Universal jurisdiction and the International Criminal Court (ICC): A pragmatic and holistic approach to the consideration and application of universal jurisdiction by the ICC

Hashem Munim, Tanvir

Abstract

The article portrays the fact that the International Criminal Court (ICC) exercises universal jurisdiction albeit quasi in nature. The proactive interpretation of the Article 12 of the Rome Statute by the ICC, the spirit of the Rome Statute, the decisions of other international tribunals and the recognized doctrines of international law provide firm support for the ICC to exercise true universal jurisdiction. The article has taken a holistic approach towards the existing literatures relevant to the Universal Jurisdiction of ICC with a priority to case laws of ICC. Decisions of international criminal tribunals including the ICC have been critically considered to find the status of Universal Jurisdiction in International Criminal Law Jurisprudence. The decisions of ICC rendered at different stage in the situation in Bangladesh/Myanmar, Afghanistan and Palestine are discussed at length as they involve countries not party to the Rome Statute i.e. Myanmar, the US and Israel, and thus the issue of exercising Universal Jurisdiction appeared either obliquely or in disguise in these situations. The article is an attempt to add value to the present jurisdictional practice exercised by the ICC. It aims to
provide support to further the jurisdictional reach of the ICC so it can become a true international criminal court with true universal jurisdiction to truly align with the purpose of the Rome Statute – putting an end to impunity for the most serious crimes.

• Journal Article Type: Article
• Acceptance Date: Jun 1, 2022
• Online Publication Date: Dec 1, 2022
• Publication Date: Dec 1, 2022
• Deposit Date: Apr 22, 2025
• Publicly Available Date: Apr 23, 2025
• Journal: Journal of Rights and Justice
• Electronic ISSN: 2732-4265
• Publisher: Centre for Rights and Justice, Nottingham Trent University
• Peer Reviewed: Peer Reviewed
• Volume: 3
• Pages: 4-46
• Public URL: https://uwe-repository.worktribe.com/output/14319668
• Publisher URL: https://www.ntu.ac.uk/__data/assets/pdf_file/0034/1969702/JRJ-Volume-3-2022.pdf