Summary: | Although more than half of the States in the world are parties to
the Rome Statute of the International Criminal Court, more
than eighty have yet to ratify. The article considers the relationship
of the Court with these non-party States. It examines the
exercise of jurisdiction over their nationals, arguing that international
law immunities continue in force despite the terms of
the Statute. Declarations of jurisdiction by non-party States are
also studied, including the declaration formulated by the Palestinian
Authority with respect to Gaza in January 2009. Nonparty
States may be asked to cooperate with the Court and, where
so ordered by the United Nations Security Council, they may be
required to do this.
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