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Part II The Relationship to Domestic Jurisdictions, 7 Jurisdiction

Rod Rastan

From: The Law and Practice of the International Criminal Court

Edited By: Carsten Stahn

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

Jurisdiction — War crimes — Elements of crimes — Specific treaties — Jurisdiction of states, extra-territorial

The jurisdictional regime of the ICC frames the entire process within which the proceedings are conducted. It determines the statutory scope of the Court’s competence, and also identifies the nexus between specific alleged acts and a situation that has been referred by a State Party or the Security Council or which has been authorized by the Pre-Trial Chamber, thus shaping the competence of the ICC to exercise its jurisdiction in a particular case. This chapter examines jurisdictional issues arising from each of the four facets of the Court’s jurisdiction, namely, subject matter, and personal, territorial, and temporal jurisdiction. It argues that jurisdiction may raise its head in many and multiple guises, in ways not dissimilar to those treated variously in other areas of public international law and domestic criminal law.

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