Why some Doors may be Closed Already: Second Thoughts on a 'Case-by-Case' Treatment of Article 12 (3) Declarations.

The author analyzes article 12(3) of Rome Statute of the International Criminal Court. The qualification of a declaration should be determined "on a case-by-case basis" taking into account the "circumstances". According to the author, the lack of specification leaves a high degree of procedural uncertainty and a Pre-Trial Chamber may have to be constituted to act as a guardian to the proceedings.