The personal jurisdiction (jurisdiction ratione personae) of a court

4.1 The State party submits that the communication is inadmissible ratione personae, loci and materiae.

The subject matter jurisdiction (jurisdiction ratione materiae) of a court

It would likewise apply, ratione loci, to international contracts concluded between operators located in different States.

5.2 Counsel further argues that, since the decision complained of is one made by Canadian authorities while the author was subject to Canadian jurisdiction, the communication is admissible ratione loci.

6.2 The Committee considered the contention of the State party that the claim is inadmissible ratione loci.

It could be acceptable that the jurisdiction of the court ratione loci (i.e., relating to the events which had occurred within the territory of a State) is made the object of a possible declaration of acceptance.

25. While the tribunal apos s jurisdiction ratione personae posed no particular problems, since it was to try individuals only, its jurisdiction ratione materiae raised far more complicated questions.

30. The court apos s jurisdiction ratione personae gave rise to major difficulties.

69. An international criminal jurisdiction, if it were established, would be different from the International Court of Justice, ratione personae and ratione materiae.

In such circumstances the applicant company, as the addressee of the impugned act fell within the jurisdiction' of the Irish State, with the consequence that its complaint about that act is compatible ratione loci, personae and materiae with the provision of the Convention.

(c) Ratione loci This criterion requires that that there is a connection between the alleged victim and the State party against which a communication is brought

With regard to jurisdiction ratione materiae, the ideas underlying draft articles 22 to 26 were acceptable.

16. The question of jurisdiction of ratione personae posed no problems, since it was incontestable that the jurisdiction of the court should be limited to individuals.

As regards the personal jurisdiction (jurisdiction ratione personae) of a court, the consent of the State of which the accused is a national should not be required.

Initially, the court might exercise jurisdiction over other crimes, but, once the draft Code came into force, its provisions should fall within the court apos s jurisdiction ratione materiae.

78. On the subject of the jurisdiction of the future court, his delegation shared the view expressed by many others that jurisdiction ratione personae should be limited to individuals.

Her delegation supported the idea that jurisdiction ratione personae should be limited to persons and not extend to institutions or States.

As for jurisdiction ratione materiae, referred to in articles 22 and 26, the provisions were at variance with the principle nulla poena sine lege.

As for its jurisdiction ratione materiae, it should cover crimes against humanity, including apartheid, aggression, serious crimes connected with international drug traffic, and genocide.

As regards the subject matter jurisdiction (jurisdiction ratione materiae) of a court, this should be based on international conventions, such as the Geneva Conventions and Protocols and a prospective Code of Crimes, rather than on national legislation.

Conversely, no limits could be admitted as regards the jurisdiction rationae personarum or ratione materiae, except for those provided for by the convention establishing the court.

Procedural issues Inadmissibility ratione materiae

10. The role assigned by the International Law Commission to the Security Council in determining the jurisdiction ratione materiae of the court lacked a proper judicial basis.

Procedural issues Admissibility ratione temporis and ratione materiae Substantiation of claims by author Exhaustion of domestic remedies

This was clearly due to the Court's lack of jurisdiction ratione personae in respect of any entity other than a State party to the European Convention on Human Rights.

26. His delegation approved of the fact that article 26, paragraph 2 (b), of the draft statute extended the tribunal apos s jurisdiction ratione materiae to international drug trafficking.

The ratione temporis and ratione materiae competences, as well as the investigating powers of the two commissions, were identical.

28. With reference to the jurisdiction of the court, jurisdiction ratione materiae must be based fundamentally on the draft Code of Crimes against the Peace and Security of Mankind, which defined with great precision some crimes not covered by the treaties in force.

Procedural issues Admissibility ratione temporis continuing effect

The communication is therefore inadmissible ratione temporis.

(g) Inadmissibility ratione materiae (Optional Protocol, art.

With regard to the jurisdiction of the tribunal ratione materiae, we are of the opinion that it should be limited only to those grave breaches committed en masse and systematically.

The most practical solution would be for the court apos s jurisdiction ratione materiae to be derived from the Code of Crimes, but since the Code had not been completed, the establishment of jurisdiction through special agreements between States parties was a prudent alternative.

Competence ratione temporis of the monitoring body (art.

However, the fact that a State accepted the jurisdiction of the court over some of the crimes characterized meant that State was waiving jurisdiction ratione personae and, therefore, the linkage of the court apos s jurisdiction to the State apos s acceptance was not necessary, even though the suspect might be a national of that State.

41. With regard to article 24, paragraph 2, the double condition provided for the acceptance of the court apos s jurisdiction ratione personae seemed to weaken the effectiveness of the judicial system in cases where either of the States concerned refused to agree to its jurisdiction.

10. The purpose of article 25, which did not provide for a separate strand of jurisdiction ratione materiae, was to extend to the Security Council the right to submit cases to the Court.

It is also within the jurisdiction of Egyptian courts to try certain crimes that take place outside Egyptian territory, in accordance with the principle of ratione materiae (Egyptian Penal Code, article 2, paragraph 2).

This separate claim against Egypt was thus inadmissible ratione personae.

Procedural issues Inadmissibility ratione materiae non exhaustion of domestic remedies

Procedural issues Substantiation of claims by author Admissibility ratione materiae

Procedural issues Substantiation of claim by author Admissibility ratione materiae

In the current case, the condition ratione personae is not met.

It concludes that communication is inadmissible ratione personae under that provision.