Abstract
Abstract This article responds to the position adopted by the icc’s Office of the Prosecutor in 2020, that criminal conduct which takes place in the Exclusive Economic Zone (eez, Zone) is in principle outside the territory of coastal states, and is not encompassed under Article 12(2)(a) of the Rome Statute. Having considered the genesis and function of the Zone, and reviewed the law of the sea jurisprudence, the article identifies a tension between the Prosecutor’s goal of reconciling ‘human realities’ and territorial jurisdiction in general terms, and the manner by which the Office has approached the specific question of territory and jurisdiction with regards the Zone. The article proposes that while coastal state jurisdiction over Rome Statute crimes in the Zone was not enumerated in the UN Convention on the Law of the Sea, the exercise of such jurisdiction is not incompatible with the object and purpose of the treaty.
Published Version
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