‘AmendedMost Serious Crimes’: A New Category of Core Crimes within the Jurisdiction but out of the Reach of the International Criminal Court?

Abstract

Article 121(5) Rome Statute provides for a specific regime for amendments to Articles 5–8 of the Statute. Its final clause precludes the exercise of the jurisdiction of the International Criminal Court over a crime covered by an amendment when committed by a national or on the territory of a state party which has not accepted the amendment. This provision has been understood as derogating from the Statute's general rules on jurisdiction. The present article argues that a stringent reading of the clause as well as a systematic and teleological approach warrant an alternative interpretation in conformity with the jurisdictional system of the Statute.

Discover Crimes against Humanity as Gross Violations of Human Rights: International and Indonesia Perspectives

“…26 Syahmin, A.K., (1985. Pengantar Hukum Humaniter Internasional Bagian Umum, Penerbit Armico, Bandung, p. 45.27Coracini, A.R. (2008).…”