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Part 13 Final Clauses: Clauses Finales, Art.127 Withdrawal/Retrait

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: 26 January 2021

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

This chapter comments on Article 127 of the Rome Statute of the International Criminal Court. Article 127 addresses the withdrawal of a State Party from this Statute. A State may withdraw from the Rome Statute by providing a written notification to the depositary, the Secretary-General of the United Nations. The withdrawal takes effect one year after receipt of the notification by the Secretary-General, unless a later date is specified. There have been no notifications of withdrawal from the Rome Statute. The Statute does not indicate whether a notice of withdrawal can itself be withdrawn, thereby returning the State to ordinary status as a Party. Withdrawal does not affect the continuation of the Statute with respect to other States Parties, even if the number of them falls below the threshold of sixty.

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