In fact, tese grounds were part of the grounds of appeal against the decision The Prosecutor v Dusco Tadic (Jurisdiction of the Tribunal)1, 2 Goalia and Romalia are signatory to the Charter of the United Nations 3, 4 5 and Hague Conventions 6 In this regard, i will be instructive to discuss certain legal provisions that may be applicable to the respective States under consideration. Tis Court was established as a permanent institution and empowered to have jurisdiction over the persons charged with having committed the most serious international concern.
Ad it should not be repugnant national criminal jurisdictions as provided for in Article 1 of the Statute. Te Court shall have its seat at the Hague, ad it can sit at other places if considered desirable in specific circumstances. Aticle 5 (1) of the ICC empowers the Court to try the following crimes. Cimes against humanity, 3 War Crimes and 4. Cime of aggression. Aticle 5(2) empowers the ICC to determine the conditions of crime as provided for in Articles 121 and 123 which should be applicable provisions of the Charter of the United Nations.
Aticle 6 defines genocide in various terms. I must be any of the acts aimed to destroy a national, rcial or religious group in whole or part as follows; 1) Killing members of the group; 2) Causing serious bodily or mental injury to the members of the group; 3) Purposely creating conditions for the group so as make them suffer physical destruction in whole or part; 4) placing restrictions so as to prevent births within the group. ;and (5) children one group to another by force.
Aticle 11 provides that the crimes committed after the coming into force of this Statute alone can be tried under this Statute. I respect of a particular State, te crimes committed only after the State in question endorsing the Statute unless that State has made a declaration under article 12, pragraph 3 which states that if the State is not a signatory to the ICC statute as required under para 2 of this article, i can declare to the Registrar accepting of the to try the crime in question.
Te State giving acceptance must cooperate with the Court with no delay. Aticle 12 and 13; Aticle 12 (1) confirms that whichever state endorses the ICC statute is deemed to accept jurisdiction of the ICC in. ..
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