Rome Statute
Part 2: Jurisdiction, Admissibility and Applicable Law

Article Art. 12
Preconditions to the exercise of jurisdiction

Mentioned in

Is Amending the Rome Statute the Panacea Against Perceived Selectivity and Impunity for the Crime of Aggression Committed Against Ukraine?

NYU School of Law / Just Security, March 21, 2023

“Amending the conditions for the ICC’s exercise of jurisdiction over the crime of aggression includes complex legal and sensitive political questions… Although desirable, this will not be achievable within a few months…or within one session of the Assembly of States Parties.”
 
Bibliographic info

The International Criminal Court and Ukraine

Parliament of Australia / FlagPost, March 8, 2022

“…Another key feature of international justice is that it prosecutes individuals, not states, therefore neither Russia nor Ukraine as states will ever find themselves in the dock in The Hague. A Russian or Ukrainian individual, including high ranking people, may however…”
 
Bibliographic info

1.

A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.

2.

In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a)

The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;

(b)

The State of which the person accused of the crime is a national.

3.

If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.

Source: Article 12 — Preconditions to the exercise of jurisdiction, https://www.­icc-cpi.­int/Publications/Rome-Statute.­pdf.

Last Updated

Aug. 30, 2023

Art. 12’s source at icc-cpi​.int