International Criminal Court Jurisdiction

International Criminal Court Jurisdiction

Introduction to International Criminal Court Jurisdiction

The Rome Statute gives the court jurisdiction over the most serious crimes of international concern if they are committed after July 1, 2002, either (1) by a citizen of a nation that accepts the statute, or (2) by a person of any nationality on the territory of a nation that accepts the statute. The latter type of jurisdiction means that citizens of nations that have not accepted the treaty may be arrested and tried for international crimes if their actions take place in the territory of a nation that adheres to the statute. Nations that are not parties to the statute may voluntarily accept the court’s jurisdiction on a case-by-case basis. Furthermore, the UN Security Council can grant the court jurisdiction for a specific situation even when the nation in which the crime occurred is not a party to the statute. In any criminal case, the ICC may only exercise its jurisdiction when a national court is unwilling or unable to carry out the investigation or prosecution. For example, the ICC might intervene when a government’s judicial system has collapsed or is actively shielding a person from criminal responsibility.

The court may hold accountable any person aged 18 or older at the time of the crime without regard to the individual’s official duties or functions. Therefore, heads of state, legislators, and other high-ranking government officials are not exempt from criminal responsibility. Crimes in the court’s jurisdiction are not subject to a statute of limitations, meaning there is no time limit on bringing charges.” (1)

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Notes and References

Guide to International Criminal Court Jurisdiction


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