About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

49 Vand. J. Transnat'l L. 443 (2016)
The ICC, Pre-Existing Jurisdictional Treaty Regimes, and the limits of the Nemo Dat Quod Non Habet Doctrine - A Reply to Michael Newton

handle is hein.journals/vantl49 and id is 459 raw text is: Response: The ICC, Pre-Existing Jurisdictional Treaty Regimes, and the Limits of the Nemo Dat Quod Non Habet Doctrine-A Reply to Michael Newton Carsten Stahn* TABLE OF CONTENTS I. INTRODU CTION .............................................................. 443 A. Universalist v. Delegation-Based Foundations of ICC Jurisdiction ........................ 446 B. Limits of the Nemo Dat Quo Non H abet D octrine .................................................... 448 1. Limits of the Symmetry Requirem ent ........................................... 448 2. The Distinction Between Prescriptive Jurisdiction and Enforcement Jurisdiction ...................... 450 C. Situational Differences ....................................... 452 I. INTRODUCTION It is a pleasure and a privilege to provide a few reflections on Michael Newton's thought-provoking essay on How the ICC Threatens Treaty Norms. His article marks an important piece of scholarship. It reflects significant concerns about the reach and function of the International Criminal Court (ICC) that merit further attention and explanation in ICC practice. Newton makes a provocative argument. He argues that the ICC might undermine sovereign law enforcement efforts and exceed its powers if it exercises jurisdiction over American forces in Afghanistan or Israeli offenses in the West Bank or the Gaza Strip. This argument is not entirely new. It is part of a broader strand of critique that has been voiced against * Professor of International Criminal Law and Global Justice, Leiden University. I wish to thank Dr. Rod Rastan and Joseph Powderly for their valuable insights and comments on this essay.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most