ce referred to in the Statute, it has the power to impose the sentence it considers appropriate. Article 80 does not affect application of sentences provided by the domestic law of States Parties. Nor may subsequent rulings concerning pardon, parole or suspension of sentence result in the case being referred to the ICC.
Amnesties and pardons
Many constitutions allow the Head of State a discretion to make amnesties or grant pardons.
i) A Head of State may grant pardons or amnesties in relation to any national prosecution or sentence. If the person was granted a pardon after being convicted at the national level, the ICC would not try that person again unless the proceedings were aimed at shielding the person from criminal responsibility.
ii) However, the Head of a State Party cannot use this power where a person has been convicted by the ICC. Article 110 (2) provides that the Court alone has the right to reduce a sentence it has imposed.
The issue of amnesties and truth commissions and the like is not specifically mentioned within the Statute, even in the provisions on Complementarity. This reflects mixed views within the international community as to the effectiveness of such measures in bringing about lasting peace and reconciliation. There are also varying approaches to the granting of amnesties across different jurisdictions, some of which are more expedient than others. When the Court is considering issues of admissibility, it will consider how genuine the efforts of States have been and will no doubt take into account how closely any "truth commission" resembles a genuine investigation process. It will also consider the basis upon which a decision not to prosecute was made, to determine whether the Court should interfere with a genuine process of reconciliation.
4.2 The Jurisdiction of the ICC
Description
Under article 1, the Court shall have the power to exercise its jurisdiction over persons "for the most serious crimes of international concern". Article 1 also states: "The jurisdiction and functioning of the Court shall be governed by the provisions of this Statute". Note that the ICC only has jurisdiction over persons who were 18 or over at the time of the alleged offence (article 26).
Non retroactive jurisdiction
Article 11 states that the Court has jurisdiction only with respect to crimes committed after entry into force of the Statute. If a State becomes a Party after entry into force, then the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, except where it has made a declaration under article 12 (3) accepting the jurisdiction of the Court as a non-State Party.
Complementarity Requirements
If a State Party wishes to prosecute ICC crimes, at a minimum, it should enact legislation allowing it to exercise territorial jurisdiction over such crimes and extra-territorial jurisdiction over its nationals who commit crimes abroad.
Implementation
States that wish to prosecute ICC crimes should ensure that they have national legislation in place that allows them to exercise jurisdiction over people committing crimes in their territory, and nationals who commit crimes abroad. This may simply require an amendment to the criminal code.
A further basis that a State may wish to consider for exercising jurisdiction is "universal jurisdiction", as set out in the 1949 Geneva Conventions and their 1977 Additional Protocols in relation to "grave breaches". Note that different concepts of "universal jurisdiction" exist: some interpret this term to mean that a State can exercise jurisdiction over anyone found in its territory, while others interpret it to mean that a State can arrest anyo
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