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Volume II, s.9 Application and Impact of the Rome Statute, 48 ICC Statute and Third States

Gennady M. Danilenko

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: 22 February 2024

Crimes against humanity — Genocide — War crimes — Nullum crimen sine lege — International courts and tribunals, procedure — Jurisdiction — Immunity from jurisdiction, ratione materiae
As an international treaty, the Rome Statute binds the Contracting States only. The sovereign equality of States excludes any automatic effect of treaties on third States which remain for them res inter alios acta. According to the general rule of international law, codified in Article 34 of the Vienna Convention on the Law of Treaties,1 ‘a treaty does not create either obligations or rights for a third state without its consent.’ The general rule pacta tertiis nec nocent nec prosunt is supported, as the International Law Commission has observed, by ‘almost...
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