statute have stated that the Court infringes on their sovereignty. Particularly the Court’s actions regarding the deportation of Uyghurs to the Chinese region of Xinjiang and the deportation of the Rohingya people from Myanmar to Bangladesh have raised concerns over the reach of the Court’s jurisdiction. This bachelor’s thesis aims to answer the question of how the ICC weighs the interest of state sovereignty against the interest of not leaving international crimes unpunished when determining the Court’s jurisdiction over crimes with cross-boundary elements. To answer the research question a legal dogmatic method has been used. Relevant legal sources, such as the Rome Statute and international customary law, has been examined. Concerning cross-boundary crimes, the Court’s decision in the Bangladesh/Myanmar-situation and the prosecutor’s decision in the Xinjiang-situation have been analyzed. The work of legal scholars has been used throughout the analysis. The results show that state sovereignty and international justice both are of great importance in international criminal law. Further, the results demonstrate that state sovereignty weighs far less than the interest of international justice in the Court’s decision in the Bangladesh/Myanmar-situation. The prosecutor’s decision in the Xinjiang-situation was found difficult to interpret but seemed to have more political than legal characteristics. The research implies that the Court is taking a difficult path when it tries to be both the policeman of the world and a political player. In the end, it will uphold neither state sovereignty nor international justice.

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