JURISDICTION, ADMISSIBILITY AND APPLICABLE LAW
Crimes within the jurisdiction of the
International Criminal Court
Article 5
1. The jurisdiction of the Court shall be limited to the most
serious crimes of concern to the international community as a
whole. The Court has jurisdiction in accordance with this Statute
with
respect to the following crimes:
(a) The crime of genocide;
(b) Crimes against humanity;
(c) War crimes;
(d) The crime of aggression.
2. The Court shall exercise jurisdiction over the crime of
aggression once a provision is adopted in accordance with articles
121 and 123 defining the crime and setting out the conditions
under which the Court shall exercise jurisdiction with respect
to this crime. Such a provision shall be consistent with the relevant
provisions of the Charter of the United Nations.
Article 6
Genocide
For the purpose of this Statute, "genocide" means
any of the following acts committed with intent to destroy, in
whole or in part, a national, ethnical, racial or religious group,
as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the
group;
(c) Deliberately inflicting on the group conditions of life
calculated to bring about its physical destruction in whole or
in part;
(d) Imposing measures intended to prevent births within the
group;
(e) Forcibly transferring children of the group to another
group.
Article 7
Crimes against humanity
1. For the purpose of this Statute, "crime against humanity"
means any of the following acts when committed as part of a widespread
or systematic attack directed against any civilian
population, with knowledge of the attack:
(a) Murder;
(b) Extermination;
(c) Enslavement;
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty
in violation of fundamental rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy,
enforced sterilization, or any other form of sexual violence of
comparable gravity;
(h) Persecution against any identifiable group or collectivity
on political, racial, national, ethnic, cultural, religious, gender
as defined in paragraph 3, or other grounds that are
universally recognized as impermissible under international law,
in connection with any act referred to in this paragraph or any
crime within the jurisdiction of the Court;
(i) Enforced disappearance of persons;
(j) The crime of apartheid;
(k) Other inhumane acts of a similar character intentionally
causing great suffering, or serious injury to body or to mental
or physical health.
2. For the purpose of paragraph 1:
(a) "Attack directed against any civilian population"
means a course of conduct involving the multiple commission of
acts referred to in paragraph 1 against any civilian
population, pursuant to or in furtherance of a State or organizational
policy to commit such attack;
(b) "Extermination" includes the intentional infliction
of conditions of life, inter alia the deprivation of access to
food and medicine, calculated to bring about the destruction
of part of a population;
(c) "Enslavement" means the exercise of any or all
of the powers attaching to the right of ownership over a person
and includes the exercise of such power in the course of
trafficking in persons, in particular women and children;
(d) "Deportation or forcible transfer of population"
means forced displacement of the persons concerned by expulsion
or other coercive acts from the area in which they are
lawfully present, without grounds permitted under international
law;
(e) "Torture" means the intentional infliction of
severe pain or suffering, whether physical or mental, upon a person
in the custody or under the control of the accused;
except that torture shall not include pain or suffering arising
only from, inherent in or incidental to, lawful sanctions;
(f) "Forced pregnancy" means the unlawful confinement,
of a woman forcibly made pregnant, with the intent of affecting
the ethnic composition of any population or carrying
out other grave violations of international law. This definition
shall not in any way be interpreted as affecting national laws
relating to pregnancy;
(g) "Persecution" means the intentional and severe
deprivation of fundamental rights contrary to international law
by reason of the identity of the group or collectivity;
(h) "The crime of apartheid" means inhumane acts
of a character similar to those referred to in paragraph 1, committed
in the context of an institutionalized regime of
systematic oppression and domination by one racial group over
any other racial group or groups and committed with the intention
of maintaining that regime;
(i) "Enforced disappearance of persons" means the
arrest, detention or abduction of persons by, or with the authorization,
support or acquiescence of, a State or a political
organization, followed by a refusal to acknowledge that deprivation
of freedom or to give information on the fate or whereabouts of
those persons, with the intention of
removing them from the protection of the law for a prolonged period
of time.
3. For the purpose of this Statute, it is understood that
the term "gender" refers to the two sexes, male and
female, within the context of society. The term "gender"
does not indicate any
meaning different from the above.
