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Crimes Within The Limited Jurisdiction Of The International Criminal Court

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Chapter Summary

This chapter provides selective commentary with respect to crimes within the jurisdiction of the International Criminal Court (ICC) under the Rome Statute adopted by the UN Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court on July 17, 1998. It is clear that the international crimes expressly within the jurisdiction of the permanent International Criminal Court are presently quite limited. The fact that the new ICC has limited jurisdictional competence over treaty-based and customary international crimes means that nation-states retain a primary competence and responsibility to initiate prosecution of or to extradite those reasonably accused of other international crime, unless one of the ad hoc tribunals for the Former Yugoslavia or for Rwanda, or some new regional international criminal tribunal has primary jurisdiction. With the functioning of the permanent ICC, it is likely that national and regional prosecutorial efforts will also intensify.

Keywords: former Yugoslavia; international crimes; International Criminal Court (ICC); jurisdiction; Rome statute; Rwanda; UN diplomatic conference of Plenipotentiaries; war crimes



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