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Part 2 Jurisdiction, Admissibility, and Applicable Law: Compétence, Recevabilité, Et Droit Applicable, Art.19 Challenges to the jurisdiction of the Court or the admissibility of a case/Contestation de la compétence de la Cour ou de la recevabilité d’une affaire

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: 20 January 2021

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

This chapter comments on Article 19 of the Rome Statute of the International Criminal Court. The purpose of Article 19 ‘is to determine whether the case brought by the Prosecutor is inadmissible because of a jurisdictional conflict. Unless there is such a conflict, the case is admissible’. The provision ‘regulates the context within which challenges to jurisdiction and admissibility may be raised by a party having an interest in the matter’. In contrast with article 18 of the Statute, where admissibility of a ‘situation’ is contemplated, article 19 only applies once a ‘case’ has been identified.

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