Article 8
War crimes
1. The Court shall have jurisdiction in respect of war crimes
in particular when committed as a part of a plan or policy or
as part of a large-scale commission of such crimes.
2. For the purpose of this Statute, "war crimes"
means:
(a) Grave breaches of the Geneva Conventions of 12 August
1949, namely, any of the following acts against persons or property
protected under the provisions of the
relevant Geneva Convention:
(i) Wilful killing;
(ii) Torture or inhuman treatment, including biological experiments;
(iii) Wilfully causing great suffering, or serious injury
to body or health;
(iv) Extensive destruction and appropriation of property,
not justified by military necessity and carried out unlawfully
and wantonly;
(v) Compelling a prisoner of war or other protected person
to serve in the forces of a hostile Power;
(vi) Wilfully depriving a prisoner of war or other protected
person of the rights of fair and regular trial;
(vii) Unlawful deportation or transfer or unlawful confinement;
(viii) Taking of hostages.
(b) Other serious violations of the laws and customs applicable
in international armed conflict, within the established framework
of international law, namely, any of the
following acts:
(i) Intentionally directing attacks against the civilian population
as such or against individual civilians not taking direct part
in hostilities;
(ii) Intentionally directing attacks against civilian objects,
that is, objects which are not military objectives;
(iii) Intentionally directing attacks against personnel, installations,
material, units or vehicles involved in a humanitarian assistance
or peacekeeping mission
in accordance with the Charter of the United Nations, as long
as they are entitled to the protection given to civilians or civilian
objects under the
international law of armed conflict;
(iv) Intentionally launching an attack in the knowledge that
such attack will cause incidental loss of life or injury to civilians
or damage to civilian objects or
widespread, long-term and severe damage to the natural environment
which would be clearly excessive in relation to the concrete and
direct overall
military advantage anticipated;
(v) Attacking or bombarding, by whatever means, towns, villages,
dwellings or buildings which are undefended and which are not
military objectives;
(vi) Killing or wounding a combatant who, having laid down
his arms or having no longer means of defence, has surrendered
at discretion;
(vii) Making improper use of a flag of truce, of the flag
or of the military insignia and uniform of the enemy or of the
United Nations, as well as of the
distinctive emblems of the Geneva Conventions, resulting in death
or serious personal injury;
(viii) The transfer, directly or indirectly, by the Occupying
Power of parts of its own civilian population into the territory
it occupies, or the deportation or
transfer of all or parts of the population of the occupied territory
within or outside this territory;
(ix) Intentionally directing attacks against buildings dedicated
to religion, education, art, science or charitable purposes, historic
monuments, hospitals and
places where the sick and wounded are collected, provided they
are not military objectives;
(x) Subjecting persons who are in the power of an adverse
party to physical mutilation or to medical or scientific experiments
of any kind which are neither
justified by the medical, dental or hospital treatment of the
person concerned nor carried out in his or her interest, and which
cause death to or seriously
endanger the health of such person or persons;
(xi) Killing or wounding treacherously individuals belonging
to the hostile nation or army;
(xii) Declaring that no quarter will be given;
(xiii) Destroying or seizing the enemy's property unless such
destruction or seizure be imperatively demanded by the necessities
of war;
(xiv) Declaring abolished, suspended or inadmissible in a
court of law the rights and actions of the nationals of the hostile
party;
(xv) Compelling the nationals of the hostile party to take
part in the operations of war directed against their own country,
even if they were in the
belligerent's service before the commencement of the war;
(xvi) Pillaging a town or place, even when taken by assault;
(xvii) Employing poison or poisoned weapons;
(xviii) Employing asphyxiating, poisonous or other gases,
and all analogous liquids, materials or devices;
(xix) Employing bullets which expand or flatten easily in
the human body, such as bullets with a hard envelope which does
not entirely cover the core or is
pierced with incisions;
(xx) Employing weapons, projectiles and material and methods
of warfare which are of a nature to cause superfluous injury or
unnecessary suffering or
which are inherently indiscriminate in violation of the international
law of armed conflict, provided that such weapons, projectiles
and material and methods
of warfare are the subject of a comprehensive prohibition and
are included in an annex to this Statute, by an amendment in accordance
with the relevant
provisions set forth in articles 121 and 123;
(xxi) Committing outrages upon personal dignity, in particular
humiliating and degrading treatment;
(xxii) Committing rape, sexual slavery, enforced prostitution,
forced pregnancy, as defined in article 7, paragraph 2 (f), enforced
sterilization, or any other
form of sexual violence also constituting a grave breach of the
Geneva Conventions;
(xxiii) Utilizing the presence of a civilian or other protected
person to render certain points, areas or military forces immune
from military operations;
(xxiv) Intentionally directing attacks against buildings,
material, medical units and transport, and personnel using the
distinctive emblems of the Geneva
Conventions in conformity with international law;
(xxv) Intentionally using starvation of civilians as a method
of warfare by depriving them of objects indispensable to their
survival, including wilfully
impeding relief supplies as provided for under the Geneva Conventions;
(xxvi) Conscripting or enlisting children under the age of
fifteen years into the national armed forces or using them to
participate actively in hostilities.
