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Part 13 Final Clauses: Clauses Finales, Art.124 Transitional provision/Disposition transitoire

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, 2021. All Rights Reserved.date: 17 January 2021

Subject(s):
Elements of crimes — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 124 of the Rome Statute of the International Criminal Court. Article 124 entitles a State, in becoming a party to the Statute, to declare that it does not accept the jurisdiction of the Court with respect to war crimes alleged to have been committed by its nationals or on its territory. Thus, if a State declares that it does not accept the Court's jurisdiction over war crimes, does this mean that its nationals cannot be prosecuted, even if the crime is committed on the territory of another State Party, as would ordinarily be the case? Does article 124 allow the creation of a privileged group of nationals who are insulated from prosecution by the Court for war crimes, wherever they are committed?

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