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Rome Treaty, ICC jurisdiction, compulsory jurisdiction, war crimes


This article questions the validity under international law of the provisions of the Treaty for an International Criminal Court (ICC) that purport to give the ICC jurisdiction over nationals of states that are not parties to the Treaty. The article examines two facially plausible theories for the validity of ICC jurisdiction over non-party nationals: that the ICC may exercise universal jurisdiction delegated to it by states parties, and that the ICC may exercise territorial jurisdiction delegated to it by states parties. Each of those theories is found to be flawed. The article then questions whether there is in fact any basis for ICC jurisdiction over non-party nationals that is valid under international law.

Library of Congress Subject Headings

Treaty Establishing the European Economic Community (1957), War crimes, International Criminal Court, Jurisdiction (International law)