The need to amend Article 12 of the ICC Statute: Remedying the effects of multilateral treaties upon third parties

The rule in the ICC Statute whereby a third party national may be validly surrendered to the jurisdiction of the Court by a member state offends a most fundamental rule of international law, which is moreover of a customary nature. In addition, it causes more conflicts as compared to its purported benefits, given that it constitutes a major stumbling block for the United States and has upset the U.N.'s peacekeeping missions. The rule should therefore be abandoned in order to alleviate these concerns.