Module 10

What is the range of human rights abuses experienced by those living in extreme poverty?

Self-assessment – International Criminal Court

Questions

You may wish to consult the Rome Statute, which established the ICC, especially Articles 5, 6, 7, 8 , 13, 14 , 15 and 17. It can be found here.

1. What are the three ways in which the ICC gains jurisdiction to start an investigation (that is, the three different ways the ICC may be authorized to launch an investigation, leading to a potential indictment of criminal suspect(s))?

   The rules on jurisdiction are set out in Article 13, 14 and 15 of the Rome Statute, that established the ICC. The three ways in which the ICC gains jurisdiction are:

   1. A State which has ratified the Rome Statute refers a situation in its territory to the ICC;
   2. The ICC Prosecutor decides to launch an investigation of a situation, but may only do so in respect of States that have ratified the Rome Statute;
   3. The United Nations (UN) Security Council refers a situation in any country to the ICC Prosecutor, (and may do so regardless of whether it has ratified the Rome Statute).
2. What are the three main crimes (not including the crime of aggression) covered by the Rome Statute?

   The Rome Statute covers three sets of crimes: genocide, crimes against humanity and war crimes.

   According to the Rome Statute, “genocide” means any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group:

   • killing members of the group;
   • causing serious bodily or mental harm to members of the group;
   • deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
   • imposing measures intended to prevent births within the group;
   • forcibly transferring children of the group to another group.

   “Crimes against humanity” include any of the following acts committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

   • murder;
   • extermination;
   • enslavement;
   • deportation or forcible transfer of population;
   • imprisonment;
   • torture;
   • rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
   • persecution against an identifiable group on political, racial, national, ethnic, cultural, religious or gender grounds;
   • enforced disappearance of persons;
   • the crime of apartheid;
   • other inhumane acts of a similar character intentionally causing great suffering or serious bodily or mental injury.

   “War crimes” include grave breaches of the Geneva Conventions and other serious violations of the laws and customs applicable in international armed conflict and in conflicts “not of an international character” listed in the Rome Statute, when they are committed as part of a plan or policy or on a large scale. These prohibited acts include:

   • murder;
   • mutilation, cruel treatment and torture;
   • taking of hostages;
   • intentionally directing attacks against the civilian population;
   • intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historical monuments or hospitals;
   • pillaging;
   • rape, sexual slavery, forced pregnancy or any other form of sexual violence;
   • conscripting or enlisting children under the age of 15 years into armed forces or groups or using them to participate actively in hostilities
3. Which court takes precedence in prosecuting war crimes, crimes against humanity or genocide – national courts in the country where the crime occurred or the International Criminal Court?

   Under the Rome Statute, international crimes should first be prosecuted before national courts. The so-called rule of complementarity recognizes that states have the first responsibility to prosecute international crimes. Under Articles 17 and 53 of the Rome Statute, the ICC may only exercise jurisdiction where national legal systems fail to do so, including where they claim to act but in reality are unwilling or unable to genuinely carry out proceedings.