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Competence—Jurisdiction—Admissibility

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Chapter Summary

The subjects of the jurisdiction of the Court are individuals, every individual, irrespective of capacity or position, who commits a crime within the jurisdiction of the Court. In relation to jurisdiction, the Pre-Trial Chamber's decision is, as pointed out in the separate and dissenting opinion, contradictory to the duty imposed upon states to bring to justice everyone committing crimes within the jurisdiction of the Court, and if they fail or omit to do so, the Court can assume jurisdiction in the matter. As a rule, criminal responsibility is associated with or linked to the capacity of the perpetrator to understand the nature of his/her act, especially the difference between right and wrong. The history of crimes against humanity can again be traced back to the allied declaration of 1915.

Keywords:admissibility; competence; jurisdiction; Pre-Trial Chamber

10.1163/ej.9789004186132.i-344.21
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