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Part 2 Jurisdiction, Admissibility, and Applicable Law: Compétence, Recevabilité, Et Droit Applicable, Art.12 Preconditions to the exercise of jurisdiction/Conditions préalables à l’exercice de la compétence

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 13 June 2024

Elements of crimes — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 12 of the Rome Statute of the International Criminal Court. Article 12 was ‘[p]erhaps the most difficult compromise in the entire negotiations’. At the Rome Conference, there was a range of views on the ‘preconditions’ for jurisdiction, ranging from the narrow proposals of the United States restricting the Court's jurisdiction to nationals of States Parties, to a form of universal jurisdiction by which the Court would be able to prosecute any crime committed anywhere, providing that it could obtain custody over the offender. Article 12 establishes a general rule by which the Court may exercise jurisdiction over crimes committed on the territory of a State Party and, furthermore, over crimes committed by its nationals anywhere. The Court may also exercise jurisdiction if a non-party State has made a declaration pursuant to article 12(3).

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