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Situation in Darfur, Sudan, Abd-Al-Rahman (Ali Muhammad Ali) (on the application of Victims) v Prosecutor, Decision on the Defence 'Exception d’incompétence' (ICC-02/05-01/20-302), Case No ICC-02/05-01/20, ICC-02/05-01/20-391, ICL 2106 (ICC 2021), 17th May 2021, International Criminal Court [ICC]; Pre Trial Chamber II [ICC]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 31 May 2023

Whether the word ‘situation’ in Article 13 of the Rome Statute of the International Criminal Court (‘Rome Statute’) could be interpreted as to encompass only a part of the territory of a state.

Whether the United Nations Security Council (‘UNSC’) could withdraw the referral of a situation to the International Criminal Court (‘ICC’ or ‘Court’) pursuant to Article 13(b) of the Rome Statute.

Whether the exercise of jurisdiction by the ICC in a situation referred to the Court by the UNSC under Article 13(b) of the Rome Statute and located in the territory of a non-state party to the Rome Statute, concerning crimes committed by nationals of a non-state party, was conditioned to a finding that the charged acts were considered criminal and punishable at the time of their commission independently of the Rome Statute, either by the domestic law of the state which would ordinarily have jurisdiction, or by conventional or customary international law applicable to this state.

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