International Criminal Court (ICC) – Overview and Structure:

The International Criminal Court (ICC) is a permanent international tribunal established to prosecute
individuals for the most serious international crimes, including genocide, crimes against humanity, war
crimes, and the crime of aggression. The ICC was established by the Rome Statute, which entered into
force in 2002.

Structure of the ICC: The ICC has a hierarchical structure consisting of several key components:

1. Presidency:

 The Presidency is composed of the President and two Vice-Presidents. They oversee the
administration of the court, represent the ICC externally, and make important judicial
and administrative decisions.

2. Judicial Divisions:

 The judicial divisions include the Pre-Trial Division, Trial Division, and Appeals Division.
Judges are assigned to these divisions based on their expertise and experience. The
divisions play distinct roles in the different stages of the judicial process.

3. Office of the Prosecutor:

 The Prosecutor is responsible for investigating and prosecuting cases before the ICC. The
Office of the Prosecutor (OTP) conducts investigations, initiates prosecutions, and
represents the prosecution in the courtroom.

4. Registry:

 The Registry is responsible for non-judicial aspects of the court's work, including
administration, servicing the needs of the judges and the prosecutor, and providing
support to victims and witnesses.

Jurisdiction of the ICC:

The jurisdiction of the ICC is outlined in the Rome Statute and covers temporal, personal, territorial, and
subject matter aspects.

1. Temporal Jurisdiction:

 The ICC can only prosecute crimes committed after the entry into force of the Rome
Statute on July 1, 2002.

2. Personal Jurisdiction:

 The ICC has jurisdiction over individuals. It can prosecute nationals of states parties as
well as individuals from non-state parties if the crime occurred on the territory of a state
party.

3. Territorial Jurisdiction:
  The ICC has jurisdiction over crimes committed on the territory of a state party or by a
national of a state party.

4. Subject Matter Jurisdiction:

 The ICC has jurisdiction over four main crimes: genocide, crimes against humanity, war
crimes, and the crime of aggression.

Trigger Mechanisms:

The initiation of proceedings before the ICC can occur through three main mechanisms:

1. Security Council Referral (Article 13(b) of the Rome Statute):

 The UN Security Council can refer situations to the ICC, even if the state involved is not a
party to the Rome Statute.

2. Proprio Motu Authority of the Prosecutor (Article 13(c) of the Rome Statute):

 The Prosecutor can initiate investigations on their own initiative, without awaiting a
referral from a state or the Security Council.

3. State Party Referral (Article 13(a) of the Rome Statute):

 A state party to the Rome Statute can refer a situation to the ICC for investigation.

Admissibility:

Before a case proceeds, the ICC must determine its admissibility. Admissibility is assessed based on the
complementarity mechanism, gravity, and the interests of justice.

1. Complementarity Mechanism:

 The ICC will defer to national courts if they are genuinely willing and able to prosecute
the case, demonstrating the principle of complementarity.

2. Gravity:

 The ICC assesses whether the crimes in question are of sufficient gravity to justify
intervention.

Trial Process:

The trial process at the ICC typically involves the following stages:

1. Investigation:

 The Prosecutor conducts thorough investigations to collect evidence and build a case
against the accused.

2. Pre-Trial Proceedings:

 Pre-trial proceedings include the confirmation of charges and other preliminary matters.

3. Trial:
  The trial takes place before the Trial Chamber, where the prosecution and defense
present their cases, and witnesses are examined.

4. Appeals:

 Decisions of the Trial Chamber can be appealed to the Appeals Chamber.

5. Sentencing:

 If the accused is found guilty, a separate sentencing hearing is held to determine the
appropriate punishment.

Throughout the entire process, the rights of the accused, as well as the protection of victims and
witnesses, are given significant attention. The ICC seeks to ensure a fair and impartial trial in its pursuit
of justice for the most serious international crimes.

Crimes and Elements of Crimes in the Rome Statute:

The Rome Statute, which established the International Criminal Court (ICC), outlines four main
international crimes over which the ICC has jurisdiction: genocide, crimes against humanity, war crimes,
and the crime of aggression. Each crime has specific elements that must be satisfied for an individual to
be found criminally liable.

