The jurisdiction of the International Criminal Court

Extraits

[...] The intent to eradicate a group within a geographical area will be characterised as genocide, according to the Krstic case tried by the International Criminal Tribunal for former Yugoslavia (ICTY). The intention to destroy a special part of a group, no matter any geographical criterion, is considered as genocide. The crime of genocide corresponds also to the crimes committed with intent to prevent the births into the group, not only the living members. Preventing births within the group (Art.6.d) intends to destroy the group in the future, to erase it totally. [...]

[...] What's more, those domestic courts has jurisdiction over offences with international elements: for example, torture or crimes against humanity. These crimes which are committed outside of the territory of the concerned state provide that the alleged offender is within the territory of the state, but this is only where a treaty authorises states to exercises such jurisdiction and this has been brought into effect internally. Actually, the casual international jurisdiction of domestic courts over this kind of crimes is the second limit of the ICC, as the judgement the ICC could give is more symbolic for the international community. [...]

[...] The ICC was created to fulfil the aim of punishing wrongful acts as regards to International Criminal Law, to make it efficient and to protect more those principles of human rights all around the world and in conflict periods. In its Preamble, the Statute reminds that this jurisdiction over the most serious crimes is set concern to the international community as a whole” and that the Court is complementary to national criminal jurisdictions. Here is shown the ambition of the States Parties and the UNO about the Court: creating a global criminal court for the worst crimes committed in the world, able to prosecute offenders and persons responsible for crimes against humanity. [...]

[...] This means also that the jurisdiction of the ICC is not universal, but territorial and personal in nature. The crimes The ICC is limited in its jurisdiction: only to the most serious crimes, named under Article 5 of the Statute. These crimes correspond to the crime of genocide (Art.6), crimes against humanity (Art.7), war crimes (Art.8) and the crime of aggression. Those crimes can be defined generally as crimes committed by a group of people, acting for a State or not, against some populations and their dignity, in a conflict or not. [...]

[...] According to the personal jurisdiction of the Court, a national of a state which is not a party to the Statute may be prosecuted where the crimes is committed in the territory of a state which is a party. Then Article 4.2 stipulates that the ICC has its powers (according to the Statute) on any State Party, but also the territory of any other state by special agreement. In the latest case the Statute foresaw any crime which could be committed on the territory of a non-party state or by some of its individuals but not acting under state's authority or orders. [...]