UNANCHORED JUSTICE: EXTENDING ICC JURISDICTION OVER MARITIME CRIMES IN INTERNATIONAL WATERS

Abstract

The International Criminal Court's (ICC) territorial jurisdiction under Article 12(2)(a) of the Rome Statute creates a critical enforcement gap for core international crimes committed aboard unregistered vessels in international waters. The Rome Statute says registered ships are like the territory of the country they are registered in for authority reasons. However, unregistered ships don't have a country of registration, so they are not under the Court's authority if people from countries that are not part of the ICC commit crimes on them. This lack of authority makes it hard to hold people accountable, especially since people on these ships, like refugees, asylum seekers, and human trafficking victims, are in danger. Current events, like accusations of unlawful killings during drug operations at sea and the crisis of migrant ships in the Mediterranean, show that fixing this legal problem is urgent. This paper uses legal analysis to look at the current limits of the ICC's territorial authority at sea. It suggests changing Article 12 of the Rome Statute. Based on the idea of universal authority—where any country can prosecute international crimes no matter where they happened or who committed them—the paper says that ICC members can give this authority to the Court for crimes on unregistered ships outside of any country's territory. This change would fit with the Rome Statute's goal of ending impunity for major international crimes. It would also follow the United Nations Convention on the Law of the Sea (UNCLOS), which says all countries have authority over stateless ships under Article 110(1)(d). The paper also looks at recent pushes to change the Rome Statute, like Pacific-island countries suggesting in September 2024 that ecocide be recognized as a fifth international crime. This shows the institution is willing to expand its authority. By studying the legal reasons for expanding ICC authority, looking at examples from international maritime law, and discussing worries about national sovereignty, this paper adds to discussions about closing gaps in international criminal justice. The suggested change would better protect vulnerable people at sea, discourage mass atrocities in maritime areas, and strengthen the idea that international criminal law applies to everyone.

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