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Thank you, that was quite informative. Russia is not a member of the ICC either, does that pose a jurisdiction issue?
by rebuilder 4y ago
Thank you, that was quite informative.
Russia is not a member of the ICC either, does that pose a jurisdiction issue?
- dragonwriter 4y ago> Russia is not a member of the ICC either, does that pose a jurisdiction issue? At least one of these four things must apply for the ICC to have jurisdiction (excluding for aggression, which is more limited): (1) The accused party must be a national of a state party, (2) the alleged offense must have occurred on the territory of a state party, (3) exactly as either (1) or (2), but with “a state which has filed a declaration accepting jurisdiction as to its nationals or territory, as applicable” [in practice, this will presumably always be territory] in place of “a state party”. (4) the matter was referred to the court by the UNSC. Because Ukraine, while not a state party, has filed an open-ended declaration accepting ICC jurisdiction for offenses on its territory, such offenses, no matter the nationality of the accused, are subject to ICC jurisdiction.