The Possibility of Subject-Matter Restriction of Ad Hoc Jurisdiction Acceptance of the International Criminal Court: A Case Study of the Ramadan War

Document Type : Original Article

Authors
Zeinab Farahmandzad 1
Abolfazl Khosravi 1
Amirbahador Mirbalouchzehidehpabidi 2
1 Department of International Law, Faculty of Humanities, Comprehensive University of Islamic Revolution, Tehran, Iran
2 Department of International Law, Faculty of Law and Political Science, Allameh Tabataba’i University, Tehran, Iran
10.48315/qgl.2026.581019.1373
Abstract
The non-membership of the Islamic Republic of Iran, the United States, and Israel in the Rome Statute creates jurisdictional challenges for the International Criminal Court (ICC) in addressing alleged crimes arising from the Ramadan War. An Article 12(3) declaration constitutes the principal mechanism through which the Court may exercise jurisdiction over a non-State Party. This article examines whether a State submitting such a declaration may restrict the Court's jurisdiction to selected incidents related to the Ramadan War or whether the scope of investigation is determined by the concept of "situation" under the Rome Statute. Employing a descriptive-analytical method, the study analyzes the Rome Statute, ICC jurisprudence, policy documents of the Office of the Prosecutor, and relevant scholarship. It argues that although an Article 12(3) declaration is founded on State consent, such consent merely establishes the Court's jurisdiction and does not empower the declaring State to define the scope of investigations. Under the Rome Statute, the boundaries of proceedings are determined through the concept of "situation" in light of territorial, temporal, and contextual elements. Accordingly, while Iran may identify the Ramadan War as the subject of an Article 12(3) declaration, such a declaration would not necessarily confine the Court's investigation to the incidents or individuals designated by the declaring State.
Keywords
Ramadan War
International Criminal Court
Ad Hoc Acceptance of Jurisdiction
Situation
Subject-Matter Restriction