Юрисдикцията на Международния наказателен съд — проблеми и решения
Jurisdiction of the International Criminal Court - Current Issues

Summary/Abstract: The article concerns the establishment of the International Criminal Court and deals with the issue of its jurisdiction. The jurisdiction of the Court was the subject of serious discussions during the Diplomatic Conference in Rome in 1998 and was among the most serious points of disagreement between the States. Finally, it was agreed that jurisdiction would cover crimes against humanity, war crimes and the crime of genocide. After the elaboration of a definition for the crime of aggression it will be included in the core crimes. On the other hand, the question what kind of jurisdiction should be granted to the Court was among the most discussed issues. This essential problem was resolved in favour of territorial jurisdiction, which made the ICC very much dependent on the ratification of the Rome Statute by the relevant State. In the process of ratification of the Rome Statute most of the States bring their criminal legislation in compliance with its regulations in order to be able to try the perpetrators of the most heinous crime against the international community themselves. Amendments to the national criminal legislation of the States have a positive effect and are a step towards harmonization.

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