Abstract On what basis may the International Criminal Court (“ICC”) exercise its jurisdiction over States that have withdrawn from the Rome Statute? Is it enough that the alleged crimes occurred before the State withdrew from the treaty? When acting proprio motu , does the Prosecutor have to seek authorization from a Pre-Trial Chamber before they are allowed to proceed with the criminal investigation post-State withdrawal? This issue has received only cursory attention from the ICC and the academic community but the lack of clarity around the Court’s post-withdrawal jurisdiction is a serious concern, and not only for States that have withdrawn their membership (such as the Philippines). It is important because, as things stand, and given what the Court has said so far, States parties cannot be sure of the parameters of the Court’s temporal jurisdiction, nor of the legal effects of a State’s withdrawal.
Javier S. Eskauriatza (2025) studied this question.