(c) In the case of an armed conflict not of an international
character, serious violations of article 3 common to the four
Geneva Conventions of 12 August 1949, namely, any
of the following acts committed against persons taking no active
part in the hostilities, including members of armed forces who
have laid down their arms and those placed
hors de combat by sickness, wounds, detention or any other cause:
(i) Violence to life and person, in particular murder of all
kinds, mutilation, cruel treatment and torture;
(ii) Committing outrages upon personal dignity, in particular
humiliating and degrading treatment;
(iii) Taking of hostages;
(iv) The passing of sentences and the carrying out of executions
without previous judgement pronounced by a regularly constituted
court, affording all
judicial guarantees which are generally recognized as indispensable.
(d) Paragraph 2 (c) applies to armed conflicts not of an international
character and thus does not apply to situations of internal disturbances
and tensions, such as riots,
isolated and sporadic acts of violence or other acts of a similar
nature.
(e) Other serious violations of the laws and customs applicable
in armed conflicts not of an international character, within the
established framework of international law,
namely, any of the following acts:
(i) Intentionally directing attacks against the civilian population
as such or against individual civilians not taking direct part
in hostilities;
(ii) Intentionally directing attacks against buildings, material,
medical units and transport, and personnel using the distinctive
emblems of the Geneva
Conventions in conformity with international law;
(iii) Intentionally directing attacks against personnel, installations,
material, units or vehicles involved in a humanitarian assistance
or peacekeeping mission
in accordance with the Charter of the United Nations, as long
as they are entitled to the protection given to civilians or civilian
objects under the law of
armed conflict;
(iv) Intentionally directing attacks against buildings dedicated
to religion, education, art, science or charitable purposes, historic
monuments, hospitals and
places where the sick and wounded are collected, provided they
are not military objectives;
(v) Pillaging a town or place, even when taken by assault;
(vi) Committing rape, sexual slavery, enforced prostitution,
forced pregnancy, as defined in article 7, paragraph 2 (f), enforced
sterilization, and any other
form of sexual violence also constituting a serious violation
of article 3 common to the four Geneva Conventions;
(vii) Conscripting or enlisting children under the age of
fifteen years into armed forces or groups or using them to participate
actively in hostilities;
(viii) Ordering the displacement of the civilian population
for reasons related to the conflict, unless the security of the
civilians involved or imperative military
reasons so demand;
(ix) Killing or wounding treacherously a combatant adversary;
(x) Declaring that no quarter will be given;
(xi) Subjecting persons who are in the power of another party
to the conflict to physical mutilation or to medical or scientific
experiments of any kind which
are neither justified by the medical, dental or hospital treatment
of the person concerned nor carried out in his or her interest,
and which cause death to or
seriously endanger the health of such person or persons;
(xii) Destroying or seizing the property of an adversary unless
such destruction or seizure be imperatively demanded by the necessities
of the conflict;
(f) Paragraph 2 (e) applies to armed conflicts not of an international
character and thus does not apply to situations of internal disturbances
and tensions, such as riots,
isolated and sporadic acts of violence or other acts of a similar
nature. It applies to armed conflicts that take place in the territory
of a State when there is protracted armed
conflict between governmental authorities and organized armed
groups or between such groups.
3. Nothing in paragraphs 2 (c) and (d) shall affect the responsibility
of a Government to maintain or re-establish law and order in the
State or to defend the unity and territorial integrity of the
State, by all legitimate means.
