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  • 6 - Universality as a Legal Basis for ICC Jurisdiction

  • Monique Cormier, University of New England, Australia
  • Book:
    The Jurisdiction of the International Criminal Court over Nationals of Non-States Parties
    Published online:
    06 August 2020
    Print publication:
    20 August 2020, pp 159-195

  • Summary

    Chapter 6 addresses an alternative theory to delegation of territorial jurisdiction and implied consent. It explores whether the principle of universality can provide a coherent legal basis for the ICC’s jurisdiction in various situations allowed by the Rome Statute. It takes two different approaches to the possibility that universality provides a foundation for the ICC’s authority over nationals of non-States Parties. First is the idea that States are delegating universal jurisdiction to the ICC, along with jurisdiction based on territoriality and nationality. The second approach is one that envisages universal jurisdiction as inherent to the international community and exercisable by the ICC as an agent of this community. Ultimately this chapter argues that the limitations of both the delegated and inherent universal jurisdiction theories mean that there is no advantage to conceiving of the legal basis for the ICC’s jurisdiction as predicated on universal jurisdiction.