Rome Statute: Crimes Against Humanity

Rome Statute

• The Rome Statute established the International Criminal Court (ICC).
• It outlines the legal framework for prosecuting genocide, war crimes, and crimes against humanity.

Article 5 - Crimes within the Jurisdiction of the Court

• The ICC's jurisdiction includes genocide, crimes against humanity, war crimes, and the crime of aggression.

Article 6 - Genocide

• Genocide is defined as acts committed with the intent to destroy a national, ethnical, racial, or religious group.
• These acts include killing members of the group, causing serious harm, inflicting conditions to destroy the group, preventing births, and forcibly transferring children.

Article 7 - Crimes Against Humanity

• Crimes against humanity involve widespread or systematic attacks on civilians.
• These can include murder, enslavement, torture, and rape.
• Also forced disappearance, apartheid, and persecution.

Article 8 - War Crimes

• War crimes are serious violations of international law during armed conflict.
• Examples include targeting civilians.
• Also, using prohibited weapons such as chemical weapons.
• As well as taking hostages or attacking humanitarian workers.

Article 9 - Informed Consent

• Informed consent is a requirement for states or individuals to voluntarily agree to the ICC's jurisdiction, either directly or through a treaty.

Article 10 - Ne Bis In Idem (Double Jeopardy)

• Ne Bis In Idem is the principle preventing a person from being prosecuted twice for the same crime.
• This is also known as double jeopardy.

Article 11 - Jurisdiction Over Time

• The ICC has temporal jurisdiction over crimes committed after the Rome Statute came into force on July 1, 2002.
• The court can cover crimes committed before this date if the state accepts such jurisdiction.

Article 12 - Pre-Conditions to the Exercise of Jurisdiction

• For the ICC to exercise jurisdiction, a state must be a party to the Rome Statute.
• It must also accept the Court's jurisdiction via a declaration.

Article 13 - Exercise of Jurisdiction

• Cases can be brought to the ICC by states parties to the Rome Statute.
• Cases can also be brought to the ICC by the UN Security Council.
• The ICC Prosecutor can bring cases as well.

Article 14 - Admissibility

• The ICC can only prosecute cases if the case hasn't been prosecuted by national courts.
• Also if the case is of sufficient gravity and concerns the interests of justice.

Article 15 - Proprio Motu Investigation

• Proprio Motu allows the ICC Prosecutor to initiate an investigation on their own.
• This can be done without a referral from a state or the Security Council.

Article 16 - Deferral of Investigation or Prosecution

• The UN Security Council can request the ICC to defer an investigation or prosecution for up to 12 months.
• This can be done if it threatens international peace and security.

Article 17 - Issues of Admissibility

• Complementarity means the ICC will only intervene if national courts are unwilling or unable to prosecute a case.
• National courts have priority in prosecuting crimes.

Article 18 - Preliminary Rulings Regarding Admissibility

• Preliminary rulings determine if a case is admissible when considering if it is under national jurisdiction.
• They also determine whether another court has jurisdiction.

Article 19 - Challenges to the Jurisdiction of the Court

• A state or accused can challenge the ICC's jurisdiction or the admissibility of a case during pre-trial proceedings.

Article 20 - Non-Bis In Idem (Double Jeopardy)

• Double jeopardy means a defendant cannot be tried twice for the same offense.
• It doesn't matter if it's the same crime or an identical crime already tried elsewhere.

Article 21 - Applicable Law

• The ICC applies international law.
• This includes the Rome Statute, other international treaties, customary international law, and principles of justice.
• This ensures fair trial procedures.

Complementarity Definition

• Complementarity is the principle that the ICC is a court of last resort.
• It intervenes only when national courts are unwilling or unable to prosecute crimes under ICC jurisdiction.

National Primacy

• National courts have primary responsibility for prosecuting international crimes.
• The ICC intervenes only when national courts fail to prosecute or are unable to do so.

Conditions for ICC Intervention

• The ICC can intervene if the state is unwilling or unable to genuinely prosecute the case.

Unwillingness and Inability

• One of the two conditions for the ICC to Intervene, is inability which means that the State is unable to prosecute, such as when the judicial system is ineffective.
• Another the two conditions for the ICC to Intervene, is unwillingness in which the State is unwilling to prosecute, such as when it shields the accused or lacks the will to pursue justice.

Admissibility of a Case (Article 17)

• Article 17 of the Rome Statute governs the conditions of admissibility.
• It states that the ICC can intervene if national authorities are not prosecuting the case genuinely.

Complementarity and Sovereignty

• Complementarity respects state sovereignty by allowing national courts to prosecute international crimes.
• The ICC only intervenes when a state is either unwilling or unable to take action.

