Toggle Main Menu Toggle Search

Open Access padlockePrints

Forced Displacement, Prevention from Returning and the Jurisdiction of the International Criminal Court

Lookup NU author(s): Dr Elena Katselli

Downloads


Licence

This is the authors' accepted manuscript of an article that has been published in its final definitive form by Brill - Nijhoff, 2022.

For re-use rights please refer to the publisher's terms and conditions.


Abstract

This article argues that international criminal law has not adequately addressed the true dimensions and effects of forced displacement. Often protracted in time, forced displacement extends well beyond the conduct of coercively expelling individuals out of territory from which they are lawfully present. Preventing those forcibly displaced from returning is an essential element f forced displacement as a crime against humanity and as such, it requires the full reprehension of international criminal law. This means that the crime continues for as long as prevention from returning is sustained with significant ramifications on the temporal and territorial jurisdiction of the International Criminal Court. This is particularly so in relation to crimes elements of which are committed in the territory of a state not party to the Rome Statute, such as in the situation concerning the alleged deportation of the Rohingya before the ICC, and crimes which were initiated before the binding force of the Rome Statute. The article concludes that recognition of prevention from returning as a continuing element of forced displacement does not infringe state consent, nor does it compromise the principle of legality which are central to the exercise of ICC jurisdiction.


Publication metadata

Author(s): Katselli Proukaki E

Publication type: Article

Publication status: Published

Journal: Nordic Journal of International Law

Year: 2022

Volume: 91

Issue: 3

Pages: 355-389

Online publication date: 19/08/2022

Acceptance date: 21/02/2022

Date deposited: 24/02/2022

ISSN (print): 0902-7351

ISSN (electronic): 1571-8107

Publisher: Brill - Nijhoff

URL: https://doi.org/10.1163/15718107-91030001

DOI: 10.1163/15718107-91030001

ePrints DOI: 10.57711/4mwd-7d09


Altmetrics

Altmetrics provided by Altmetric


Share