Bulletin n. 2/2016
December 2016
INDICE
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Andreas Zimmermann
    Finally … Or Would Rather Less Have Been More? The Recent Amendment on the Deletion of Article 124 of the Rome Statute and the Continued Quest for the Universality of the International Criminal Court
    in Journal of International Criminal Justice , volume 14, issue 3 ,  2016 ,  505-517
    In November 2015, the 14th Session of the Assembly of States Parties to the Rome Statute of the International Criminal Court (ICC) adopted, by consensus, an amendment providing for the deletion of Article 124 of the ICC Statute, which so far enables contracting parties, when joining the Statute, to opt out from the ICC’s treaty-based war crimes-related jurisdiction. After considering the genesis of the provision and the practice arising under Article 124 of the ICC Statute so far, this article considers the arguments for and against the deletion of Article 124 in light of the increasingly small number of accessions to the ICC Statute that have been forthcoming in the last few years. It also analyses the quite strict requirements for the entry into force of the amendment, as well as the effect of the entry into force of the amendment on possible declarations having been made pending such entry into force. It ends by considering the positive effect a continued applicability of Article 124 may have on states so far being reluctant to accede to the ICC Statute.
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