1. Genocide:

 Genocide involves acts committed with the intent to destroy, in whole or in part, a
national, ethnical, racial, or religious group. The acts include killing members of the
group, causing serious bodily or mental harm, or deliberately inflicting conditions
leading to the group's physical destruction.

2. Crimes Against Humanity:

 Crimes against humanity involve a systematic attack directed against a civilian

population, and the acts committed as part of this attack include murder,
extermination, enslavement, torture, persecution, and other inhumane acts.

3. War Crimes:

 War crimes are committed in the context of armed conflicts and can include acts such as
willful killing, torture, taking hostages, intentionally directing attacks against civilians,
and other serious violations of the laws and customs of war.
 4. Crime of Aggression:

 The crime of aggression involves the planning, initiation, or execution of an act of

aggression by a political or military leader, which constitutes a manifest violation of the
Charter of the United Nations.

Mens Rea of International Crimes - Intent and Special Intent:

"Mens rea" refers to the mental state or intent of the perpetrator at the time the crime was committed.

1. Intent:

 Intent is a crucial element in establishing criminal liability for international crimes. It

implies that the perpetrator had the conscious objective to commit the criminal act. For
example, in genocide, the perpetrator must have the specific intent to destroy a
protected group.

2. Special Intent:

 Special intent may refer to a heightened level of intent required for certain crimes. It
signifies that the perpetrator not only intended to commit the act but did so with a
particular purpose or knowledge of the consequences. This is often relevant in crimes
where a specific result is sought, such as genocide.

Crimes Against Humanity - Objective and Subjective Elements:

Crimes against humanity have both objective and subjective elements that need to be established for
criminal liability.

1. Objective Element:

 The objective element involves the commission of specific acts as part of a widespread
or systematic attack against a civilian population. These acts, such as murder,
enslavement, or torture, must be part of a broader pattern of criminal conduct.

2. Subjective Element:

 The subjective element involves the mental state or intent of the perpetrator. In crimes
against humanity, the perpetrator must act with knowledge that their conduct is part of
a widespread or systematic attack against civilians.

References to ICC Decisions and Legal Scholarship:

1. ICC, Situation in the Republic of Kenya, Decision Pursuant to Article 15 of the Rome Statute on
the Authorization of an Investigation Into the Situation in the Republic of Kenya, 31 March 2010,
para. 90

 This reference likely pertains to a decision by the ICC authorizing an investigation into
the situation in Kenya.
 2. ICC, The Prosecutor v. William Samoei Ruto, Henry Kiprono Kosgey and Joshua Arap Sang,
Decision on the Confirmation of Charges Pursuant to Article 61(7)(a) and (b) of the Rome Statute,
23 January 2012, para. 33

 This reference is likely to a decision confirming charges against specific individuals in a

case related to the situation in Kenya.

3. Claus Kress, ‘On the Outer Limits of Crimes against Humanity: The Concept of Organization
within the Policy Requirement: Some Reflections on the March 2010 ICC Kenya Decision,’ Leiden
Journal of International Law, 23(2010) 855 – 873

 Claus Kress's work reflects on the concept of organization within the policy requirement
concerning crimes against humanity, particularly in the context of the ICC's decision
related to Kenya in March 2010.

15/01/2024

Genocide:

Objective Elements: The objective elements of genocide involve specific acts committed with the intent
to destroy, in whole or in part, a national, ethnical, racial, or religious group. These acts are: First defined
in 1948. Were formerly referred s crimes against humanity.

1. Killing Members of the Group: Deliberately causing the death of individuals belonging to the
targeted group.

2. Causing Serious Bodily or Mental Harm: Inflicting physical or psychological harm on members of
the group.

3. Deliberately Inflicting Conditions Leading to Physical Destruction: Creating conditions intended

to bring about the group's physical destruction, such as imposing harsh living conditions,
starvation, or denial of medical care.

4. Imposing Measures to Prevent Births within the Group: Taking actions to prevent births within
the targeted group, such as forced sterilization or imposing restrictions on reproduction.

5. Forcibly Transferring Children of the Group to Another Group: Removing children from the
targeted group and placing them within another group, with the intent to destroy the original
group.

