The Jurisdiction of the Court

In one line

The Court has jurisdiction only over four crimes, only over conduct after the Statute entered into force, only where the territorial or the national State is a Party or has accepted jurisdiction, and only over natural persons who were eighteen or over, subject to a Security Council referral which overrides the territorial and national limits.

The four questions

An answer that takes them in this order can be checked as it goes.

To those must be added a fifth, which is not a question of jurisdiction but of its exercise: how is the Court's jurisdiction triggered, which is article 13.

One: subject matter

Article 5(1). The jurisdiction of the Court is limited to the most serious crimes of concern to the international community as a whole, and the Court has jurisdiction with respect to the crime of genocide; crimes against humanity; war crimes; and the crime of aggression.

Four crimes, and no others. There is no jurisdiction over terrorism, drug trafficking, piracy or any other offence, however grave, unless it falls within one of the four definitions. Each has its own chapter.

Two: time

Article 11(1). The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute, that is, after 1 July 2002.

Article 11(2). If a State becomes a Party after entry into force, the Court may exercise 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(3).

Article 24, non retroactivity as to persons. No person shall be criminally responsible under this Statute for conduct prior to the entry into force of the Statute. And, in a provision that belongs beside the chapter on ex post facto punishment in module III, in the event of a change in the law applicable to a given case prior to a final judgment, the law more favourable to the person being investigated, prosecuted or convicted shall apply.

Article 24(2) is the Statute's version of the rule in Rattan Lal v. State of Punjab, AIR 1965 SC 444, that an ex post facto law which only mollifies the rigour of the criminal law is outside the prohibition. Here it is not merely permitted but required.

Three: territory and nationality

Article 12(1). A State which becomes a Party thereby accepts the jurisdiction of the Court with respect to the crimes in article 5. There is no separate opt in.