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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:
In recent months, the jurisdiction of the International Criminal Court (ICC) has been under harsh scrutiny by many Filipinos. Therefore, to give us a better understanding of what the ICC is and whether or not it has jurisdiction to try criminal cases here in our country, here are some key points gathered from the ICC’s booklet “Understanding the International Criminal Court”, published in 2020.
In recent months, the jurisdiction of the International Criminal Court (ICC) has been under harsh scrutiny by many Filipinos. Therefore, to give us a better understanding of what the ICC is and whether or not it has jurisdiction to try criminal cases here in our country, here are some key points gathered from the ICC’s booklet “Understanding the International Criminal Court”, published in 2020.
The ICC, seated in The Hague, The Netherlands, is a permanent international court established to investigate, prosecute and try individuals accused of committing the most serious crimes of concern to the international community, particularly the crime of genocide, crimes against humanity, war crimes and the crime of aggression.
In July 1988, one hundred twenty (120) States ratified a statute in Rome – the Rome Statute, establishing the ICC.
The ICC can only intervene if a State is unable or unwilling to investigate and prosecute the individuals accused of committing the most serious crimes. It 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.
On the issue of whether the ICC’s jurisdiction is time bound, the ICC has jurisdiction only with respect to events which occurred after the entry into force of its Statute on 1 July 2002.
Therefore, if a State becomes a party to the Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of the Statute for that State, unless that State has made a declaration accepting the jurisdiction of the ICC retroactively.
The Court cannot exercise jurisdiction with respect to events which occurred before 1 July 2002. For a new State Party, the Statute enters into force on the first day of the month after the 60th day following the date of the deposit of its instrument of ratification, acceptance, approval or accession.
Heads of State or Government, ministers and other officials who hold high political or military office are not exempt from criminal responsibility before the ICC. In fact, they may be held responsible for crimes committed by their subordinates or those acting under their command or orders.
CRIMES UNDER THE JURISDICTION OF THE ICC
GENOCIDE
“Genocide” means any of the following acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial
or religious group:
▪ killing members of the group;
▪ causing serious bodily or mental harm to members of the group;
▪ deliberately inflicting on the group conditions of life calculated to bring about
its physical destruction in whole or in part;
▪ imposing measures intended to prevent births within the group;
▪ forcibly transferring children of the group to another group.
CRIMES AGAINST HUMANITY
“Crimes against humanity” include any of the following acts committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
▪ murder;
▪ extermination;
▪ enslavement;
▪ deportation or forcible transfer of population;
▪ imprisonment;
▪ torture;
▪ rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
▪ persecution against an identifiable group on political, racial, national, ethnic, cultural, religious or gender grounds;
▪ enforced disappearance of persons;
▪ the crime of apartheid;
▪ other inhumane acts of a similar character intentionally causing great suffering or serious bodily or mental injury
WAR CRIMES
“War crimes” include grave breaches of the Geneva Conventions and other serious violations of the laws and customs applicable in international armed conflict and in conflicts “not of an international character” listed in the Rome Statute, when they are committed as part of a plan or policy or on a large scale. These prohibited acts include:
▪ murder;
▪ mutilation, cruel treatment and torture;
▪ taking of hostages;
▪ intentionally directing attacks against the civilian population;
▪ intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historical monuments or hospitals;
▪ pillaging;
▪ rape, sexual slavery, forced pregnancy or any other form of sexual violence;
▪ conscripting or enlisting children under the age of 15 years into armed forces or groups or using them to participate actively in hostilities.
CRIME OF AGGRESSION
“Crime of aggression” means the planning, preparation, initiation or execution of an act of using armed force by a State against the sovereignty, territorial integrity or political independence of another State. The act of aggression includes, among other things, invasion, military occupation, and annexation by the use of force, blockade of the ports or coasts, if it is considered being, by its character, gravity and scale, a manifest violation of the Charter of the United Nations. The perpetrator of the act of aggression is a person who is in a position effectively to exercise control over or to direct the political or military action of a State.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 0917-5772207/ 09778050020.
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