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Philippine Bar review · Question

Practice question: International Criminal Court

Multiple Choice Hard

Practice question

A suspect allegedly committed a crime when seventeen. Proceedings begin when he is twenty-five. All other potential ICC jurisdictional conditions are assumed satisfied. A prosecutor argues that his present adulthood removes Article 26's exclusion. Which answer is best?
  1. Present adulthood always cures the exclusion.
  2. The exclusion depends only on the victim's age.
  3. Any accusation of a serious crime erases Article 26.
  4. The ICC still lacks jurisdiction over him for that alleged crime because age at commission controls.
  5. The ICC exclusion automatically immunizes him from every national legal system.

Legal references

  • Rome Statute, Articles 1, 17, 25–27 and 127, https://legal.un.org/icc/statute/99_corr/cstatute.htm

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