The ICC Statute provides that individuals who commit war crimes in either international or internal armed conflicts, crimes against humanity, genocide, and, eventually, aggression, can be prosecuted before the International Criminal Court. If found guilty, they can be sentenced to a maximum of life imprisonment.
The fact that someone is a serving or former head of state is no bar to his or her prosecution. Persons can be charged on the basis of their having perpetrated crimes or with command responsibility (civilian or military).
The ICC will be able to exercise jurisdiction over the nationals of States Parties or those who commit a crime on the territory of a State Party (the latter basis for the exercise of the Court’s jurisdiction would enable it try nationals of non-States Parties and is one of the main reasons for US opposition to the Statute).
Without in any way underrating the importance of the adoption of the ICC Statute and the eventual establishment of the Court itself, it is clear that the ICC should not be regarded as the panacea to international criminality. The adoption of the Statute has enormous international norm-creating significance. It helps to reinforce the idea that certain crimes are so heinious that they are the concern of the entire international community, and that those who commit them cannot hide behind their nationality or their positions.
The fact that someone is a serving or former head of state is no bar to his or her prosecution. Persons can be charged on the basis of their having perpetrated crimes or with command responsibility (civilian or military).
The ICC will be able to exercise jurisdiction over the nationals of States Parties or those who commit a crime on the territory of a State Party (the latter basis for the exercise of the Court’s jurisdiction would enable it try nationals of non-States Parties and is one of the main reasons for US opposition to the Statute).
Without in any way underrating the importance of the adoption of the ICC Statute and the eventual establishment of the Court itself, it is clear that the ICC should not be regarded as the panacea to international criminality. The adoption of the Statute has enormous international norm-creating significance. It helps to reinforce the idea that certain crimes are so heinious that they are the concern of the entire international community, and that those who commit them cannot hide behind their nationality or their positions.