Jurisdiction, immunities and international cooperation

A map of the issues that need to be resolved before analyzing the evidence on the merits. It covers national proceedings, foreign courts and interaction with the ICC.

Sources of the section Separately, about universal jurisdiction

Territorial jurisdiction

Place of action, consequence and procedural competence.

Personal jurisdiction

Citizenship, status and special rules for officials.

Universal jurisdiction

The law of the forum state, the presence of a person, subsidiarity and double criminality.

Personal immunity

Incumbency, the troika circle, state refusal and the international court.

Functional immunity

Nature of action, debatable exceptions and state practice.

Cooperation with the ICC

Request, seizure, transfer, evidence, individual rights and mandate limits.

Complementarity and ne bis in idem

The same subject and conduct, the authenticity of the national proceedings and the finality of the decision.