Chapter 18. Jurisdiction Ratione Personae or the personal reach of the courts jurisdiction

Abstract

The International Criminal Court (ICC) has jurisdiction to prosecute natural persons who have reached the age of eighteen years. Following the tradition of Nuremberg and Tokyo, the International Criminal Court has jurisdiction over nationals of State Parties who are accused of a crime within the Courts subject matter and temporal jurisdiction. This chapter discusses jurisdiction ratione personae and exemptions from or exceptions to that jurisdiction. ICC jurisdiction may be asserted in cases where the Security Council refers it to the prosecutor acting pursuant to Chapter VII of the United Nations Charter. A version of immunity is available through Rome Statute Article 16 and the Security Council. The United States has entered into bilateral agreements, based on ambiguities in Rome Statute Article 98, in an attempt to protect its nationals from being rendered to the ICC. Keywords: International Criminal Court ( ICC); jurisdiction ratione personae ; Nuremberg; Rome Statute; Security Council; United Nations Charter