Dr. Redaounia Rabah Achraf

Abstract

This article examines the legal framework governing the exercise of jurisdiction by the International Criminal Court (ICC) under the Rome Statute. It explains that the Court has jurisdiction over the most serious international crimes: genocide, war crimes, crimes against humanity, and the crime of aggression. The study highlights the principle of complementarity, under which the ICC acts only when national judicial systems are unwilling or unable to genuinely investigate or prosecute such crimes. It also outlines the legal bases for jurisdiction, including referrals by States Parties, investigations initiated by the Prosecutor proprio motu, and referrals by the United Nations Security Council under Chapter VII. The article further analyzes the preconditions for exercising jurisdiction, including territorial, personal, and temporal jurisdiction, as well as the procedural requirements established by the Rome Statute. Particular attention is given to the admissibility of cases, applicable law, and the legal elements required to establish crimes within the Court’s jurisdiction. The study also discusses the mechanisms for challenging the Court’s jurisdiction or the admissibility of a case. In addition, it examines key principles of international criminal responsibility, including individual criminal liability, the irrelevance of official capacity, grounds for excluding criminal responsibility, mistakes of fact and law, superior orders, and issues related to statutory limitations. The article concludes by emphasizing the importance of these legal safeguards in ensuring the effective and fair administration of international criminal justice.