ICC Jurisdiction over Nationals of Non-State Parties
Judge Chang-ho CHUNG, Judge of the International Criminal Court
Notes & Changes
Please register using the link above if you would like to join this event, either in person or online. If you specify that you will join online, you will be sent a Teams link prior to the seminar before the event. Please note that if you do not register before 5:30pm on Wednesday 6 November 2024, you may not receive a link.
Lunch will be available in the Wharton Room from 12:15 PM, and the talk will begin in the Old Library at 12:45 PM. We look forward to your participation in what promises to be an insightful event.
Abstract
As the Rome Statute of the International Criminal Court is the treaty that established the Court, the Rome Statute as a treaty is binding upon State Parties of the Court and the Rome Statute does not create either obligations or rights for Non-State Parties without Non-State Parties’ acceptances of the Court's jurisdiction.
However, the Court has exercised jurisdiction over Non-State Parties and/or nationals of Non-State Parties in seven situations without the acceptances of Non-State Parties. These seven situations can be categorised as Article 13(b) approach situations and Article 12(2)(a) approach situations.
Article 13(b) approach is allowing the Court to exercise its jurisdiction over Non-State Parties by the referral of the United Nations Security Council acting under Chapter VII of the Charter of the United Nations. This approach includes Sudan situation and Libya situation.
Article 12(2)(a) approach is allowing the Court to exercise its jurisdiction over nationals irrespective of the nationality, including nationals of Non-State Parties, if the requirements of Article 12(2)(a) are met. This approach includes Bangladesh (Myanmar) situation, Afghanistan (US) situation, Palestine (Israel) situation, Georgia (Russia) situation, and Ukraine (Russia) situation.
During the Oxford PIL Discussion, I would like to introduce the legal issues addressed in these seven situations, in particular the issue of whether the Rome Statute can be applied in the cases arising out of these situations.
Speaker's bio
Chang-ho CHUNG from The Republic of Korea is a Judge of the International Criminal Court serving in the Trial Division from 2015. At the ICC, he was the Presiding Judge of the Trial Chamber II, Chairperson of the Advisory Committee on Legal Texts, and Sponsor of the Judicial Workflow Platform.
Prior to the ICC, Judge CHUNG served as a UN International Judge in the Extraordinary Chambers in the Courts of Cambodia from 2011. At the ECCC, he was a member of both the Rules and Procedure Committee and the Judicial Administration Committee. Prior to the ECCC, Judge CHUNG served in several positions as a Judge in The Republic of Korea from 1993.
Judge CHUNG holds a B.A. in Law and an LL.M. in International Law from Seoul National University. He has also been a Research Scholar at the London School of Economics and Political Science (2001), as well as at the University of Hong Kong (2005).
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The Public International Law (PIL) Discussion Group at the University of Oxford is a key focal point for PIL at Oxford and hosts a weekly speaker event. Topics involve contemporary and challenging issues in international law. Speakers include distinguished international law practitioners, academics, and legal advisers from around the world.
The Discussion Group's meetings are part of the programme of the British Branch of the International Law Association and are supported by the Law Faculty and Oxford University Press.
The speaker will commence at 12:45pm UK time and speak for about forty minutes, allowing about twenty-five minutes for questions and discussion. The meeting should conclude before 2:00 pm UK time.
Practitioners, academics, and students from within and outside the University of Oxford are all welcome.
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