Subjective Elements: The subjective element of genocide is the specific intent or mens rea of the
perpetrator. The perpetrator must act with the intent to destroy, in whole or in part, a protected group.
This intent distinguishes genocide from other crimes. It requires a high level of culpability and
awareness of the consequences of the acts committed. There has to be genecodal intent.
  Dolus Specialis:

Dolus specialis refers to the specific intent or mental state required for certain international crimes. In
cases involving destruction, establishing the perpetrator's intent to destroy a group, either wholly or in
part, is crucial. To infer this we can look at the level of organizationthe weapons used, the participants,
the facts and the execution of the act.

#Prosecutor v Akayesu- READ THIS

The Prosecutor v. Jean-Paul Akayesu was a landmark case that was heard before the International
Criminal Tribunal for Rwanda (ICTR). It was the first case to establish that rape and sexual violence can
be considered acts of genocide and crimes against humanity.

Background:

In 1994, a genocide took place in Rwanda where an estimated 800,000 Tutsis and moderate Hutus were
killed over a span of 100 days. Jean-Paul Akayesu was the mayor of Taba commune in Rwanda during
this period. He was alleged to have played a significant role in planning, ordering, and instigating the
genocide.

Akayesu Indictment and Charges:

In October 1996, the ICTR indicted Akayesu on multiple charges, including genocide, complicity in
genocide, crimes against humanity, and violations of the Geneva Conventions. He was specifically
accused of participating in rapes and sexual violence committed against Tutsi women during the
genocide.

Issues of the Case:

1. Genocide: One of the main questions in this case was whether Akayesu could be held responsible for
genocide. The prosecution presented evidence to prove that he had the intent to destroy, in whole or in
part, the Tutsi ethnic group by committing acts of violence, including sexual violence.

2. Sexual Violence as a Crime Against Humanity: Another significant issue was whether acts of sexual
violence could be considered crimes against humanity. The prosecution argued that the widespread and
systematic sexual violence against Tutsi women by Akayesu and his subordinates constituted a violation
of international humanitarian law.

3. Individual Responsibility: The case also raised the issue of individual responsibility for crimes
committed during the genocide. Akayesu was alleged to have directed and ordered his subordinates to
commit acts of violence, contributing to the overall genocidal campaign. The prosecution sought to
establish that he, as a superior, should be held responsible for the crimes committed by those under his
control.

4. Defenses Presented: Akayesu's defense argued that the sexual violence was not widespread, and that
he had no knowledge or control over the crimes being committed. They also contended that the acts
were not part of a genocidal campaign but rather isolated incidents by individuals acting on their own
accord.

Court's Decision:

On June 2, 1998, the ICTR delivered its verdict. The court found Jean-Paul Akayesu guilty of nine counts,
including genocide, crimes against humanity, and individual criminal responsibility. The judges ruled that
the sexual violence committed against Tutsi women fell within the definition of genocide and
constituted acts of extermination and persecution.

Significance:

The Akayesu case was a groundbreaking ruling for international criminal law. It affirmed that sexual
violence, including rape, can be considered acts of genocide and crimes against humanity. The decision
established the legal precedent that sexual violence committed during armed conflicts can be treated as
a separate crime and held accountable in international tribunals. This landmark judgment contributed to
the development of future cases concerning sexual violence in conflict situations and helped bring
attention to gender-based crimes as a significant aspect of genocidal acts.

4. Challenges and Contemporary Developments:

a. Challenges in Enforcement:

 Challenges in gathering evidence, especially in conflict zones.

 Issues related to the cooperation of states with international criminal tribunals.

b. Contemporary Developments:

 Ongoing cases at the ICC and other tribunals continue to shape the interpretation and
application of the crime of destruction, whole or in part.

Elements of the Crime: Destruction; Whole or Part

1. International Criminal Law Framework:

a. Treaties and Statutes:

 Rome Statute of the International Criminal Court (ICC): The ICC is a permanent international
court established to prosecute individuals for the most serious crimes of international concern.
 The Rome Statute, adopted in 1998, is the treaty that established the ICC. It includes provisions
addressing crimes such as genocide, crimes against humanity, war crimes, and the crime of
aggression.

2. Crime of Destruction; Whole or Part:

a. Definition:

 The crime of destruction, whether whole or in part, can be associated with various offenses
falling within the jurisdiction of international criminal law, such as genocide or crimes against
humanity.

