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Volume I, s.3 Jurisdiction, 16 Preconditions to the Exercise of Jurisdiction

Hans-Peter Kaul

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: 23 February 2024

Jurisdiction — Customary international law — Travaux préparatoires — Erga omnes obligations — Opinio juris — Sovereignty — Jurisdiction of states, universality principle — Jurisdiction of states, nationality principle — Individual criminal responsibility
Article 12—one of the cornerstone provisions of the Statute—regulates a set of fundamental issues: first, the question of how a State would accept the Court’s jurisdiction and the meaning of such acceptance with regard to the jurisdiction ratione materiae (subject-matter jurisdiction); second, the question of which States must accept the Court’s jurisdiction before it could act, thus determining the scope and outreach of the general or ‘regular’ jurisdiction of the Court (as distinct from the very different Security Council-triggered jurisdiction under Article...
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