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Dispute Settlement under the Rome Statute of the International Criminal Court: Article 119 and the Possible Role of the International Court of Justice
Authors:O'Neill  Timothy
Abstract:This paper examines the dispute settlement procedure establishedby Article 119 of the Rome Statute of the International CriminalCourt, with particular attention paid to whether that provisioncreates any relationship between the International CriminalCourt and the International Court of Justice. The paper firstdiscusses the jurisdictional reach of Article 119, detailingthe types of disputes addressed in its two subsections and themanner in which such disputes are to be handled. Secondly, itfocuses on the possibility of referral of disputes covered inArticle 119(2) to the International Court of Justice. Althoughthe provision expressly contemplates such a referral, it remainsunclear whether the provision adequately supports the jurisdictionof the International Court of Justice in accordance with theStatute of that Court. The paper goes on to suggest ways inwhich the International Criminal Court Assembly of States Partiescan take steps to improve the likelihood that such referralwould be deemed proper in order to enhance the possible andfinal settlement of disputes.
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