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The Legitimacy Of Withdrawing State Party Referrals And Ad Hoc Declarations Under The Statute Of The International Criminal Court

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Chapter Summary

The Rome Statute lacks the provision governing the area of the withdrawal of State party referrals or third States ad hoc declarations. The question of withdrawal of a State party referral has never been officially brought up before the International Criminal Court (ICC). This chapter explores the alternative options available to solve the issue of withdrawal of a State partys referral or a third States ad hoc declaration. It examines: (i) the development of the question of withdrawing a State partys referral; (ii) the development of the question of withdrawing a third States declaration; (iii) the legal basis for assessing the question of withdrawal; (iv) the possibility of withdrawing a State partys referral and a third States ad hoc declaration; and (v) the possibility of withdrawal on the basis of the legal effects of a State partys referral or a third States ad hoc declaration.

Keywords: ad hoc declarations; International Criminal Court (ICC); Rome Statute; state party referrals



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