Jurisdiction of custodial State or State where present

United States of America

Title 18 - Crimes and Criminal Procedure - Genocide (excerpts)

CHAPTER 50A—GENOCIDE

§ 1091. Genocide

(e) JURISDICTION.—There is jurisdiction over the offenses described in subsections (a), (c), and
(d) if—
(2) regardless of where the offense is com-mitted, the alleged offender is—
(D) present in the United States.

USA - Title 18 - Chapter 118 War Crimes (2023)

§2441. War crimes
(b) Jurisdiction.—There is jurisdiction over an offense described in subsection (a) if—

(1) the offense occurs in whole or in part within the United States

Rome Statute

Article 12 Preconditions to the exercise of jurisdiction

1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.

2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:

(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;

(b) The State of which the person accused of the crime is a national.

3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.