What is the legal relationship between the International Criminal Court and non-state entities? Beyond the case of Palestine

In April 2012 the International Criminal Court (ICC) Prosecutor declined to review the admissibility of the Palestinian National Authori- ty’s declaration recognizing the Court’s jurisdiction, which was lodged in 2009 under Article 12(3) of the Rome Statute. This provision allows states not party to the Statute to accept the ICC jurisdiction with re- spect to crimes committed on their territory or by their nationals. The Prosecutor declined the authority to rule on such admissibility, since he was not empowered to define the term ‘state’ for the purposes of Arti- cle 12(3). This competence instead rested with the UN Secretary General (UNSG) and the UN General Assembly (UNGA). Potentially the Assembly of States Parties (ASP) could also in due course decide to ad- dress the matter. In concluding, the Prosecutor announced that he could consider future allegations of crimes perpetrated in Palestine, should the competent organs of the UN resolve the legal issue relevant to an assessment on the basis of Article 12, or should the UN Security Council (UNSC) make a referral according to Article 13(b).