An Analysis of the Content of Article 12 of the Rome Statute and the Relationship Between Article 12 and Article 98

Abstract

This article explores the dilemma for the International Criminal Court of its jurisdiction and cooperation with non-parties, combining normative and empirical analyses. The complementary jurisdiction under Article 12 of the Rome Statute plays a carrot and stick role, and the voluntary declaration mechanism of non-parties corresponds with the international law principles, while the vague wording of the text contributes to a certain degree of interpretation, suggesting the Court to adopt a flexible and cautious approach.From the provisional consensual nature between Article 12 and Article 98, the receiving state should be obliged to collaborate with the ICC under international customary law, but in practice, third parties often seek exemptions from the Security Council and conclude bilateral agreements to substantively limit the ICCs jurisdictional cooperation in enforcement under Article 98. Behind the dilemma of jurisdiction and enforcement is the structural contradiction between the demand for ending impunity under the humanistic perspective and the respect for state sovereignty under the principle of complementarity. States shall define legal circumvention, while the ICC should improve the initiation mechanism rather than arbitrarily expanding jurisdictional interpretations.