Rome Statute
Part 2: Jurisdiction, Admissibility and Applicable Law

Article Art. 5
Crimes within the jurisdiction of the Court

Mentioned in

Is Amending the Rome Statute the Panacea Against Perceived Selectivity and Impunity for the Crime of Aggression Committed Against Ukraine?

NYU School of Law / Just Security, March 21, 2023

“Amending the conditions for the ICC’s exercise of jurisdiction over the crime of aggression includes complex legal and sensitive political questions… Although desirable, this will not be achievable within a few months…or within one session of the Assembly of States Parties.”
 
Bibliographic info

The International Criminal Court and Ukraine

Parliament of Australia / FlagPost, March 8, 2022

“…Another key feature of international justice is that it prosecutes individuals, not states, therefore neither Russia nor Ukraine as states will ever find themselves in the dock in The Hague. A Russian or Ukrainian individual, including high ranking people, may however…”
 
Bibliographic info

The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the following crimes:

(a)

The crime of genocide;

(b)

Crimes against humanity;

(c)

War crimes;

(d)

The crime of aggression.

Note:

Paragraph 2 of article 5 (“The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with articles 121 and 123 defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime. Such a provision shall be consistent with the relevant provisions of the Charter of the United Nations.”) was deleted in accordance with RC/Res.6, annex I, of 11 June 2010.

Source: Article 5 — Crimes within the jurisdiction of the Court, https://www.­icc-cpi.­int/Publications/Rome-Statute.­pdf.

Last Updated

Aug. 30, 2023

Art. 5’s source at icc-cpi​.int