An Examination of the Implication of the Jurisdiction of International Criminal Court Over Non-State Parties

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My research work will focus on the examination of the difficulties that poses to the International Criminal Court (ICC) in its work of exercising Jurisdiction over nationals of non-state parties.The Article 13 of Rome statute, the United Nations Chapter VII powers and article 103 confers legal jurisdiction on the ICC to prosecute persons who commits any of the subject matter crime stated in Article 5 of the statute even if they are from non-member states.Various arguments have been advanced that challenges and poses difficulties for the exercise of the given jurisdiction over non-member states especially from the interpretation of Article 12 (2) (a) (3), and 98 of Rome Statute , which some academics argues, makes it illegal for ICC to exercise jurisdiction over nationals of non member states as written and interpreted.Also, the Article 16 provision of the Rome Statute granting deferral powers to the Security Council has been viewed as undue interference in the administration of justice and poses a problem of turning the court into a political tool.Arguments on the withdrawal of Diplomatic and head of state customary law immunity, as enshrined in Article 27 provision of the Rome Statute has been presented by authorities, also the interpretation of the Vienna convention on the law of treaties, with reference to article 34-36 and 38 of no treaty obligation if a state is not party to a treaty, unless the treaty is binding or has assumed the status of customary international law poses more difficulties to the ICC in the exercise of its jurisdiction over non-member states.The above stated and other difficulty that poses to the ICC in its work will be examined, with examples of Security Council referrals to the court on Al Bashir of Sudan, Saif al Islam Gadafi and General Senussi of Libya respectively.Academic journals, books, literatures and writings of authorities in this field will be consulted to research this work. Conclusion will be drawn from the findings.