 Genocide (Article 6 of the Rome Statute): Genocide involves acts committed with the intent to
destroy, in whole or in part, a national, ethnical, racial, or religious group. Destruction can
include killing, causing serious bodily or mental harm, or deliberately inflicting conditions
leading to the group's physical destruction.

 Article 2 of the Genocide convention. It precedes the Rome statute

 Crimes Against Humanity (Article 7 of the Rome Statute): Crimes against humanity encompass
a range of acts committed as part of a widespread or systematic attack directed against any
civilian population. Acts such as murder, extermination, and other forms of severe deprivation
of physical liberty may involve destruction, either wholly or partially.

3. Jurisprudence and Legal Principles:

a. Case Law from International Tribunals:

 International Criminal Tribunal for the Former Yugoslavia (ICTY): The ICTY, established in 1993,
dealt with crimes committed during the Yugoslav Wars. Cases like Prosecutor v. Krstić addressed
issues related to the destruction of groups in the context of genocide.

 International Criminal Tribunal for Rwanda (ICTR): The ICTR, established in 1994, focused on
crimes committed during the Rwandan Genocide. Cases like Prosecutor v. Akayesu explored the
concept of intent to destroy, in whole or in part, a particular group.

In summary, the crime of destruction, whether whole or in part, within the framework of international
criminal law, involves intentional acts aimed at annihilating a group. The Rome Statute, case law from
international tribunals, and legal principles such as dolus specialis provide the foundation for
prosecuting individuals responsible for such acts. Challenges persist, but ongoing developments
contribute to the evolution and effectiveness of international criminal law in addressing these offenses.

References to ICTR and ICTY Cases:

1. Prosecutor v. Akayesu - ICTR:

  This case was a landmark trial at the International Criminal Tribunal for Rwanda (ICTR).
Jean-Paul Akayesu, a former mayor, was convicted of genocide and crimes against
humanity for his role in the Rwandan genocide.

2. Prosecutor v. Krstić - ICTY:

 This case took place at the International Criminal Tribunal for the former Yugoslavia
(ICTY). General Radislav Krstić, a Bosnian Serb commander, was convicted for his
involvement in the Srebrenica massacre, a genocide against Bosnian Muslims.

Aggression - The Kampala Compromise:

The Kampala Compromise refers to the adoption of the crime of aggression at the Review Conference of
the Rome Statute held in Kampala, Uganda, in 2010. The crime of aggression involves the planning,
preparation, initiation, or execution of an act of aggression by a state against another state, which
constitutes a manifest violation of the Charter of the United Nations.

Key Aspects of the Kampala Compromise:

1. Definition of Aggression: The compromise included a definition of the crime of aggression,

specifying the acts that constitute aggression.

2. Conditions for the Exercise of Jurisdiction: It established conditions for the exercise of
jurisdiction over the crime, including the requirement of a prior determination by the UN
Security Council or a decision by the Assembly of States Parties.

3. Activation of the Jurisdiction: The Kampala Compromise set out a procedure for the activation
of the ICC's jurisdiction over the crime of aggression, with a provision for a review conference to
consider amendments.

4. Entry into Force: The compromise specified the conditions for the entry into force of the
amendments related to the crime of aggression.

The inclusion of the crime of aggression marked a significant development in international criminal law,
expanding the jurisdiction of the ICC to include the prosecution of individuals for the crime of
aggression.

Conduct of hostilies

Proportionality- whaterver you use as a weapon shud be proportionate to what your enemy uses

Caustion

AP 1; ART. 35- In any armed conflict the right of parties to choose methods and means of warfare is not
unlimited

Perfidy

Methods of war that are not prohibited. Examples

Camouflage
Mock operations

Misinformation

Art 38; misuse of emblems, can at times be considered a war crime

AP; ART 35, Warfare methods that cause superfluous injury is prohibited

ART 40; Prohibited to order that there shall be no survivors

ICJ NUCLEAR WEAPONS ADVISORY OPINION ; There is neither customary i

The Genocide convention came befre the Rome Staute. What is the difference between the Rome
statute and the Genocide convention.