Article 9
Elements of Crimes
1. Elements of Crimes shall assist the Court in the interpretation
and application of articles 6, 7 and 8. They shall be adopted
by a two-thirds majority of the members of the Assembly of States
Parties.
2. Amendments to the Elements of Crimes may be proposed by:
(a) Any State Party;
(b) The judges acting by an absolute majority;
(c) The Prosecutor.
Such amendments shall be adopted by a two-thirds majority
of the members of the Assembly of States Parties.
3. The Elements of Crimes and amendments thereto shall be
consistent with this Statute.
Article 10
Nothing in this Part shall be interpreted as limiting or prejudicing
in any way existing or developing rules of international law for
purposes other than this Statute.
Article 11
Jurisdiction ratione temporis
1. The Court has jurisdiction only with respect to crimes
committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry
into force, the Court may exercise its jurisdiction only with
respect to crimes committed after the entry into force of this
Statute for that
State, unless that State has made a declaration under article
12, paragraph 3.
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.
Article 13
Exercise of jurisdiction
The Court may exercise its jurisdiction with respect to a
crime referred to in article 5 in accordance with the provisions
of this Statute if:
(a) A situation in which one or more of such crimes appears
to have been committed is referred to the Prosecutor by a State
Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears
to have been committed is referred to the Prosecutor by the Security
Council acting under Chapter VII of the
Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect
of such a crime in accordance with article 15.
Article 14
Referral of a situation by a State Party
1. A State Party may refer to the Prosecutor a situation in
which one or more crimes within the jurisdiction of the Court
appear to have been committed requesting the Prosecutor to
investigate the situation for the purpose of determining whether
one or more specific persons should be charged with the commission
of such crimes.
2. As far as possible, a referral shall specify the relevant
circumstances and be accompanied by such supporting documentation
as is available to the State referring the situation.
Article 15
Prosecutor
1. The Prosecutor may initiate investigations proprio motu
on the basis of information on crimes within the jurisdiction
of the Court.
2. The Prosecutor shall analyse the seriousness of the information
received. For this purpose, he or she may seek additional information
from States, organs of the United Nations,
intergovernmental or non-governmental organizations, or other
reliable sources that he or she deems appropriate, and may receive
written or oral testimony at the seat of the Court.
3. If the Prosecutor concludes that there is a reasonable
basis to proceed with an investigation, he or she shall submit
to the Pre-Trial Chamber a request for authorization of an investigation,
together with any supporting material collected. Victims may make
representations to the Pre-Trial Chamber, in accordance with the
Rules of Procedure and Evidence.
4. If the Pre-Trial Chamber, upon examination of the request
and the supporting material, considers that there is a reasonable
basis to proceed with an investigation, and that the case appears
to fall within the jurisdiction of the Court, it shall authorize
the commencement of the investigation, without prejudice to subsequent
determinations by the Court with regard to the jurisdiction
and admissibility of a case.
5. The refusal of the Pre-Trial Chamber to authorize the investigation
shall not preclude the presentation of a subsequent request by
the Prosecutor based on new facts or evidence
regarding the same situation.
6. If, after the preliminary examination referred to in paragraphs
1 and 2, the Prosecutor concludes that the information provided
does not constitute a reasonable basis for an investigation, he
or she shall inform those who provided the information. This shall
not preclude the Prosecutor from considering further information
submitted to him or her regarding the same situation in the
light of new facts or evidence.
Article 16
Deferral of investigation or prosecution
No investigation or prosecution may be commenced or proceeded
with under this Statute for a period of 12 months after the Security
Council, in a resolution adopted under Chapter VII of the
Charter of the United Nations, has requested the Court to that
effect; that request may be renewed by the Council under the same
conditions.
Article 17
Issues of admissibility
1. Having regard to paragraph 10 of the Preamble and article
1, the Court shall determine that a case is inadmissible where:
(a) The case is being investigated or prosecuted by a State
which has jurisdiction over it, unless the State is unwilling
or unable genuinely to carry out the investigation or
prosecution;
(b) The case has been investigated by a State which has jurisdiction
over it and the State has decided not to prosecute the person
concerned, unless the decision resulted
from the unwillingness or inability of the State genuinely to
prosecute;
(c) The person concerned has already been tried for conduct
which is the subject of the complaint, and a trial by the Court
is not permitted under article 20, paragraph 3;
(d) The case is not of sufficient gravity to justify further
action by the Court.
