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Published online by Cambridge University Press: 09 June 2020
The Court may only prosecute crimes committed subsequent to entry into force of the Statute. It may prosecute crimes perpetrated on the territory of a State Party as well as crimes commited elsewhere but by nationals of a State Party. It may also exercise jurisdiction with respect to a non-party State that formulates a declaration pursuant to Article 12(3), and several States have done this. The Court may also prosecute any situation that is referred by the United Nations Security Council, regardless of the place where the crime is committed or the nationality of the accused. Four crimes fall within the subject-matter jurisdiction of the Court: genocide, crimes against humanity, war crimes and the crime of aggression. Lengthy definitions in the Statute are supplemented by further provisions in the Elements of Crimes. The Court may also prosecute a limited number of offences that concern the administration of justice, such as tampering with witnesses.
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