Redrawing the Line? Serious Crimes of Concern to the International Community Beyond the Rome Statute

Resource type
Author/contributor
Title
Redrawing the Line? Serious Crimes of Concern to the International Community Beyond the Rome Statute
Abstract
International criminal law, like all areas of law, must continue to evolve to reflect contemporary realities. This article demonstrates that the current subject matter jurisdiction of the International Criminal Court under the Rome Statute is very much an artefact of history, and it argues that the historical and reactive line that the statute draws between "core" international crimes and other serious international or transnational crimes is inadequate. In order to ensure that international criminal law continues to evolve in a reasoned and principled manner, states need to better articulate the criteria by which conduct is included within the category of "the most serious crimes of concern to the international community as a whole." Using a primarily inductive approach, the article considers a number of such criteria that have been considered over the years. It concludes that, when assessed in the context of their systematic and organized perpetration, many other serious international and transnational crimes raise some of the same concerns that underpin the current core international crimes, suggesting that it may be time for the international community to consider redrawing the line.
Genre
SSRN Scholarly Paper
Archive ID
2705099
Place
Rochester, NY
Date
2014
Accessed
9/7/23, 7:38 PM
Short Title
Redrawing the Line?
Language
en
Library Catalog
Social Science Research Network
Citation
Wharton, S. (2014). Redrawing the Line? Serious Crimes of Concern to the International Community Beyond the Rome Statute (SSRN Scholarly Paper 2705099). https://papers.ssrn.com/abstract=2705099
Author / Editor