Role of the ICC Prosecutor

• The ICC Prosecutor can initiate an investigation through a referral from a state, the UN Security Council, or proprio motu (on their own initiative).
• This is all while respecting complementarity.

Example of Complementarity in Practice

• If a state is unable to prosecute due to a collapsed legal system, the ICC may intervene.
• Additionally, if a state is unwilling to prosecute due to political reasons, the ICC may also step in.

The Role of National Courts

• If national courts are genuinely prosecuting a case, the ICC refrains from intervening.
• This respect the complementarity principle.

Complementarity as a Safety Net

• The ICC serves as a safety net, stepping in only when national courts fail to prosecute or are incapable of doing so.

The Acholi Peoples' Rites of Reconciliation

• These rites focus on restoring peace and unity within the community.
• This is done by reconciling individuals and groups affected by conflict, particularly civil wars.

Cultural Foundation

• The rites are based on Acholi traditional beliefs and values.
• Emphasize communal harmony, respect for elders, and the restoration of balance between individuals.
• Also, the community and the spiritual world.

Importance of Rituals

• Rituals are believed to cleanse individuals and communities from the negative effects of conflict.
• They also promote healing, and restore spiritual and social order.

Steps in the Reconciliation Process

• Acknowledging the wrongdoings of the harm caused to individuals and the community.
• Confession: The perpetrator acknowledges their actions and expresses remorse.
• Cleansing rituals: Symbolic acts, such as slaughtering an animal, to remove spiritual and social burden.
• Forgiveness: A formal process of forgiveness enables the community and individuals to forgive the perpetrator, restoring peace.

Role of Elders and Community

• Elders play a critical role as mediators and spiritual leaders.
• They guide the reconciliation process.
• They ensure the correct rituals are followed for healing and forgiveness.

The Role of the Community in Reconciliation

• The community plays a collective role by witnessing the rites.
• They also extend forgiveness,
• They help reintegrate the offender into society.

Symbolism of Cleansing

• Cleansing rituals are symbolic acts of purification.
• They rid individuals of guilt and spiritual consequences of violence.
• They allow reintegration into society and social harmony restoration.

The Role of Animal Sacrifice

• Animal sacrifice, like slaughtering a goat or chicken, aims to cleanse the individual and community.
• It seeks spiritual forgiveness.
• It symbolizes balance restoration.

Reconciliation and Justice

• The Acholi reconciliation process prioritizes restorative justice over punitive justice.
• It aims to heal relationships and restore social and spiritual balance.
• This is over solely punishing the wrongdoer.

Integration of Traditional and Modern Justice

• The Acholi reconciliation process often complements formal legal systems.
• Elders and community leaders work with state authorities to ensure justice and healing.
• This is particularly effective in post-conflict situations.

Success of the Rites in Post-Conflict Settings

• The rites are seen as effective in restoring peace.
• They are also effective in rebuilding trust.
• And fostering long-term stability by addressing the wounds of conflict.
• They are not always a formal justice process substitute.

Impact on Community Healing

• These rites help heal the community by addressing collective trauma.
• They promote forgiveness.
• Also, individuals who have committed wrongs can reintegrate peacefully, restoring harmony.

Author of "Those Who Forget"

• Géraldine Schwarz is the author.

Theme of the Book

• The theme explores how history is remembered and forgotten.
• It focuses on the legacy of WWII, the Holocaust, and complexities of family memory.

Focus on Memory and History

• The book investigates consequences of forgetting historical events, particularly WWII trauma.
• It emphasizes the importance of confronting the past.
• This prevents its repetition.

Author's Family History

• Géraldine Schwarz examines her family history to understand memory, guilt, and reconciliation.
• Explores her German grandfather's involvement in the Nazi regime.

The Role of Silence

• Silence is a recurring motif.
• Symbolizes families' and societies' choice to be quiet about difficult pasts.
• This leads to history distortion and unhealed wounds perpetuation.

Consequences of Forgetting

• Forgetting history leads to the loss of important lessons.
• It also leads to repetition of historical mistakes.
• Inability to heal from past trauma, particularly societal or familial guilt, is ignored.

The Importance of Confronting the Past

• Confronting is crucial for understanding historical event impact.
• Promotes accountability.
• Prevents past atrocity repetition.

Reflections on the Nazi Legacy

• The book reflects on the Nazi regime.
• Looks at the guilt and denial from descendants.
• Highlights the need for truth and reconciliation.

Role of National Identity

• National identity influences how societies remember or forget historical events.
• Different generations grapple with collective guilt and national pride.
• This is especially in post-war Germany.

Impact of Family History

• Family history shapes the author's perspective.
• Explores secrets, silences, and unspoken truths.
• Reflects on personal and collective histories intertwining.

