Subject matter jurisdiction of the court

The subject matter jurisdiction (jurisdiction ratione materiae) of a court

The personal jurisdiction (jurisdiction ratione personae) of a court

The ways by which a State might accept the jurisdiction of a court

The principle of complementarity on which the jurisdiction of the Court is based was something that could not be understood.

The establishment of an essentially voluntary jurisdiction for such a court, which would be concurrent with that of national courts

(ii) Serious enough to warrant inclusion in the jurisdiction of a court.

The issue would also arise at the time when a State elected to accept the jurisdiction of a court for particular offences.

As such, according to the author, the Court's jurisdiction was incorrectly invoked.

Germany raised six preliminary objections to the jurisdiction of the Court and to the admissibility of Liechtenstein's Application.

The Court's jurisdiction covers all disputes submitted by States for resolution in accordance with international law.

It is regrettable that only a dozen countries have accepted the Court's jurisdiction without reservations or conditions.

31. Aspects of the question of the subject matter jurisdiction of a court have been addressed above in paragraphs 12 to 17.

After independence of Pakistan, the High Court at Lahore ceased to have jurisdiction over Delhi and the then East Punjab.

Mr. AMOR asked the delegation to clarify the competence of the Constitutional Court with regard to the interpretation and application of the law.

On the contradicting versions of the facts and testimonies of witnesses of the prosecution and the defence, the Court ruled that the issue of credibility of witnesses was an issue under the competence of the trial court.

But the ICC s creators deemed the waging of aggressive war which the International Military Tribunal at Nuremberg called the supreme international crime to be outside the court s jurisdiction.

The confinement of the jurisdiction of an international criminal court, at least in the first phase of its operation, to individuals and not States

(c) Typology of offences determining which offences are the most serious and, therefore, should fall within a court apos s jurisdiction

The elements of the criteria by which certain conduct defined in existing conventions would come within the jurisdiction of a court will need to be identified.

43. Is the identification of a crime as quot genuinely of an international character quot sufficient for inclusion?

We have particular and major concerns with the report apos s approach to the proposed court apos s subject matter jurisdiction and the substantive definition of crimes.

And, if only the most serious of these offences are to be within the court apos s jurisdiction, how are they to be identified?

In the immediate aftermath of the explosion, on 14 February, the investigation of the crime fell within the jurisdiction of the Military Court.

The Court was not supposed to hold specific individuals criminally responsible that is the job of the International Criminal Tribunal for the former Yugoslavia (ICTY).

When, in 2001, Liechtenstein brought the case before the Court, it based the Court's jurisdiction on article 1 of the European Convention for the Peaceful Settlement of Disputes.

For this reason, the Court concluded that it had jurisdiction to hear the warranty claim and consequently dismissed the appeal.

It held that the appointment of judges is an exercise of the judicial rather than the executive or administrative power, thus falling within the exclusive competence of the Supreme Council and outside the Supreme Court's jurisdiction under article 146 of the Constitution of Cyprus.

It also considers that the absence of a review of sentence is counterbalanced by trial by the court of highest jurisdiction.

The Prosecutor has also received over 1,300 communications relating to situations that might fall within the jurisdiction of the Court.

1. The competence of the Tribunal shall be extended to the staff of the Registry of the International Court of Justice upon the exchange of letters between the President of the Court and the Secretary General of the United Nations establishing the relevant conditions.

If the jurisdiction of a court is to run concurrently with that of national courts (as opposed to exclusively), there is a certain preliminary logic in filling the gaps of international criminal law by recourse to domestic law.

Having accepted the jurisdiction of a court in this manner, that State would no doubt want to be certain of access to that court for trial of persons alleged to have committed offences of that kind.

If substantive differences between the Code and existing treaties remain unresolved, the subject matter jurisdiction of a court would not function properly.

Many of the violations, owing to their serious, massive or systematic nature, constitute crimes against humanity and are subject to the jurisdiction of the International Criminal Court.

It has also been reported that the jurisdiction of the special court has been expanded to consider allegations of violations of international humanitarian law.

The answer is simple where the interests of a UN Security Council member or one of their clients are at stake, the court s jurisdiction ends.

The United States questions whether all categories of crimes that have an international character should potentially come within the jurisdiction of the criminal court.

Once it is considered that the court has jurisdiction to deal with the subject matter of an application, then the question of excluding judges who will exercise the court's jurisdiction is examined. Supreme Court of Cyprus, case No.

competence

21. Australia notes that the concept of quot ceded jurisdiction quot advanced in paragraph 456 of the Working Group apos s report offers only a partial solution to resolving possible conflicts between a State apos s jurisdiction under an existing treaty and its acceptance of a court apos s jurisdiction.

Australia has noted the importance of this view. The establishment of a voluntary jurisdiction for a court would require a mechanism by which States could accept this jurisdiction.

If the shipper and the carrier agree that a competent court has jurisdiction to decide disputes that may arise under this Convention, then that court has non exclusive jurisdiction, provided that the agreement conferring it is concluded or documented

jurisdiction of States.

4. Encourages States to continue considering recourse to the Court by means available under its Statute, and calls upon States that have not yet done so to consider accepting the jurisdiction of the Court in accordance with its Statute