The battles of Fallujah in Iraq: criminalization by the International Criminal Court

The Fallujah Battles were one of the world's worst humanitarian disasters, involving the murder and displacement of hundreds of thousands of people in the area of Fallujah City, Iraq.This article discusses the jurisdiction of the International Criminal Court (ICC) over war criminals of the Fall...

Full description

Bibliographic Details
Main Authors:	Rohaida Nordin, Tareq Hamid
Format:	Article
Language:	English
Published:	Institut Kajian Rantau Asia Barat 2011
Online Access:	http://journalarticle.ukm.my/3281/ http://journalarticle.ukm.my/3281/ http://journalarticle.ukm.my/3281/1/v3n2-2011-3.pdf

id	ukm-3281
recordtype	eprints
spelling	ukm-32812016-12-14T06:34:11Z http://journalarticle.ukm.my/3281/ The battles of Fallujah in Iraq: criminalization by the International Criminal Court Rohaida Nordin, Tareq Hamid, The Fallujah Battles were one of the world's worst humanitarian disasters, involving the murder and displacement of hundreds of thousands of people in the area of Fallujah City, Iraq.This article discusses the jurisdiction of the International Criminal Court (ICC) over war criminals of the Fallujah Battles. It first provides background discussion on the ICC, including the means and purposes of its establishment. It then discusses the jurisdiction of the ICC,including issues relating to temporal jurisdiction, personal jurisdiction and territorial jurisdiction, as well as the jurisdiction of the ICC over crimes committed by nationals of a non-State Party, specifically the United States which was one of the Coalition Forces involved in the Fallujah Battles, to the International Criminal Court Statute (Rome Statute). Finally, it analyses the possibility of nationals of a non-State Party being referred to the ICC by the Security Council (SC) and whether this is permissible under Article 13(b) of the Rome Statute. It will demonstrate that although the SC has the right to draw the attention of the ICC’s prosecutor towards the non-State Party, the referral would require a Security Council Resolution to be passed. If such attempt is made by the SC, the article contends that it will not succeed because the non-State Party (United States) which is a permanent member of the SC with veto power will vote against such resolution. Institut Kajian Rantau Asia Barat 2011 Article PeerReviewed application/pdf en http://journalarticle.ukm.my/3281/1/v3n2-2011-3.pdf Rohaida Nordin, and Tareq Hamid, (2011) The battles of Fallujah in Iraq: criminalization by the International Criminal Court. Jurnal Antarabangsa Kajian Asia Barat, 3 (2). pp. 41-57. ISSN 2229-8924 http://www.ukm.my/ijwas/
repository_type	Digital Repository
institution_category	Local University
institution	Universiti Kebangasaan Malaysia
building	UKM Institutional Repository
collection	Online Access
language	English
description	The Fallujah Battles were one of the world's worst humanitarian disasters, involving the murder and displacement of hundreds of thousands of people in the area of Fallujah City, Iraq.This article discusses the jurisdiction of the International Criminal Court (ICC) over war criminals of the Fallujah Battles. It first provides background discussion on the ICC, including the means and purposes of its establishment. It then discusses the jurisdiction of the ICC,including issues relating to temporal jurisdiction, personal jurisdiction and territorial jurisdiction, as well as the jurisdiction of the ICC over crimes committed by nationals of a non-State Party, specifically the United States which was one of the Coalition Forces involved in the Fallujah Battles, to the International Criminal Court Statute (Rome Statute). Finally, it analyses the possibility of nationals of a non-State Party being referred to the ICC by the Security Council (SC) and whether this is permissible under Article 13(b) of the Rome Statute. It will demonstrate that although the SC has the right to draw the attention of the ICC’s prosecutor towards the non-State Party, the referral would require a Security Council Resolution to be passed. If such attempt is made by the SC, the article contends that it will not succeed because the non-State Party (United States) which is a permanent member of the SC with veto power will vote against such resolution.
format	Article
author	Rohaida Nordin, Tareq Hamid,
spellingShingle	Rohaida Nordin, Tareq Hamid, The battles of Fallujah in Iraq: criminalization by the International Criminal Court
author_facet	Rohaida Nordin, Tareq Hamid,
author_sort	Rohaida Nordin,
title	The battles of Fallujah in Iraq: criminalization by the International Criminal Court
title_short	The battles of Fallujah in Iraq: criminalization by the International Criminal Court
title_full	The battles of Fallujah in Iraq: criminalization by the International Criminal Court
title_fullStr	The battles of Fallujah in Iraq: criminalization by the International Criminal Court
title_full_unstemmed	The battles of Fallujah in Iraq: criminalization by the International Criminal Court
title_sort	battles of fallujah in iraq: criminalization by the international criminal court
publisher	Institut Kajian Rantau Asia Barat
publishDate	2011
url	http://journalarticle.ukm.my/3281/ http://journalarticle.ukm.my/3281/ http://journalarticle.ukm.my/3281/1/v3n2-2011-3.pdf
first_indexed	2023-09-18T19:38:21Z
last_indexed	2023-09-18T19:38:21Z
_version_	1777405422939930624

The battles of Fallujah in Iraq: criminalization by the International Criminal Court

Similar Items