A ativação da jurisdição do Tribunal Penal Internacional por via do artigo 12.º, n.º 3 do Estatuto de Roma

: as declarações de Estados não Parte

Abstract

This master’s thesis has two major purposes: (1) to highlight the importance of criminal jurisdiction on state’s sovereignty, the theories invoked to legitimize the operation of international criminal courts and the complementarity of the International Criminal Court; (2) to analyse the preconditions to the exercise of the jurisdiction of the International Criminal Court, with special focus on paragraph 3 of Article 12 of the Statute and, considering three specific cases – Ivory Coast, Uganda and Palestine -, examine certain controversial issues that arise in the practice of the Court. In conclusion, the author states that “partial” declarations, e.g., declarations that limit the jurisdiction of the ICC to specific crimes and/or individuals are inadmissible, that the possibility to treat declarations submitted by States Party analogously to a referral of a State Party is to exclude, and, finally, that the withdrawal of declarations presented by States under Article 12, paragraph 3 of ICC Statute should not be allowed.

Date of Award	27 Jan 2017
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Nuno Pinheiro Torres (Supervisor)