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Volume I, s.3 Jurisdiction, 11 Jurisdiction Ratione Materiae, Ch.11.3 War Crimes

Michael Bothe

From: The Rome Statute of the International Criminal Court

Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 04 March 2024

Article 8 contains three paragraphs which each deal with different questions. Paragraph 1 deals with the jurisdiction of the ICC in relation to war crimes. Paragraph 2 defines war crimes. Paragraph 3 is a saving clause relating to certain elements of the definition of war crimes.While according to Article 5(1)(c), the ICC has jurisdiction in relation to ‘war crimes’ without any qualification, Article 8(1) suggests that that jurisdiction should be exercised, ‘in particular’, in relation to cases where those crimes are ‘committed as a part of a plan or policy or as...
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