INTRODUCTORY NOTE TO PROSECUTOR V. LAURENT KOUDOU GBAGBO: JUDGMENT ON THE APPEAL AGAINST THE DECISION OF PRE-TRIAL CHAMBER I ON JURISDICTION AND STAY OF THE PROCEEDINGS (INT'L. CRIM. CT.)

摘要

On December 12, 2012, the Appeals Chamber of the International Criminal Court (Court) in the case of Prosecutor v. Laurent Koudou Gbagbo unanimously confirmed the Pre-Trial Chamber I decision to dismiss Mr. Gbagbo's challenge to the jurisdiction of the Court. In the Judgment, the Appeals Chamber, for the first time, was called to interpret Article 12(3) of the Rome Statute (Statute), which allows a non-party State to accept the jurisdiction of the Court on an ad hoc basis without acceding to the Statute. The Judgment further includes two procedural issues. Firstly, the Appeals Chamber found that although the Pre-Trial Chamber erred by not rendering a separate decision on Cote d'Ivoire's request for leave to submit its observations, this error did not materially affect the Pre-Trial Chamber's decision. Secondly, the Appeals Chamber dismissed, in limine, Mr. Gbagbo's request for a stay of proceedings based on allegations of violations of his fundamental rights, since it was not jurisdictional in nature and thus fell outside the scope of the appealable matter. This Introductory Note will focus on the main issue of the Gbagbo Appeal Judgment, namely, whether the Court had jurisdiction over the case based on Cote d'Ivoire's Article 12(3) declaration.