Lecture Notes in Education Psychology and Public Media
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Lecture Notes in Education Psychology and Public Media
Vol. 23, 20 November 2023
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An Analysis of the Content of Article 12 of the Rome Statute and the Relationship Between Article 12 and Article 98
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Abstract
This article explores the dilemma for the International Criminal Court of its jurisdiction and cooperation with non-parties, combining normative and empirical analyses. The complementary jurisdiction under Article 12 of the Rome Statute plays a “carrot and stick” role, and the voluntary declaration mechanism of non-parties corresponds with the international law principles, while the vague wording of the text contributes to a certain degree of interpretation, suggesting the Court to adopt a flexible and cautious approach.From the provisional consensual nature between Article 12 and Article 98, the receiving state should be obliged to collaborate with the ICC under international customary law, but in practice, third parties often seek exemptions from the Security Council and conclude bilateral agreements to substantively limit the ICC’s jurisdictional cooperation in enforcement under Article 98. Behind the dilemma of jurisdiction and enforcement is the structural contradiction between the demand for “ending impunity” under the humanistic perspective and the respect for state sovereignty under the principle of complementarity. States shall define legal circumvention, while the ICC should improve the initiation mechanism rather than arbitrarily expanding jurisdictional interpretations.
Keywords
jurisdiction, international criminal court, non-parties, international criminal law
References
1. Keitner, Chimene. (2001) “Crafting the International Criminal Court: Trials and Tribulations in Article 98(2).” UCLA Journal of International Law and Foreign Affairs 6, no.1: 228.
2. Rome Statute of the International Criminal Court, July 17, 1998, 2187 UNT.S. 90.
3. Zimmermann, Andreas.(2013)”Palestine and the International Criminal Court Quo Vadis: Reach and Limits of Declarations under Article 12(3) Debate.” Journal of International Criminal Justice 11, no. 2: 318.
4. Reparation for Injuries Suffered in the Service of the United Nations, 1949 ICJ. 174, 179 (Advisory Opinion of April 11, 1949).
5. Stahn, Carsten.(2006) “Why Some Doors May Be Closed Already: Second Thoughts on a Case-by-Case Treatment of Article 12(3) Declarations.” Nordic Journal of International Law 75, no. 2: 244.
6. Freeland, Steven.(2006) “How Open Should the Door Be - Declarations by Non-States Parties under Article 12(3) of the Rome Statute of the International Criminal Court.” Nordic Journal of International Law 75, no. 2: 230.
7. Interhandel Case (Switzerland v. United States of America), ICJ, Interim Protection, 1CJ Reports 1957, p. 105.
8. Kim, Young Sok.(1999) “The Preconditions to the Exercise of the Jurisdiction of the International Criminal Court: With Focus on Article 12 of the Rome Statute Symposium Issue: The International Criminal Court.” Michigan State University, Detroit College of Law,Journal of International Law 8, no. 1: 80.
9. Prosecution’s Request for a Ruling on Jurisdiction under Article 19(3) of the Statute, No. ICC-RoC(3)-01/18-3, 7 May 2018.
10. William A. Schabas.(2016) The International Criminal Court: A Commentary on the Rome Statute. 2nd ed. Oxford, UK: Oxford University Press.
Data Availability
The datasets used and/or analyzed during the current study will be available from the authors upon reasonable request.
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- Volume Title
- Proceedings of the International Conference on Global Politics and Socio-Humanities
- ISBN (Print)
- 978-1-83558-125-4
- ISBN (Online)
- 978-1-83558-126-1
- Published Date
- 20 November 2023
- Series
- Lecture Notes in Education Psychology and Public Media
- ISSN (Print)
- 2753-7048
- ISSN (Online)
- 2753-7056
- DOI
- 10.54254/2753-7048/23/20230399
- Copyright
- 20 November 2023
- Open Access
- This article is an open access article distributed under the terms and conditions of the Creative Commons Attribution (CC BY) license, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited