When Interpol Comes Calling…™

Personal Jurisdiction

The International Criminal Court has jurisdiction over nationals of a State Party who are accused of a crime. The Court can also prosecute nationals of a non-party state where the state accepts jurisdiction on an ad hoc basis by virtue of a declaration or pursuant to a decision of the National Security Council.

The Court should look at whether a person’s links with a given state are genuine or substantial, rather than governed by some formal but perhaps fraudulent grant of citizenship.

The Court is not charged with the responsibility of prosecuting all individuals who are accused of committing any one of the four core crimes. The Court must examine an individual’s role in the alleged offense. Lower-level alleged participants are less likely to be charged, while organizers and leaders who play a more important role are more likely to be prosecuted.

As a matter of policy, juvenile offenders, those under the age of 18 at the time of the alleged wrongful conduct, are not to be charged.