Importance of Intergenerational Dialogue

• The book emphasizes dialogue in understanding historical trauma.
• Stresses dialogue in healing wounds.
• Promotes dialogue in passing down accurate knowledge to ensure history is not forgotten or distorted.

Call to Remember and Reflect

• The call to action is to remember, reflect, and learn from history.
• This prevents future generations from repeating mistakes.
• It moves towards true reconciliation.

Article 2 of the UN Charter

• Article 2 outlines the principles of the United Nations.
• Principles include the sovereignty of states.
• Principles include the prohibition of force use.
• Principles include the peaceful settlement of all disputes.

Key Principles in Article 2 of the UN Charter

• Sovereign equality of all members.
• Peaceful settlement of disputes.
• Non-intervention in the domestic affairs of states.
• Prohibition of the use of force in international relations.

Article 7 of the UN Charter

• Article 7 establishes the structure of the United Nations.
• Creates the the General Assembly.
• Also, creates the Security Council.
• Creates the International Court of Justice.
• As well as, creates the Secretariat.

Chapter V of the UN Charter - The Security Council

• Chapter V focuses on the Security Council.
• Details the chapters composition, functions, and the powers of its members.
• Focuses on the five permanent members of China, France, Russia, the UK, and the US.

Powers of the Security Council (Chapter V)

• It contains the powers to maintain international peace and all security.
• It also has the power to impose sanctions or authorize the use of all force.
• It has the final power to recommend the admission of all new members to the UN.

Chapter VI of the UN Charter - Pacific Settlement of Disputes

• Chapter VI deals with the peaceful settlement of all disputes.
• The charter encourages member states to settle disputes through negotiation.
• Also, it supports mediation.
• Further, arbitration, or judicial settlement.

Article 33 of Chapter VI - Peaceful Dispute Settlement

• Article 33 emphasizes the obligation of parties to dispute to seek peaceful solutions.
• Seeks solutions through methods like negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, and other peaceful means.

Chapter VII of the UN Charter - Action with Respect to Threats to the Peace

• Chapter VII empowers the Security Council to take enforcement actions.
• Actions are taken in response to threats or breaches of international peace and security.
• Such actions include sanctions or military intervention.

Enforcement Measures in Chapter VII

• The Security Council can take measures such as imposing sanctions (economic or diplomatic).
• It can also Authorize military intervention.
• Establish peacekeeping missions.

Chapter VIII of the UN Charter - Regional Arrangements

• Chapter VIII supports the use of regional arrangements or agencies for maintaining peace and all security.
• Provided that such actions align with the purposes and principles of the United Nations.

Role of Regional Agencies in Chapter VIII

• Regional arrangements can handle disputes or threats to area peace.
• They must seek approval from the Security Council if they wish to initiate enforcement actions.

Chapter XIV of the UN Charter - The International Court of Justice

• Chapter XIV establishes the International Court of Justice (ICJ) as the principal judicial organ of the United Nations.
• It is responsible for settling legal disputes between all states and giving advisory opinions on international legal issues.

Functions of the International Court of Justice (Chapter XIV)

• The ICJ settles disputes between all states based on international law.
• Provides advisory opinions on legal questions referred by the UN General Assembly, the Security Council, or all other agencies.

Article 92 of Chapter XIV - ICJ Jurisdiction

• Article 92 establishes the International Court of Justice as the principal judicial body of the UN.
• Its jurisdiction is accepted by states based on their consent, through treaties or declarations.

Rome Statute of 1998

• The Rome Statute of 1998 established the International Criminal Court (ICC).
• It defines its jurisdiction, functioning, and the crimes it prosecutes.

Jurisdiction of the ICC

• The jurisdiction of the ICC refers to the authority of the Court to prosecute individuals for crimes like genocide, war crimes, and crimes against humanity.

Temporal Jurisdiction of the ICC

• The temporal jurisdiction of the ICC applies to crimes committed after July 1, 2002, when the Rome Statute came into force.

Material Jurisdiction under the Rome Statute

• Material jurisdiction refers to the ICC's authority to prosecute specific crimes.
• Crimes such as genocide, war crimes, crimes against humanity, and the crime of aggression .

Four Crimes that the ICC Prosecutes

• Genocide.
• Crimes against all humanity.
• Also, war crimes.
• As well as, crime of all aggression.

Genocide According to the Rome Statute

• Genocide is acts with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group.
• This is done through killing, causing serious harm, or imposing measures to prevent all births.

Crimes Against Humanity According to the Rome Statute

• Crimes against humanity are acts committed against a civilian population.
• Acts include murder, enslavement, torture, and rape.

War Crimes According to the Rome Statute

• War crimes are violations of international humanitarian law.
• Violations such as targeting civilians, using prohibited weapons, or committing acts like taking hostages or attacking humanitarian workers.

