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Part 2 Jurisdiction, Admissibility, and Applicable Law: Compétence, Recevabilité, Et Droit Applicable, Art.11 Jurisdiction ratione temporis/Compétence ratione temporis

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 11 of the Rome Statute of the International Criminal Court. Article 11 states that the Court only has jurisdiction over crimes committed since its entry into force, that is, since July 1, 2002. Article 11(1) is related to articles 22 and 24, both of which also contemplate the temporal application of the Statute. In particular article 24(1), which specifies that ‘No person shall be criminally responsible under this Statute for conduct prior to the entry into force of the Statute’, essentially restates the norm expressed in article 11(1), although from the standpoint of individual criminal responsibility rather than jurisdiction ratione temporis. In the case of States that become party to the Statute subsequent to July 1, 2002, the Court may only exercise jurisdiction with respect to crimes committed since the date of entry into force for that State.

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