Difference between revisions of "International Criminal Court"

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The Court's jurisdiction is also limited in regards to the time frame of the crimes committed, as it does not have retroactive jurisdiction over crimes committed before the Rome Statute went into effect on July 1, 2002. Furthermore, if a State joins the ICC after July 1, 2002, the ICC only has jurisdiction after the statute entered into force in that State.  Such a State may, however, agree to accept the jurisdiction of the Court for the period before the Statute's entry into force in its country, though not before July 1, 2002.  
 
The Court's jurisdiction is also limited in regards to the time frame of the crimes committed, as it does not have retroactive jurisdiction over crimes committed before the Rome Statute went into effect on July 1, 2002. Furthermore, if a State joins the ICC after July 1, 2002, the ICC only has jurisdiction after the statute entered into force in that State.  Such a State may, however, agree to accept the jurisdiction of the Court for the period before the Statute's entry into force in its country, though not before July 1, 2002.  
  
===Complementarily ===
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===Complementarity ===
  
 
The ICC was created as a court of last resort, and as such, the Court will not necessarily act on a case even when it has jurisdiction. The principle of "complementarity," as described in the Rome Statute, provides that certain cases will be inadmissible to the Court. Article 17 of the Statute describes that a case is inadmissible if:  
 
The ICC was created as a court of last resort, and as such, the Court will not necessarily act on a case even when it has jurisdiction. The principle of "complementarity," as described in the Rome Statute, provides that certain cases will be inadmissible to the Court. Article 17 of the Statute describes that a case is inadmissible if:  
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* (b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;
 
* (b) The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person concerned, unless the decision resulted from the unwillingness or inability of the State genuinely to prosecute;
 
* (c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;
 
* (c) The person concerned has already been tried for conduct which is the subject of the complaint, and a trial by the Court is not permitted under article 20, paragraph 3;
*( d) The case is not of sufficient gravity to justify further action by the Court."  
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*(d) The case is not of sufficient gravity to justify further action by the Court."  
  
 
Article 20, paragraph 3, specifies that, if a person has already been tried by another court, the ICC cannot try them again for the same conduct unless the proceedings in the other court:
 
Article 20, paragraph 3, specifies that, if a person has already been tried by another court, the ICC cannot try them again for the same conduct unless the proceedings in the other court:

Revision as of 10:55, 2 August 2010