Crime of Aggression According to the Rome Statute

• Crime of aggression refers to the planning, preparation, initiation, or execution of an act of aggression by a State against another State.

Territories under ICC Jurisdiction

• ICC holds jurisdiction over crimes committed within the territories of States parties to the Rome Statute.
• It also covers nations, and situations referred by the UN Security Council.

Referring a Case to the ICC

• A State party to the Rome Statute can refer.
• The UN Security Council can refer a case to the ICC.
• The ICC Prosecutor can refer using proprio motu.

Proprio Motu

• Proprio motu that the ICC Prosecutor can initiate an investigation on its own.
• Without a referral from a state or the Security Council.

Purpose of Preliminary Examination

• A preliminary examination is done by the ICC Prosecutor to determine whether there is sufficient evidence to initiate an investigation relating to the ICC's legal power.

Informing the ICC of a Situation

• Any individual, State, or non-governmental organization can alert the ICC about a situation they believe aligns with the Court's legal power.

The Ne Bis in Idem Principle

• The ne bis in idem principle, or double jeopardy, ensures that no one can be tried twice for the same all crime.

Interest of Justice at the ICC

• The principle allows the ICC to decide not to pursue a case if prosecution would not serve the interests of justice.

Complementarity in the ICC's Legal Framework

• Complementarity defines that the ICC will only ever intervene if national courts are unwilling or unable to prosecute crime.

Admissibility Apply at the ICC

• The criterion requires the ICC to assess whether or not a case of severe gravity has been prosecuted.

Laws the ICC Applies

• The ICC applies international law, including the Rome Statute.
• It follows other international treaties, customary international law, and core principles of justice.

Member States of the ICC and the UN

• Many States parties to the Rome Statute are also UN member states.
• Not all UN members are parties to the ICC, and some have chosen not to ratify.

UN Security Council Powers

• The Security Council can defer an investigation or prosecution for up to 12 months if a situation threatens peace and security.

Actus Reus

• Actus reus refers to the physical act or conduct that constitutes a criminal offense.

Mens Rea

• Mens rea refers to the mental state or intent of the accused when committing the crime

Negligence

• Negligence refers to the failure to exercise reasonable care, resulting in harm or a risk of harm to others.

Principle of Causation

• The principle links the accused's actions to the result of the crime.
• It demonstrates that the defendant's conduct directly caused the harm or result.

Principle of Nullum Crimen Sine Lege

• No crime can exist without law, one can not be lawfully prosecuted for an action not legally defined as a crime at the time it was committed.

Nulla Poena Sine Lege

• A person cannot be punished for an act that was not punishable by law at the time it was committed.

Principle of Non-Retroactivity

• Laws do not apply to actions that occurred before the law was enacted.

Individual Criminal Responsibility

• It holds individuals personally accountable for their crimes.
• They cannot claim immunity based on authority.

Command Responsibility

• Leads to military and civilian leaders being help criminally responsible .
• This can happen for crimes committed by subordinates if they knew or should have known and failed to prevent or punish the crimes.

Minimum Age to be Prosecuted

• The minimum age to be prosecuted at the ICC is 18 years.

Immunity

• The ICC does not recognize immunity.
• It applies even to heads of state or government officials, in cases of serious crimes under its jurisdiction.

Statute of Limitations

• It refers to the period after which legal action can no longer be taken for certain crimes.
• There is no limitation in crimes under the ICC.

Arrest Warrant

• The ICC issues an arrest warrant with sufficient evidence.
• There's one warrant for charging to bring them up when they're accused.

Nuremberg Trials

• Served as a predecessor due to setting a precedent for individuals being held accountable for crimes like genocide and war crimes,. Influenced the creation of the ICC.

Reparation

• Refers to compensation or restitution .
• Provided to victims of all crimes to acknowledge and remedy damages caused.

Civil Law and Common Law

• Civil law is rooted in written codes and statutes.
• Common law is established on judicial precedents and decisions.

Restorative Justice

• Restorative justice is focused on repairing the harm that is derived through criminal behavior which includes reconciliation between the victim of crime and the criminal perpetrator,.

Transitional Justice

• Refers to the methodology that societies are engaged in to address conflict.

Goals of Transitional Justice

• Main goals are accountability, truth-telling, reparation, and reconciliation.
• Used following periods of widespread human rights violations.

Truth Commissions

• They investigate and report on the atrocities or violations of human rights which occured with it an authoritarian regime.

Objectives of Truth Commissions

• Undercover the truth and also acknowledge what suffering victims had.

When are War Attacks Allowed?

• War attacks are only allowed when the UN approves or in the form of self defense.