مدى التزام الدول غير الأعضاء بقرارات "المحكمة الجنائية الدولية

Abstract

In fact, the principle in treaties is that they do not bind other than
their parties, and therefore the jurisdiction of the International Criminal
Court applies to countries that have ratified the Rome Statute in
accordance with Article (26) of the Vienna Convention on the Law of
Treaties in 1969, and accordingly, the Criminal Court cannot bind only
its parties and exercises its jurisdiction only On the countries that ratified
the Rome Statute. As for the obligation of non-party states, it is an
exception to the general rule in international law and the powers of their
consent, which included three cases, in the case of the non-party state
accepting the Rome Statute based on a special agreement that this court
exercises its jurisdiction over it, Or a case of a crime committed by a
country that is not a member through the Security Council in order to
maintain international peace and security, or the Court’s exercise of its
jurisdiction over a country that is not a party to the Rome Statute through
subordination, or if the accused is one of its nationals. For all of these
matters, we believe that the decisions of the International Criminal Court
should be binding on all member and non-member states to achieve the
goal of its establishment, and this matter requires everyone to be subject
to the jurisdiction of the Court without exception.