The two treaties are of the same language. Article 6 Rome statutr, can it be used in the ICJ. Article 38 of
the rome staute qualifies article 6 to be used

The Rome ststute is used by ICC to try indivivuals for crimes

Icj Disputes are state to stae. One cannot bring a country before the ICJ for violating crimes outlined in
the Rome statute. Therefore can the ICJ make decisions from the ICC

1. Difference between the Rome Statute and the Genocide Convention:

 Rome Statute: The Rome Statute established the International Criminal Court (ICC) and was
adopted in 1998. It entered into force in 2002. The Rome Statute outlines the jurisdiction,
functions, and structure of the ICC. It provides for the prosecution of individuals for genocide,
crimes against humanity, war crimes, and the crime of aggression.

 Genocide Convention: The Genocide Convention, formally known as the Convention on the
Prevention and Punishment of the Crime of Genocide, was adopted by the United Nations
General Assembly in 1948. It entered into force in 1951. The Genocide Convention defines
genocide as a specific crime under international law and obliges signatory states to prevent and
punish acts of genocide.

2. Use of Article 6 of the Rome Statute in the ICJ:

Article 6 of the Rome Statute pertains to the "Genocide" crime within the jurisdiction of the ICC. While
the ICJ and the ICC are both international judicial bodies, they serve distinct purposes and have different
jurisdictions:
  ICJ (International Court of Justice): The ICJ is the principal judicial organ of the United Nations.
It primarily deals with disputes between states based on international law. While the ICJ can
interpret treaties and conventions, including the Genocide Convention, it does not have
jurisdiction over individuals for criminal prosecution.

 ICC (International Criminal Court): The ICC, established by the Rome Statute, is a permanent
international criminal court. It has jurisdiction over individuals accused of committing genocide,
crimes against humanity, war crimes, and the crime of aggression. Article 6 of the Rome Statute
provides the legal basis for prosecuting individuals for the crime of genocide before the ICC, not
the ICJ.

3. Limitations of Bringing Cases Solely Based on the Rome Statute to the ICC:

While the ICC is empowered to prosecute individuals for crimes under its jurisdiction, there are
limitations to its jurisdiction and procedures:

 Territorial Jurisdiction: The ICC can only prosecute crimes that occurred on the territory of a
state party to the Rome Statute or by nationals of a state party. Crimes committed by nationals
of non-party states on the territory of a party state may also fall under ICC jurisdiction if the
United Nations Security Council refers the situation to the ICC.

 Complementarity: The principle of complementarity means that the ICC only intervenes when
states are unwilling or unable to prosecute individuals for crimes under ICC jurisdiction. States
have primary responsibility for investigating and prosecuting such crimes domestically.

In summary, while the Rome Statute and the Genocide Convention share similarities in addressing
genocide as an international crime, they serve different purposes and are applicable in different
international judicial contexts. Article 6 of the Rome Statute relates to the ICC's jurisdiction over
individuals for genocide, distinct from the ICJ's role in interpreting treaties and adjudicating disputes
between states. Additionally, the ICC's jurisdiction is subject to certain limitations and principles,
including territorial jurisdiction and complementarity.

You

wHY IS THE icj STATUTE USED AS A SOURCE OF LAW? Expound on the following based on International
criminal law, the ICC ICJ and rome statute. Treaties ICL General principles

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The International Court of Justice (ICJ) statute is used as a source of law primarily because it outlines the
structure, jurisdiction, and procedures of the ICJ, which is the principal judicial organ of the United
Nations. Expounding on the concepts of treaties, International Criminal Law (ICL), and general principles
in the context of the ICC, ICJ, and Rome Statute sheds light on their interplay and significance:

Treaties:
  ICJ Statute: The ICJ statute itself is a treaty, formally known as the Statute of the International
Court of Justice. It was established as part of the United Nations Charter and serves as the legal
foundation for the ICJ's operations. The statute outlines the jurisdiction of the ICJ, which
includes disputes between states and the interpretation of international law.

 Rome Statute: The Rome Statute is also a treaty, but it specifically pertains to the establishment
and jurisdiction of the International Criminal Court (ICC). It defines the crimes falling under the
jurisdiction of the ICC, including genocide, crimes against humanity, war crimes, and the crime
of aggression. The Rome Statute functions as the legal framework for prosecuting individuals for
these crimes at the international level.

