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Jurisdiction, Admissibility, Applicable Law

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Chapter Summary

The International Criminal Court (ICC) exercises its jurisdiction over individuals, and significantly not over states. Jurisdiction applies only to crimes committed after the Rome Statute came into effect, but its territorial reach extends to states that are not parties to the Statute, provided that either the national state of the accused or the state on whose territory the crime was committed is a party to the Statute. Jurisdiction is "triggered" either by a state party, the Security Council, or the Prosecutor, the Court must then decide on the "admissibility" of the case. The primary law of the Court is the Rome Statute, the Elements of Crime, and the Rules of Procedure and Evidence, which were finalized after the Statute. If a conflict exists between them, the Statute has priority. Articles 22-33 of the Rome Statute, enumerate fundamental principles of the main criminal justice systems.

Keywords: admissibility; criminal justice systems; Elements of Crime; International Criminal Court (ICC); jurisdiction; Rome Statute



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