Rule 44 of the icc Rules of Procedure and Evidence stipulates that non-state parties to the Rome Statute may accept the jurisdiction of the Court with respect to the crimes… Click to show full abstract
Rule 44 of the icc Rules of Procedure and Evidence stipulates that non-state parties to the Rome Statute may accept the jurisdiction of the Court with respect to the crimes referred to in Article 5 of relevance to the situation by lodging a declaration under Article 12(3) of the Statute. The ending phrase of this provision gives rise to the speculation that a non-member state has a power to accept the Court’s jurisdiction in a partial way, namely over a specific situation. To examine this feasibility, the present article will: (i) explain the functions of the Article 12(3) mechanism; (ii) discuss the possibility of making a situational acceptance; and (iii) contemplate the meaning of the concept of situation. This article suggests that a non-state party can exclusively accept the Court’s jurisdiction over a specific situation, and that is a concrete crisis within a territory. Keywords contextual element – crisis – ad hoc jurisdiction – acceptance – delegation
               
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