International Criminal Law (ICL):

 ICC: International Criminal Law encompasses the body of laws that deal with the prosecution of
individuals for serious international crimes. The ICC, established by the Rome Statute, is a key
institution in the field of ICL. It has jurisdiction over individuals accused of committing genocide,
crimes against humanity, war crimes, and the crime of aggression.

 ICJ: While the ICJ primarily deals with disputes between states rather than individual criminal
prosecutions, its judgments and interpretations contribute to the development of ICL. The ICJ
may interpret treaties, including those related to human rights and international humanitarian
law, which are essential components of ICL.

General Principles:

 ICJ Statute: The ICJ statute incorporates general principles of international law, including
principles of sovereign equality, peaceful settlement of disputes, and respect for human rights.
These principles guide the ICJ in its decision-making process and contribute to the development
and application of international law.

 Rome Statute: The Rome Statute also incorporates general principles of law, including principles
of legality, individual criminal responsibility, and respect for human dignity. These principles
underpin the ICC's mandate to prosecute individuals for international crimes and ensure that
justice is administered fairly and impartially.

In summary, the ICJ statute serves as a crucial source of law because it establishes the legal framework
for the ICJ's operations and contributes to the development of international law. Treaties such as the
Rome Statute play a significant role in shaping the field of ICL by establishing international mechanisms
for prosecuting individuals for serious crimes. General principles of law, embodied in both the ICJ statute
and the Rome Statute, provide foundational principles that guide the interpretation and application of
international law in both judicial and prosecutorial contexts.

You

DRC V Belgium case facts, issues, holdings and the key concept they introduced to international ciminal
case Prosecutor v Akayesu case facts, issues, holdings and the key concept they introduced to
international ciminal case
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DRC v. Belgium Case:

Facts:

 The case originated from a complaint filed by the Democratic Republic of Congo (DRC) against
Belgium in 1999 before the International Court of Justice (ICJ).

 The DRC accused Belgium of violating its sovereignty and territorial integrity through its actions
in the DRC, including military interventions, support for rebel groups, and alleged human rights
abuses.

Issues:

 The primary issue was whether Belgium's actions in the DRC constituted a violation of
international law, particularly the principles of sovereignty and non-intervention.

Holdings:

 The ICJ ruled in favor of the DRC, holding that Belgium's actions in the DRC amounted to a
violation of its sovereignty and territorial integrity.

 The Court emphasized the importance of respecting the sovereignty of states and the principle
of non-intervention in internal affairs.

Key Concept Introduced:

 The case highlighted the principle of non-intervention in internal affairs as a fundamental tenet
of international law. It underscored the principle that states should refrain from interfering in
the internal affairs of other states and respect their sovereignty.

Prosecutor v. Akayesu Case:

Facts:

 The case involved the prosecution of Jean-Paul Akayesu, the mayor of Taba commune in
Rwanda, before the International Criminal Tribunal for Rwanda (ICTR).

 Akayesu was accused of genocide, crimes against humanity, and violations of the Geneva
Conventions during the 1994 Rwandan genocide.

Issues:

 The primary issue was whether Akayesu was criminally responsible for the genocide and other
atrocities committed during the Rwandan genocide.

Holdings:

 The ICTR found Akayesu guilty of genocide, crimes against humanity, and other serious
violations of international humanitarian law.
  The Tribunal emphasized the individual criminal responsibility of Akayesu for his role in
planning, inciting, and executing acts of genocide and other crimes.

Key Concept Introduced:

 The case introduced the concept of individual criminal responsibility for genocide and other
serious international crimes. It emphasized that individuals, including government officials and
leaders, could be held accountable for their actions under international law, even in the absence
of direct participation in the commission of crimes.

In summary, both the DRC v. Belgium case and Prosecutor v. Akayesu case contributed to the
development of international criminal law by emphasizing principles such as sovereignty, non-
intervention, and individual criminal responsibility. They underscored the importance of accountability
for serious international crimes and highlighted the role of international legal mechanisms in addressing
such atrocities.

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Article 2 and article 6 of rome statute and its relevance to interntional criminal law

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Article 2 and Article 6 of the Rome Statute are pivotal components that establish the jurisdiction and
define the crimes within the purview of the International Criminal Court (ICC). Their relevance to
international criminal law is significant as they outline the scope of the ICC's authority and delineate the
specific offenses falling under its jurisdiction.

