From Rome to Kampala: An Analysis of Article 124 of the Statute of the International Criminal Court

Abstract The essay elaborates on Article 124 of the Rome Statute of the International Criminal Court, which allows states parties to deny the Court jurisdiction over war crimes for a maximum period of seven years, upon signing the Statute. The article firstly, touches upon the provision from an historical point of view. Secondly, it addresses the reasons and effects of the two declarations invoking the article that have been made so far reflects the practical side of the provision. The body of the essay exemplifies the arguments in favour of both deletion and retention of Article 124, as proposed by states parties of the International Criminal Court and NGOs. It argues that states parties should decide to remove the provision from the Statute, due to its discrepancy with the preamble of the Statute, the concessive conjunction of its existence and its relative lack of use. The essay concludes with addressing the remaining procedural constraints of deletion of the provision, seeking to clarify the future consequences such a deletion might entail.