Wednesday, September 6, 2017

Rome Statutes of the ICC - Articles 9 -through 12

Article 9 Elements of Crimes

Elements of Crimes shall assist the Court in the interpretation and application of articles 6,7 and 8.  They shall be adopted by a two-thirds majority of the members of the Assemblies of States Parties.

Amendments to the Elements of Crimes may be proposed by:
 - Any State Party
 - The judges acting by an absolute majority
 - The Prosecutor
Such amendments shall be adopted by a to-thirds majority of the members of the Assembly of States Parties.

The Elements of Crimes and amendments thereto shall be consistent with this Statute.


Article 10 

Nothing in this Part shall be interpreted as limiting or prejudicing in any way existing or developing rules of international law for purposes other than this Statute.


Article 11 Jurisdiction ratione temporis

The Court has jurisdiction only with respect to crimes committed after the entry of force of this Statute.

If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.


Article 12  Preconditions to the exercise of jurisdiction

A State which becomes a Party ti this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.

In the case of article 13, paragraph (a) or (c),  the Court may exercise its jurisdiction of the Court in accordance with paragraph 3:
 - The State on the territory of which the conduct in question occurred or, if the crime was committed on board  vessel or aircraft, the State of registration of that vessel or aircraft;
 - The State of which the person accused of the crime is a national.

If the acceptance of a State which is not a Party to this Statute is required under paragraph 2,  that State may, by declaration lodged with the Registrar,  accept the exercise of jurisdiction by the Court with respect to the crime in question.  The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.

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