Sur la juridiction de la cour pénale internationale à l'égard des crimes commis par des ressortissants d'un état tiers et ou sur son territoire

Abstract EN

Established on conventional basis that respecting the relative effect of treaties, the international criminal court exercise however its jurisdiction with respect to a crime having a personal or territorial link with the state not party to the Rome statute.

in this regard, the international criminal court exercise its jurisdiction regarding a crime provided with in article 6, 7, 8, of the Rome statute when committed by state party’s nationals on the territory of state not party, or by a state not party’s nationals on the territory of state party.

moreover, the court exercises its jurisdiction at any moment that a situation, concerning a crime referred to in article 5, is referred by the security council and no matter that the personal or territorial link with state party exists.

nevertheless, the exercise of the jurisdiction in question is restricted not only by the statutory requirements such as those concerning the complementary principle, but also by the abused practices taken, and would taken, by states non-parties hostile to the court.

furthermore, a more extreme exception has been established with regard to the crime of aggression.

that is the completely exclusion from the ICC jurisdiction, activated in accordance with the article 13 (a) (c), of the crime of aggression when committed by states not party’s nationals or on its territory.