Article 2: Jurisdiction

Article 2 of the Rome Statute delineates the jurisdictional scope of the ICC. It defines the three main
jurisdictional bases under which the ICC can exercise its authority:

1. Territorial Jurisdiction: The ICC has jurisdiction over genocide, crimes against humanity, war
crimes, and the crime of aggression when any part of the conduct constituting the crime
occurred on the territory of a state party or on board a vessel or aircraft registered in a state
party.

2. Nationality Jurisdiction: The ICC can also assert jurisdiction when the accused is a national of a
state party.

3. Referral by the United Nations Security Council: The Security Council has the authority to refer
situations to the ICC, even if they do not involve states parties or nationals of states parties.

Article 6: Genocide

Article 6 of the Rome Statute specifically deals with the crime of genocide. It defines genocide as acts
committed with the intent to destroy, in whole or in part, a national, ethnical, racial, or religious group.
The acts constituting genocide include killing, causing serious bodily or mental harm, deliberately
inflicting conditions of life calculated to bring about physical destruction, imposing measures to prevent
births within the group, and forcibly transferring children of the group to another group.

Relevance to International Criminal Law:

1. Establishing International Criminal Jurisdiction: Article 2 of the Rome Statute broadens the
scope of international criminal jurisdiction by allowing the ICC to prosecute individuals for
crimes committed on the territory of states parties, regardless of the nationality of the accused.
This expands the reach of international law and promotes accountability for grave violations of
human rights and humanitarian law.

2. Defining Core International Crimes: Article 6 defines genocide as one of the most serious crimes
under international law. By including genocide within its jurisdiction, the Rome Statute
reinforces the international community's commitment to preventing and punishing acts of
genocide, thereby upholding fundamental principles of human dignity and justice.

3. Promoting Accountability and Ending Impunity: The provisions of Article 2 and Article 6 of the
Rome Statute underscore the ICC's role in promoting accountability for individuals responsible
for the most egregious violations of human rights and international humanitarian law. By
prosecuting individuals for genocide and other core international crimes, the ICC seeks to end
impunity and deter future atrocities.

In conclusion, Article 2 and Article 6 of the Rome Statute are integral components of international
criminal law, as they establish the jurisdiction of the ICC and define the crime of genocide. They
represent significant strides in the development of international legal mechanisms aimed at promoting
accountability, protecting human rights, and preventing impunity for the most serious crimes under
international law.

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Dolus specialis explained thoroughly as a subjective elemnt of genocide

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"Dolus specialis," or special intent, is a crucial legal concept within the context of genocide under
international law. It refers to the specific mental element or state of mind required to prove that an
individual accused of genocide possessed the requisite intent to commit the crime. Understanding dolus
specialis is fundamental to establishing the subjective element of genocide, which is an essential
component in proving the commission of this heinous offense.

Definition of Dolus Specialis:

1. Intent to Destroy: Dolus specialis pertains to the perpetrator's specific intent to destroy, in
whole or in part, a particular group based on national, ethnical, racial, or religious grounds. This
intent distinguishes genocide from other crimes and underscores its uniquely grave nature.
 2. Higher Level of Intent: Dolus specialis represents a higher threshold of intent compared to other
criminal offenses. It requires not only a general intention to commit the underlying acts but also
a specific intent to eradicate a protected group based on its identity.

Elements of Dolus Specialis:

1. Knowledge and Awareness: The perpetrator must possess knowledge and awareness of the
group's identity and characteristics. This includes understanding the national, ethnical, racial, or
religious affiliation of the targeted group.

2. Deliberate and Conscious Action: The perpetrator's actions must be deliberate and conscious,
reflecting a purposeful decision to engage in conduct aimed at destroying the targeted group,
either in whole or in part.

3. Direct or Indirect Evidence: Dolus specialis can be inferred from the totality of circumstances
surrounding the commission of the alleged acts. Direct evidence, such as statements or
declarations indicating genocidal intent, can provide insight into the perpetrator's state of mind.
Indirect evidence, including patterns of conduct or systematic targeting of a specific group, may
also support the inference of dolus specialis.

