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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
“Crimes against humanity” include any of the following acts committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
▪ murder;
▪ extermination;
▪ enslavement;
▪ deportation or forcible transfer of population;
▪ imprisonment;
▪ torture;
▪ rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
▪ persecution against an identifiable group on political, racial, national, ethnic, cultural, religious or gender grounds;
▪ enforced disappearance of persons;
▪ the crime of apartheid;
▪ other inhumane acts of a similar character intentionally causing great suffering or serious bodily or mental injury
Which courts have jurisdiction to try crimes against humanity?
National courts can investigate and prosecute the individuals accused of committing crimes against humanity.
However, if a state is a party to the Rome Statute, the International Criminal Court (ICC) may intervene if the said state is unable or unwilling to investigate and prosecute the individuals accused of committing the most serious crimes.
It is important to note that the ICC is not a substitute for national courts but rather complements them when they need reinforcement. By becoming a party to the Rome Statute, the State agrees to submit itself to the jurisdiction of the ICC with respect to the crimes enumerated in the Statute. (“Understanding the International Criminal Court”, 2020)
What happens when a situation is referred to the ICC for investigation?
According to the “Understanding the International Criminal Court” published in 2020, the Prosecutor determines whether, after a thorough analysis of the available information or evidence, there is a reasonable basis to initiate an investigation. The Prosecution must determine whether or not the national authorities of the State Party wherein the crimes against humanity were committed are conducting a genuine investigation or trial of the alleged perpetrators of the crimes.
Note that the Prosecution must also establish that the crimes against humanity were committed after 1 July 2002, the date the Rome Statute took effect.
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