States Parties To The Rome Statute of The International Criminal Court - Acceptance of Jurisdiction

Acceptance of Jurisdiction

Pursuant to article 12(3) of the Rome Statute of the International Criminal Court, a state that is not a party to the Statute may, "by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question." The state that does so is not a State Party to the Statute, but the Statute is in force for the state as if it had ratified the Statute, only on an ad hoc basis. However, a state that lodges an article 12(3) declaration cannot refer a situation to the Court. This means that the Prosecutor can only open an official investigation after a State Party or the United Nations Security Council refer the situation to the Court. Alternatively, the Prosecutor can open an investigation after a Pre-Trial Chamber gives its consent to do so, but only after it is presented with preliminary evidence.

To date, the Court has only made public two article 12(3) declarations.

State Date of acceptance Start of jurisdiction
Côte d'Ivoire 2003-10-01 !1 October 2003 2002-09-19 !19 September 2002
Palestine 2009-01-21 !22 January 2009 2002-07-01 !1 July 2002

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