ICC Prosecutor: ICC has no jurisdiction to investigate ISIS actions in Iraq or Syria

A report has been released by Fatou Bensouda, Prosecutor at the International Criminal Court (ICC), stating that the ICC has no jurisdiction to investigate crimes in Iraq or Syria as neither state are members of the Court nor has the UN Security Council passed a resolution requesting an investigation. Both of these conditions underscore the enduring significance of state territoriality to the workings of international law, either in terms of inter-state diplomacy (becoming signatories — or not — to the ICC) or the power dynamics of the UN Security Council (and in particular the legacy of gaining Permanent Member status).

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