This research analyzes the issues concerning the application of jurisdiction by the
International Criminal Court (ICC) over states that are not parties to the Rome
Statute, which has sparked controversies within the international community. This
research aims to find out whether the ICC has the authority to exercise its
jurisdiction over crimes committed in a country that is not a party to the Rome
Statute or over perpetrators of crimes who come from a country that is not a party
to the Rome Statute. The research employs a normative legal method using a statute
approach and a case approach. The study focuses on the ICC’s personal and
territorial jurisdiction, which are limited to crimes committed by individuals from
non-party states to the Rome Statute but occurring within the territory of states that
are parties to the Statute. The findings indicate that the ICC has a legal basis to
exercise its jurisdiction over nationals of non-party states, although such
application is considered to be in conflict with the principles of international law.
Nevertheless, this violation may be disregarded when taking into account the
humanitarian aspects of the situations handled by the ICC.