Volume I, s.3 Jurisdiction, 11 Jurisdiction Ratione Materiae, Ch.11.3 War Crimes
Edited By: Professor Antonio Cassese, Professor Paola Gaeta, Mr John R.W.D. Jones
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...