Jurisdiction Over War Crimes

Abstract

The article deals with jurisdiction over war crimes. It quotes cases in domestic and international courts, as well as at the Statute of the International Criminal Court (ICC). The notion of the statute of limitations and the principle of universal jurisdiction are also exposed to examples. Especially as far as the jurisdiction of the International Court of Justice is concerned. State responsibility and individual responsibility for war crimes will be presented in relation to the universal jurisdiction. The ICTY and the ICTR case law will be shown in relation to the definition of the war crimes and violation of the ICL (International Customary Law). The introduction of three new war crimes by the Resolution ICC-ASP/16/Res.4, adopted at the 12th plenary meeting, on 14 December 2017, by consensus, as amendments to article 8 of the Rome Statute of the International Criminal Court, will be presented with the explanation.