2. In order to determine unwillingness in a particular case,
the Court shall consider, having regard to the principles of due
process recognized by international law, whether one or more of
the
following exist, as applicable:
(a) The proceedings were or are being undertaken or the national
decision was made for the purpose of shielding the person concerned
from criminal responsibility for
crimes within the jurisdiction of the Court referred to in article
5;
(b) There has been an unjustified delay in the proceedings
which in the circumstances is inconsistent with an intent to bring
the person concerned to justice;
(c) The proceedings were not or are not being conducted independently
or impartially, and they were or are being conducted in a manner
which, in the circumstances, is
inconsistent with an intent to bring the person concerned to justice.
3. In order to determine inability in a particular case, the
Court shall consider whether, due to a total or substantial collapse
or unavailability of its national judicial system, the State is
unable to
obtain the accused or the necessary evidence and testimony or
otherwise unable to carry out its proceedings.
Article 18
Preliminary rulings regarding admissibility
1. When a situation has been referred to the Court pursuant
to article 13 (a) and the Prosecutor has determined that there
would be a reasonable basis to commence an investigation, or the
Prosecutor initiates an investigation pursuant to articles 13
(c) and 15, the Prosecutor shall notify all States Parties and
those States which, taking into account the information available,
would
normally exercise jurisdiction over the crimes concerned. The
Prosecutor may notify such States on a confidential basis and,
where the Prosecutor believes it necessary to protect persons,
prevent destruction of evidence or prevent the absconding of persons,
may limit the scope of the information provided to States.
2. Within one month of receipt of that notice, a State may
inform the Court that it is investigating or has investigated
its nationals or others within its jurisdiction with respect to
criminal acts
which may constitute crimes referred to in article 5 and which
relate to the information provided in the notification to States.
At the request of that State, the Prosecutor shall defer to the
State's investigation of those persons unless the Pre-Trial Chamber,
on the application of the Prosecutor, decides to authorize the
investigation.
3. The Prosecutor's deferral to a State's investigation shall
be open to review by the Prosecutor six months after the date
of deferral or at any time when there has been a significant change
of
circumstances based on the State's unwillingness or inability
genuinely to carry out the investigation.
4. The State concerned or the Prosecutor may appeal to the
Appeals Chamber against a ruling of the Pre-Trial Chamber, in
accordance with article 82, paragraph 2. The appeal may be heard
on an expedited basis.
5. When the Prosecutor has deferred an investigation in accordance
with paragraph 2, the Prosecutor may request that the State concerned
periodically inform the Prosecutor of the
progress of its investigations and any subsequent prosecutions.
States Parties shall respond to such requests without undue delay.
6. Pending a ruling by the Pre-Trial Chamber, or at any time
when the Prosecutor has deferred an investigation under this article,
the Prosecutor may, on an exceptional basis, seek authority
from the Pre-Trial Chamber to pursue necessary investigative steps
for the purpose of preserving evidence where there is a unique
opportunity to obtain important evidence or there is a
significant risk that such evidence may not be subsequently available.
7. A State which has challenged a ruling of the Pre-Trial
Chamber under this article may challenge the admissibility of
a case under article 19 on the grounds of additional significant
facts or
significant change of circumstances.
Article 19
Challenges to the jurisdiction of the Court or the admissibility
of a case
1. The Court shall satisfy itself that it has jurisdiction
in any case brought before it. The Court may, on its own motion,
determine the admissibility of a case in accordance with article
17.
2. Challenges to the admissibility of a case on the grounds
referred to in article 17 or challenges to the jurisdiction of
the Court may be made by:
(a) An accused or a person for whom a warrant of arrest or
a summons to appear has been issued under article 58;
(b) A State which has jurisdiction over a case, on the ground
that it is investigating or prosecuting the case or has investigated
or prosecuted; or
(c) A State from which acceptance of jurisdiction is required
under article 12.
