The Jurisdiction of the International Criminal Court over Nationals of States Not Party to the 1998 Rome Statute

Abstract

The idea behind establishing international criminal courts is to ensure that perpetrators of serious international crimes are prosecuted and do not escape punishment. The establishment of the International Criminal Court (ICC) in 1998 marked a major turning point in contemporary international law. As a permanent court, it was established by an international treaty reflecting the will of its parties to accept its jurisdiction and join its Statute. This contrasts with earlier tribunals, which were characterized by their limited geographical and temporal jurisdiction and were established either by the will of victorious powers in wars where they tried the forcibly defeated, as in the cases of the Nuremberg and Tokyo tribunals after World War II, or by resolutions issued by the UN Security Council, as in the cases of the former Yugoslavia and Rwanda during the 1990s.

Although the ICC was established by an international treaty, meaning its jurisdiction is primarily limited to states party to the treaty, there are specific exceptions to this rule that allow the court's jurisdiction to extend to nationals of non-state parties. This is what we will discuss in this research by examining the effectiveness of the court in enforcing its jurisdiction over nationals of non-state parties when its Statute permits it.