Öffentliches Recht
Refine
Has Fulltext
- no (85)
Year of publication
Document Type
- Article (47)
- Part of a Book (35)
- Monograph/Edited Volume (3)
Is part of the Bibliography
- yes (85)
Keywords
Institute
- Öffentliches Recht (85)
- Juristische Fakultät (1)
- MenschenRechtsZentrum (1)
The adoption, in Kampala in June 2010, of amendments to the Rome Statute on the crime of aggression was hailed as a historic milestone in the development of the international Criminal Court (ICC). However, the manner in which these amendments are supposed to enter into force runs the risk of undermining the rules of the international law of treaties, as well as the legality and acceptability of the Kampala compromise itself The author examines the relevant amendment procedures provided for in the ICC Statute and the compatibility with them of the amendment procedure chosen in Kampala and ultimately warns of the legal consequences which may follow from the Review Conference's somewhat-Alexandrian solution.
In 2009, 'Palestine' lodged a declaration recognizing the jurisdiction of the ICC under Article 12(3). However, in April 2012, the OTP determined that this declaration had not brought about the result, of providing for the ICC's jurisdiction, pending clarification from the political organs of the UN concerning the legal status of Palestine within the organization. On 29 November 2012, the General Assembly granted Palestine the status of a non-member observer state within the UN framework, thereby fulfilling the condition mentioned by the OTP in April 2012. It is against this background that the article considers the current legal effects of the 2009 Palestinian declaration. In particular, it addresses the issue of whether the declaration, when read in conjunction with the 29 November 2012 decision, possesses retroactive effect, i.e. whether it provides, as claimed, for the Court's temporal jurisdiction from 1 July 2002 onwards or rather starting only from 29 November 2012.
... the current status granted to Palestine by the United Nations General Assembly is that of 'observer', not as a 'Non-member State'. ... [T]his... informs the current legal status of Palestine for the interpretation and application of article 12 [Rome Statute]. ... The Office could in the future consider allegations of crimes committed in Palestine, should competent organs of the United Nations... resolve the legal issue relevant to an assessment of article 12. ... International Criminal Court, Office of the Prosecutor, 'Situation in Palestine', 3 April 2012
Article 60
(2012)
Article 53
(2012)
Article 35
(2012)
Continuity of states
(2012)
State sucession in treaties
(2012)
Article 22
(2011)
Article 33, para. 2
(2011)
Article 1 F
(2011)
Article 1 A, para. 2
(2011)