Personal and Territorial Jurisdiction of the International Criminal Court

Source: (2000) Emory International Law Review. 14:1.

Johan van der Vyver notes that chapter two of the International Criminal Court Statute – dealing with “Jurisdiction, Admissibility and Applicable Lawâ€? – was the focus of some of the most profound controversies in the establishment of an International Criminal Court (ICC). While there are other matters of jurisdiction addressed in that statute, van der Vyver concentrates in this paper on issues pertaining to personal and territorial jurisdiction. He examines the meaning of personhood with respect to the ICC, as well as the attributes of an accused person before the ICC. In relation to these issues of personhood, he explores the attempts of the United States to prevent the prosecution of U.S. citizens in the ICC. Moreover, in relation to the ICC van der Vyver looks at the question of universal jurisdiction of states with respect to conduct that constitutes a crime under customary international law.