International Criminal Court and Peacekeeping Operations

Authors

  • Jeannette Irigoin Barrenne Magíster Estudios Internacionales, Universidad de Chile Doctorado en Derecho Internacional © Universidad Complutense de Madrid. Profesora Titular Derecho Internacional, Universidad de Chile Academia Nacional de Estudios Políticos y Estratégicos, Ministerio de Defensa

Abstract

The United Peace Operations have had a great development in the last years and they have been specially noticeable since the fall of the walls in Europe, the dismemberment of the Soviet Union, the Balkan conflict and other conflicts in Africa and in other regions of the world. When entering into force the Rome Statute that establishes the International Criminal Court (ICC), a legitimate question to ask is if eventually, in the case of the commission of crimes belonging to the competence of the ICC, the ICC would have jurisdiction to put to trial and to process the members of the UN Peace Operations, or if, as it has always been, it is going to prevail the Principle of Complementarity and the territorial jurisdiction criterion. This is the analysis that is presented in this article that studies the lights and shadows we can discover in the way in which the jurisdiction of the ICC was established and how we can see that the notion of territorial jurisdiction that had been somehow eroded, strongly recovers its position in the study of the international jurisdiction.

Keywords:

International Criminal Court, Rome statute, territorial sovereignty