The Active Personality Principle and Limitations of the International Criminal Court’s Jurisdiction
My PhD project, under the working title “The Active Personality Principle and Limitations of the International Criminal Court’s Jurisdiction" deals with the nexus between nationality, citizenship and international criminal law from the perspective of human rights and migration law. It seeks to answer the question whether the International Criminal Court (ICC) would retain jurisdiction over alleged perpetrators if they changed or lost their nationality, usually in cases after they have relocated and find themselves outside the territory of the country of their previous nationality. The high topicality of the project is highlighted by such cases in recent times in several European countries and current political discussions about the revocation of citizenship for members of terrorist groups. For instance, in early 2019, the German government considered the revocation of German nationality of IS fighters. The revocation of citizenship can lead to statelessness leaving individuals with the inability to migrate or move, including back to their country of origin. In this way, the project sheds light on a very specific – and so far entirely neglected – aspect of forced migration: what if the initial migration is voluntary, but the return to the country is made impossible? In this way, the project examines the case of “forced remainder”, a particularly understudied aspect of forced migration. The study also looks at the consequences for the host States (often less developed States such as Afghanistan, Syria or Iraq) and is relevant for the question what such “forced remainder” as counterpart to “forced migration” means for dependent individuals, e.g. the spouse or the children of the individual whose citizenship is revoked.
Supervisor: Prof. Dr. Sabine Swoboda und Prof. Dr. Pierre Thielbörger
About Özgen Özdemir
- International Criminal Law
- Criminal Law and Criminal Procedure Law
- International Humanitarian Law
- Public International Law and Human Rights Law
Born in 1992, I attended the Thomas Morus Gymnasium in Oelde from 2003 to 2012 and graduated with the Abitur. 2012 I started to study law at the University of Osnabrück and moved to the Ruhr University Bochum (RUB) in 2014, where I have completed 2018 the study of law successfully. Since mid-2018, I have beena PhD student at the chair of Prof. Dr. Sabine Swoboda for Criminal Law, Criminal Procedure Law and International Criminal Law. With Prof. Pierre Thielbörger M.PP. (Harvard) as my second Supervisor, I am strongly tied to the Institute for International Law of Peace and Armed Conflict (IFHV) at RUB. My PhD project deals with the the nexus between nationality and the jurisdiction of (international) criminal tribunals, within I‘m looking on the negative aspects of expatriation and forced migration of alleged perpetrators of core crimes like creating impunity. It seeks to answer the question whether the International Criminal Court (ICC) would retain jurisdiction over alleged perpetrators if they changed or lost their nationality, usually in cases after they have relocated and find themselves outside the territory of the country of their previous nationality.
|2013/14||ELSA Moot Court in Civil Law (medical malpractice law), University Osnabrück|
|10/2019-09:2020||SYLFF PhD Scholarship|
|Since 05/2019||The decentralized equal opportunities officer at the Law Faculty |
|Since 10/2018||Research assistant, Chair of Prof. Dr. Sabine Swoboda for Criminal |
Law, Criminal Procedure Law and International Criminal Law
|Since 06/2017||Research assistant, Law firm Bambor specialized in Criminal |
Law, Dortmund (Germany)
- 04/2019 „‘Nun sag’, wie hast Du’s mit der Gerechtigkeit?’ Zur Antwort des IStGH auf die Gretchenfrage, in Afghanistan Ermittlungen aufzunehmen”, with Prof. Pierre Thielbörger, Völkerrechtsblog, 28. April 2019, doi: 10.17176/20190429-094058-0
- 04/2019 „“Afghanistan“ als Risikofall“ with Prof. Pierre Thielbörger, Legal Tribunal Online (LTO), 18. April 2019.
- 03/2019 „Responsibility to punish: „Zur Verantwortung Deutschlands für deutsche IS-Kämpfer“, with Timeela Manandhar, Völkerrechtsblog, 22. März 2019, doi: 10.17176/20190322-104804-0.
- 03/2018 „Die tödliche Flucht“, Nomos Stud.iur 1/2018 with Shaira-Hena Osman and Matthias Weigmann
Recently, I am the equal opportunities officer of the law faculty of Ruhr University Bochum. In this position, i represent all those students and personnel of the faculty who are (potentially) subject to discrimination due to their gender, sexual orientation, migration background etc. In this function, my responsibilities comprise actively fighting discrimination, starting positive initiatives and being a role model for all those who do not feel represented by the majority. Sincei started my law studies at Ruhr University Bochum, i have been engaged in the Law and Global Challenges Studies Group of the law faculty. I have organized diverse panel discussions on topics of international relevance at the intersection of politics and law, and several cultural and educational excursions for students. Before my law studies and in my youth, i was active in diverse intercultural initiatives in my hometown. I participated in several intercultural trainings and mentoring for children of migrant families who had a hard time finding their place in a German small-town environment.