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The Rome Statute of the International Criminal Court: Exceptions to the Jurisdiction

Authors: H. Arsanjani* Mahnoush;

The Rome Statute of the International Criminal Court: Exceptions to the Jurisdiction

Abstract

Moulding texts sufficiently ambiguous to allow for their application to unforeseen scenarios and diverse interpretations is a useful and sometimes an indispensable negotiating skill. It is particularly useful when drafting major constitutional documents or at crucial stages of negotiations where the gaps in the views of the parties with respect to specific issues threaten to become an obstacle to reaching an agreement. The legislative history of the Statute, beginning with its first draft by the International Law Commission, reveals the ambiguity versus clarity competition. The Commission viewed the Statute as, first and foremost, a multilateral treaty. The International Law Commission's approach also displeased the States. One of the most controversial provisions of the Statute, which was negotiated to the last day, is Article 12 on the precondition to jurisdiction. Article 12 sets a broad jurisdiction for the Court in accordance with which the Court may exercise jurisdiction.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
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