Application in Legal Context:

1. Legal Standard: Dolus specialis serves as a legal standard for establishing the subjective element
of genocide. Prosecutors must demonstrate that the accused possessed the requisite intent to
commit genocide beyond a reasonable doubt.

2. Challenges in Proof: Proving dolus specialis can be challenging, as it requires insight into the
perpetrator's mindset and motivations. Courts may rely on circumstantial evidence, expert
testimony, and contextual factors to infer the perpetrator's intent.

3. Preventing Impunity: Recognizing dolus specialis underscores the international community's

commitment to holding individuals accountable for the most egregious violations of human
rights. It serves as a deterrent against impunity and reinforces the imperative to prosecute and
punish acts of genocide.

In conclusion, dolus specialis represents the specific intent required to establish the subjective element
of genocide under international law. It reflects the perpetrator's deliberate and conscious decision to
target a particular group for destruction based on its identity. Understanding and proving dolus specialis
are critical steps in prosecuting individuals responsible for perpetrating genocide and upholding the
principles of justice, accountability, and human dignity.

01/02/2024

CRIME OF AGGRESSION
Countrie may this crime for economic gain, for purposes of occupation to expand territory. This was not
alwys ensh

The Rome Statute of the International Criminal Court (ICC) provides definitions and elements for the
crime of aggression. The crime of aggression was added to the jurisdiction of the ICC in 2010, although
its activation is subject to certain conditions. The objective and subjective elements of the crime of
aggression are outlined in the Rome Statute as follows:

Objective Elements: The objective elements of the crime of aggression refer to the actions or conduct
that constitute aggression under international law. These elements are defined in Article 8 bis of the
Rome Statute. According to Article 8 bis(1), the act of aggression consists of the "use of armed force by a
State against the sovereignty, territorial integrity or political independence of another State, or in any
other manner inconsistent with the Charter of the United Nations."

This provision essentially codifies the definition of aggression as outlined in the United Nations Charter.
It includes any act of aggression by a state that violates the principles of the UN Charter, such as the
prohibition against the use of force in international relations except in cases of self-defense or when
authorized by the UN Security Council.

Subjective Elements: The subjective elements of the crime of aggression pertain to the mental state or
intent of the individuals responsible for planning, initiating, or executing acts of aggression. These
elements are elucidated in Article 8 bis(2) of the Rome Statute. According to Article 8 bis(2), the act of
aggression must be carried out by a person in a leadership position, such as a political or military leader,
and must be done with the intention of committing aggression.

The relevant text of Article 8 bis(2) of the Rome Statute states:

"Leadership position. For the purpose of implementing article 8 bis, a person in a position effectively to
exercise control over or to direct the political or military action of a State." "Intent. In accordance with
article 30, the conduct is undertaken with the intention of committing the act of aggression."

This provision emphasizes that individuals responsible for acts of aggression must be in a leadership
position within a state and must have the intention to commit aggression.

OIbjective elements are in the law i.e the character of [Link] Article 8(2). This is the character of
aggression clearly outlined in the law. Look at this.

SUBJECTIVE is to FACTS and Objective is to LAW

Whe this order was being given, when this action was taking place, did the military commander have
knowedge? I f they say they didn’t know we look at the facts.

Question of laws when determining the level of culpability.

The actus reas is the Objective elements of a crime. The acts in Section 8 include; Invaasion or attack by
the armed forces

Bombardment by the armed forces

The blockade of the ports or coats

Article 8 bis3

Crime of aggression

1. For the purpose of this Statute, “crime of aggression” means the planning, preparation, initiation or

execution, by a person in a position effectively to exercise control over or to direct the political or
military

action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest

violation of the Charter of the United Nations.

2. For the purpose of paragraph 1, “act of aggression” means the use of armed force by a State against

the sovereignty, territorial integrity or political independence of another State, or in any other manner

inconsistent with the Charter of the United Nations. Any of the following acts, regardless of a
declaration

of war, shall, in accordance with United Nations General Assembly resolution 3314 (XXIX) of 14
December

1974, qualify as an act of aggression:

21/02/2024

Tutorial Class- Diminished responsibility Ogwen Case.

Akayesu case

Belgium case. Universal jurisdiction and how to basi was inciting the commission of crimes against
humanity

Grounds that might affect the fairness of proceedings and grounds of appeal