3. The Prosecutor may seek a ruling from the Court regarding
a question of jurisdiction or admissibility. In proceedings with
respect to jurisdiction or admissibility, those who have referred
the
situation under article 13, as well as victims, may also submit
observations to the Court.
4. The admissibility of a case or the jurisdiction of the
Court may be challenged only once by any person or State referred
to in paragraph 2. The challenge shall take place prior to or
at the
commencement of the trial. In exceptional circumstances, the Court
may grant leave for a challenge to be brought more than once or
at a time later than the commencement of the trial.
Challenges to the admissibility of a case, at the commencement
of a trial, or subsequently with the leave of the Court, may be
based only on article 17, paragraph 1 (c).
5. A State referred to in paragraph 2 (b) and (c) shall make
a challenge at the earliest opportunity.
6. Prior to the confirmation of the charges, challenges to
the admissibility of a case or challenges to the jurisdiction
of the Court shall be referred to the Pre-Trial Chamber. After
confirmation of
the charges, they shall be referred to the Trial Chamber. Decisions
with respect to jurisdiction or admissibility may be appealed
to the Appeals Chamber in accordance with article 82.
7. If a challenge is made by a State referred to in paragraph
2 (b) or (c), the Prosecutor shall suspend the investigation until
such time as the Court makes a determination in accordance with
article 17.
8. Pending a ruling by the Court, the Prosecutor may seek
authority from the Court:
(a) To pursue necessary investigative steps of the kind referred
to in article 18, paragraph 6;
(b) To take a statement or testimony from a witness or complete
the collection and examination of evidence which had begun prior
to the making of the challenge; and
(c) In cooperation with the relevant States, to prevent the
absconding of persons in respect of whom the Prosecutor has already
requested a warrant of arrest under article
58.
9. The making of challenge shall not affect the validity of
any act performed by the Prosecutor or any order or warrant issued
by the Court prior to the making of the challenge.
10. If the Court has decided that a case is inadmissible under
article 17, the Prosecutor may submit a request for a review of
the decision when he or she is fully satisfied that new facts
have
arisen which negate the basis on which the case had previously
been found inadmissible under article 17.
11. If the Prosecutor, having regard to the matters referred
to in article 17, defers an investigation, the Prosecutor may
request that the relevant State make available to the Prosecutor
information on the proceedings. That information shall, at the
request of the State concerned, be confidential. If the Prosecutor
thereafter decides to proceed with an investigation, he or she
shall notify the State in respect of the proceedings of which
deferral has taken place.
Article 20
Ne bis in idem
1. Except as provided in this Statute, no person shall be
tried before the Court with respect to conduct which formed the
basis of crimes for which the person has been convicted or acquitted
by the Court.
2. No person shall be tried before another court for a crime
referred to in article 5 for which that person has already been
convicted or acquitted by the Court.
3. No person who has been tried by another court for conduct
also proscribed under articles 6, 7 or 8 shall be tried by the
Court with respect to the same conduct unless the proceedings
in
the other court:
(a) Were for the purpose of shielding the person concerned
from criminal responsibility for crimes within the jurisdiction
of the Court; or
(b) Otherwise were not conducted independently or impartially
in accordance with the norms of due process recognized by international
law and were conducted in a
manner which, in the circumstances, was inconsistent with an intent
to bring the person concerned to justice.
Article 21
Applicable law
1. The Court shall apply:
(a) In the first place, this Statute, Elements of Crimes and
its Rules of Procedure and Evidence;
(b) In the second place, where appropriate, applicable treaties
and the principles and rules of international law, including the
established principles of the international law of
armed conflict;
(c) Failing that, general principles of law derived by the
Court from national laws of legal systems of the world including,
as appropriate, the national laws of States that would
normally exercise jurisdiction over the crime, provided that those
principles are not inconsistent with this Statute and with international
law and internationally recognized
norms and standards.
2. The Court may apply principles and rules of law as interpreted
in its previous decisions.
3. The application and interpretation of law pursuant to this
article must be consistent with internationally recognized human
rights, and be without any adverse distinction founded on
grounds such as gender, as defined in article 7, paragraph 3,
age, race, colour, language, religion or belief, political or
other opinion, national, ethnic or social origin, wealth, birth
or other
status.
International War Crimes
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War Criminals