The ICC and Nationals of Non-Party States
Hebrew University of Jerusalem International Law Forum Working Series 05-18
32 Pages Posted: 27 Dec 2018 Last revised: 10 Jan 2019
Date Written: December 2, 2018
This article examines three legal issues that may arise with respect to prosecution before the ICC of nationals of non-parties. One concerns the prohibition on retroactive criminalisation; another is the simultaneous applicability of different criminal codes; and a third is a potential violation of the rights of the non-party States. The article examines these questions by reference to situations presently under preliminary examination or investigation by the Office of the Prosecutor.
Keywords: International Criminal Court, Rome Statute, Non-States parties
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