Steven Kay QC and Joshua Kern have co-authored a piece for Opinio Juris, an online forum dedicated to discussing international law and international relations. Earlier this week, US National Security Advisor John Bolton declared the intention of his country’s government to rely on the American Service members’ Protection Act of 2002 to protect both America itself and its allied nationals from ICC jurisdiction. In light of Bolton’s recent comments Steven and Joshua argue that pursuant to a proper reading of Lotus and customary international law the ICC is not permitted to exercise its enforcement jurisdiction over nationals of non-state parties absent a Security Council referral.
The piece can be read by accessing the link below:
This is the second in a series of pieces authored by Steven and Joshua on the issue of the ICC and its jurisdiction over nationals of non-states parties. In May, they argued in a blog piece on EJIL Talk! that the OTP should adopt a prudential, policy-based approach to such investigations. That piece is available here:
Image source: opiniojuris.org