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LAW RELATING TO BAIL IN NIGERIA
Jurisdiction of the International
Criminal Court over Offences – Article 5(1) thereof.
The International Criminal Court hears only serious violations of
International Human Rights Laws. Examples are:
a)
Genocide
b)
Crimes against humanity
c)
War crimes
d)
Aggression
Please note that jurisdiction in the case of the crime of Aggression cannot
be invoked until 2017 or when 20 state parties have signed.
Note also that the International Criminal Court (ICC) cannot execute a warrant of
arrest against a Non State Party;
example USA & China. iIt has recently been reported that Russia has joined the list of non-state parties.
The International Criminal Court (ICC) crimes do not apply retroactively. It only has jurisdiction over crimes committed On or After 1st July, 2002. Also, International Criminal Court (ICC) crimes are not subject to statute of limitations - Article 29 thereof.
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MEANING AND NATURE OF JURISDICTION IN THE CONTEXT OF CRIMINAL LAW PRACTICE
The International Criminal Court (ICC) crimes do not apply retroactively. It only has jurisdiction over crimes committed On or After 1st July, 2002. Also, International Criminal Court (ICC) crimes are not subject to statute of limitations - Article 29 thereof.
RELATED
MEANING AND NATURE OF JURISDICTION IN THE CONTEXT OF CRIMINAL LAW PRACTICE
Jurisdiction of the International
Criminal Court Over Persons
The criminal jurisdiction of the International Criminal Court applies to
persons committing serious crimes of international concern - Article 1 thereof. The International
Criminal Court can only try persons
not states - Articles 25 thereof. However, any such person must be a citizen of
a state party to the International Criminal Court Statute. Again, the doctrine
of state immunity does not apply to the criminal jurisdiction of the
International Criminal Court - Article
27 thereof. Also, the Statute of the International Criminal Court provides
for Individual responsibility -Article
25 thereof.
Jurisdiction Of The
International Criminal Court Over Minors
The International Criminal Court does not exercise jurisdiction over
minors. The International Criminal Court (ICC) exercises jurisdiction over
persons over 18 years - Article 26 thereof.
Jurisdiction of the International
Criminal Court (ICC) to Impose Punishment - Article 77 thereof.
The International Criminal Court cannot impose death penalty. It can
however, impose life imprisonment when justified. Nevertheless, the maximum term
of punishment is 30 years imprisonment.
Nevertheless, there may be an additional fine and an order of forfeiture
without prejudice to bona fide purchasers.
Please note that Appeals may
be lodged with the Appeals Chamber of
the International Criminal Court under Article
39 thereof.
Relationship between the International
Criminal Court (ICC) And National Courts
The first point is that the International Criminal Court's criminal
jurisdiction is complimentary to national criminal jurisdictions. Secondly, the
International Criminal Court (ICC) is a court of last resort. It will only act where state parties are unable or unwilling to prosecute - Article
17 thereof.
How is the Jurisdiction of
the International Criminal Court (ICC) Initiated?
a.
A state party will lodge a
complaint with the prosecutor - see Article 14 of the United Nations Charter.
b.
Referral from the United Nations
Security Council
c.
Prosecutor may initiate
investigation on its own.
All the above may happen where the alleged crime was committed on the
territory of a state party (or where the state on whose territory the crime was
committed has accepted the jurisdiction of the court).
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