Article 9
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Elements of Crimes
1.
Elements of Crimes shall assist the Court in the interpretation and application of articles 6, 7, 8 and 8 bis.
They shall be adopted by a two-thirds majority of the members of the Assembly of States Parties.
2.
Amendments to the Elements of Crimes may be proposed by:
(a) Any State Party;
(b) The judges acting by an absolute majority;
(c) The Prosecutor.
Such amendments shall be adopted by a two-thirds majority of the members of the Assembly of States
Parties.
3.
The Elements of Crimes and amendments thereto shall be consistent with this Statute.
Article 10
Nothing in this Part shall be interpreted as limiting or prejudicing in any way existing or developing rules of
international law for purposes other than this Statute.
Article 11
Jurisdiction ratione temporis
1.
The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
2.
If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only
with respect to crimes committed after the entry into force of this Statute for that State, unless that State
has made a declaration under article 12, paragraph 3.
Article 12
Preconditions to the exercise of jurisdiction
1.
A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to
the crimes referred to in article 5.
2.
In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the
following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with
paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed
on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3.
If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State
may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect
to the crime in question. The accepting State shall cooperate with the Court without any delay or exception
in accordance with Part 9.
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As amended by resolution RC/Res.6 of 11 June 2010 (inserting the reference to article 8 bis).
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