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117 - 2008 Jurisdiction Scenarios

Published online by Cambridge University Press:  05 June 2014

Stefan Barriga
Affiliation:
United Nations, New York
Claus Kreß
Affiliation:
Universität zu Köln
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Summary

Jurisdiction scenarios regarding article 121 (5), second sentence

In order to facilitate the discussion regarding 121, paragraph 5, second sentence, the table below attempts to illustrate the scenarios under which the Court would have jurisdiction over the crime of aggression (CoA), triggered by a State Party referral or by the Prosecutorproprio motu (article 13 (a) and (c) of the Rome Statute).

Furthermore, the table does not refer to the possibility for any non-State Party to accept jurisdiction over the crime of aggression ad hoc in accordance with article 12, paragraph 3, of the Rome Statute. In this context, the question could be raised whether this possibility is also open to States Parties that have not accepted the amendment on aggression, given the fact that article 12, paragraph 3, only refers to non-States Parties.

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Publisher: Cambridge University Press
Print publication year: 2011

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