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The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international
community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following
crimes:
e. + How
f. + notice
- Cases that fall under jurisdiction of ICC that is, most heinous/ serious crimes concerned to ICC as a whole
1) Genocide
- See Genocide section
against civilian
3) War Crimes
- Any initiation, planning, preparation or execution of acts resorting to the illegal use of armed forces
threatening the sovereignty, territorial integrity or political independence of another State
- Crime that are alleged to be committed after July 1 2002 fall under ICC
- On the 1st day of the month following the 60th day of deposit
Jurisdiction
of the ICC
1.a Crime is ✓
committed in territory
of State party (SP)
1b. Crime is ✓
committed in territory
of SP (not ratifying
State) but accepted
the
jurisdiction of ICC
2a. If the person who ✓
committed the crime
is
a citizen of the SP
2b. If the person who ✘
committed the crime
is
NOT a citizen of the
SP
>(2b)If the person
who ✘✘✘✘✘
committed the crime
is
NOT a citizen of the
SP and
>does not recognized
the juri of ICC
>crime is committed
in
the territory non-SP
- Citizen of SP
3) Victim: when it initiates, the case goes to Pretrial Chamber to assess WoN the alleged crime is
cognizable by the ICC
Q: If a State is not party, is there no way for it to be brought in the ICC? also not citizen of the SP
- NOTE: UN Security Council - responsible for promotion of advancement and preservation of peace
- Acts that threaten peace and security of breaches of Peace or Acts of Aggression
- Not needed that he is citizen of SP
f. (6) Aside from 4W’s, NOTICE is very important to be issued to the State Party & the alleged
perpetrator.
Complementarity
Law
o Principle of Complementarity
- National Courts: Nat’l Laws
ICC: Court of Last Resort
1) Prosecution stage at SP
3) There is trial on accused/ perpetrator XPT if there is showing that the conducted hearing was:
a. Trial is perfunctorily conducted - Just to show that the conduct of trial was complied with to save
ICC can send its members in other State for proper administration of justice