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The International Criminal Court And Its Relationship To Non-Party States

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Chapter Summary

This chapter discusses the relationship between the International Criminal Court (ICC) and third States (i.e. non-parties to the Rome Statute). The ICC has to operate in an international environment that is not entirely conducive to its actions. This is not just because some States are, at best, ambivalent towards the Court, but also because of structural features of the international legal order. The ICC may exercise jurisdiction over crimes committed by nationals of nonparties when they commit crimes on the territories of States party to the Statute and (although this seems to have raised less ire) crimes committed on the territories of non-State parties by nationals of States parties. The best way for the ICC to obtain an effective form of universal jurisdiction is for the Rome Statute to achieve universal ratification, something which the Assembly of States Parties expressly accepted in 2006.

Keywords: International Criminal Court (ICC); Rome Statute; states parties; universal jurisdiction



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