Declarations Art. 12(3)

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All States Parties to the Rome Statute accept the jurisdiction of the Court with respect to crimes referred to in article 5 of the Statute when committed on their territories or by their nationals. States which are not party to the Rome Statute may accept the Court’s jurisdiction on an ad hoc basis by lodging a declaration to that effect with the Registrar in accordance with article 12, paragraph 3 of the Statute.

Article 12, paragraph 3 declarations relate only to the scope of the Court’s jurisdiction and do not trigger an investigation. An investigation can only be opened following referral of a situation to the Prosecutor by a State Party to the Rome Statute, referral of a situation to the Prosecutor by the United Nations Security Council, or authorization by a Pre-Trial Chamber of three judges to the Prosecutor to open an investigation.

To date, three declarations have been lodged with the Registrar accepting the exercise of the jurisdiction of the Court pursuant to Article 12, paragraph 3 of the Rome Statute:

On 1 October 2003, Ivory Coast lodged, via a note verbale, a declaration dated 18 April 2003 accepting the exercise of the jurisdiction of the Court under Article 12, paragraph 3 with respect to alleged crimes committed from 19 September 2002. The Registrar, Mr. Bruno Cathala, acknowledged receipt of the declaration on 31 October 2003.
On 14 December 2010 by way of a letter addressed to the President and the Registrar of the International Criminal Court, Mr. Allassane Ouattara indicated that he confirmed the declaration accepting the exercise of jurisdiction by the Court lodged on 18 April 2003 (letters addressed to the President and the Registrar of the ICC). The Registrar, Ms. Silvana Arbia, acknowledged receipt of the declaration on 20 January 2011.

On 22 January 2009, the Palestinian National Authority lodged a declaration by hand recognizing the jurisdiction of the Court under article 12, paragraph 3 with respect to acts committed on the territory of Palestine since 1 July 2002. Due to the uncertainties within the international community as to the existence or non-existence of a State of Palestine, the Registrar, Ms. Silvana Arbia, acknowledged receipt of the declaration on 23 January 2009 "without prejudice to a judicial determination on the applicability of Article 12 paragraph 3" to the declaration. For more information click here.

On 17 April 2014, the ICC Registrar Herman von Hebel received a declaration lodged by Ukraine article 12, paragraph 3 of the Rome Statute, accepting the ICC's jurisdiction with respect to alleged crimes committed in its territory from 21 November 2013 to 22 February 2014. For more information click here