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The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute. The Rome Statute is silent in regard to violations which are committed prior to the entry into force of the Statute and continued afterwards. It is submitted that references in future cases to acts pre-dating the entry into force of the Statute may be useful in establishing the historical context but they may not be form the basis of a charge. The jurisdiction ratione temporis may be limited in two ways.
The Security Council may according to Article 16 prevent the Court from exercising jurisdiction for a fixed period of time. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under Article 12, paragraph 3. The requirement on consent on behalf of the State has implications for the temporal jurisdiction of the Court. The first exception concerns States Parties. The second exception, concerning States Not Parties to the Rome Statute, is examined in the comment to Article 12. Stéphane Bourgon, in Antonio Cassese et al.
The Rome Statute of the International Criminal Court: A Commentary, Oxford Univerity Press, Oxford, 2002, pp. Article 12 sets the preconditions for the exercise of jurisdiction of the Court. State may accept the jurisdiction of the ICC concerning the core crimes, namely by becoming a party to the Rome Statute. State sovereignty as a limiting factor for the jurisdiction of the ICC.