The Reach of ICC Jurisdiction Over Non-Signatory Nationals

15 Pages Posted: 7 Jun 2014

See all articles by Jordan J. Paust

Jordan J. Paust

University of Houston Law Center

Date Written: 2000

Abstract

This article addresses the possibility that United States nationals will be prosecuted before the International Criminal Court (ICC) despite the absence of U.S. ratification of the treaty. In particular, a state party to the Rome Statute or the Prosecutor may initiate a process whereby U.S. accused are prosecutable before the ICC if alleged conduct takes place within the territory of a party to the Rome Statute (which now are many). There is also attention to complimentarity and the possible effect of the NATO Status of Forces agreement on full ICC jurisdiction.

Keywords: crime against humanity, genocide, ICC, impunity, international crime, International Criminal, Court, jurisdiction, national, non-party. non-signatory, Nuremberg, proprio motu, Rome Statute, SOFA, territory, United States, universal, U.S. national, war crime

Suggested Citation

Paust, Jordan J., The Reach of ICC Jurisdiction Over Non-Signatory Nationals (2000). 33 Vanderbilt Journal of Transnational Law 1 (2000), U of Houston Law Center No. 2014-A-20, Available at SSRN: https://ssrn.com/abstract=2446632

Jordan J. Paust (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

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