A critical analysis of the roles of the International criminal court (ICC) and the International criminal tribunals (ICTs) over crimes against humanity and global terrorism

TABLE OF CONTENTS

Table of Statutes

List of Abbreviations

CHAPTER ONE: INTRODUCTION
1.0 Introduction to Research Thesis
1.1 Background of Study
1.2 Statement of Problem
1.3 Research Objectives
1.4 Research Questions
1.5 Research Methodology

CHAPTER TWO: INTERNATIONAL CRIMES
2.0 Introduction
2.1 The Nature of International Crimes
2.2 Genocide
2.3 War crimes
2.4 Crimes of Aggression
2.5 Crimes Against Humanity
2.6 The Nature of Global Terrorism
2.7 The Incidence of Global Terrorism (Terrorism in Europe, the Middle East and Nigeria, a Comparative Analysis)

CHAPTER THREE: THE INTERNATIONAL CRIMINAL TRIBUNALS (ICTs) and THE INTERNATIONAL CRIMINAL COURT (ICC) 21
3.0 Introduction
3.1 The International Criminal Tribunal (ICTs)
3.2 The International Criminal Tribunal for the Former Yugoslavia (ICTY)
3.3 The International Criminal Tribunal for Rwanda (ICTR)
3.4 The International Criminal Court (ICC)

CHAPTER FOUR: A CRITICAL ANALYSIS OF THE ROLES & JURISDICTION OF THE ICC OVER CRIMES AGAINST HUMANITY AND GLOBAL TERRORISM
4.0 Introduction
4.1 Critical Analysis of the Jurisdiction of the ICC Over Crimes Against Humanity and Global Terrorism

CHAPTER FIVE: RECOMMENDATIONS AND CONCLUSION 44
5.0 Introduction
5.1 Recommendations
5.2 Conclusion

BIBLIOGRAPHY

TABLE OF CASES

1. 1948 HOSTAGES CASE (1948) 11 TWC 757

2. BUTARE, PROSECUTOR V NYIRAMASUHUKO (PAULINE) AND ORS CASE NO ICTR-97- 21-T (OFFICIAL CASE NO) ICL 854 (ICTR 2001) ….

3. PROSECUTOR V. M IĆO STANIŠI Ć AND STOJAN ZUPLJANIN (IT-08-91) INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA (ICTY), 19 MARCH 2009.

4. PROSECUTOR V. MILOMIR STAKIC (APPEAL JUDGEMENT), IT-97-24- A, INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA (ICTY), 22 MARCH 2006

5. PROSECUTOR V. SLOBODAN MILOSEVIC, IT-02-54-A-R77.4, INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA (ICTY), 29 AUGUST 2005

6. THE PROSECUTOR V. JEAN KAMBANDA (JUDGEMENT AND SENTENCE), ICTR 97-23- S, INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA (ICTR), 4 SEPTEMBER 1998

7. THE PROSECUTOR V. THOMAS LUBANGA DYILO [ICC-01/04-01/06]

TABLE OF STATUTES

NIGERIA

- Terrorism Prevention (Amendment) act (2013) of Nigeria act no. 10.

FOREIGN

- UN General Assembly, Rome Statute of the International Criminal Court 17 July 1998.
- Statute of The International Criminal Tribunal for Rwanda (ICTR) S/Res/955 (1994).
- Statute of The International Criminal Tribunal for The Former Yugoslavia (ICTY) S/Res/827(1993).
- UN General Assembly, Convention On the Prevention and Punishment of the Crime of Genocide, 9 December 1948, United Nations, Treaty Series, Vol. 78, P. 277.
- The Hague Conventions (1899 & 1907) 187 cts 227; 1 Bevans 631; International Conferences (The Hague), Hague Convention (iv) Respecting The Laws and Customs of War On Land and Its Anne-: Regulations Concerning the Laws and Customs of War On Land, 18 October 1907.
- The Geneva Conventions (1949) 75 Unts287.
- 1994 United Nations Declaration On Measures to Eliminate International Terrorism Anne- to UN General Assembly Resolution 49/60,"Measures to Eliminate International Terrorism", Of December 9, 1994 Un Doc. A/Res/60/49.
- European Union: Council of The European Union, Council Framework Decision 2002/475 On Combating Terrorism, 13 June 2002, 2002/475/Jha.
- UN General Assembly, International Convention for The Suppression of Terrorist Bombings, 15 December 1997, No. 37517.
- UN General Assembly, International Convention for The Suppression of the Financing of Terrorism, 9 December 1999, No. 38349.
- UN General Assembly, International Convention for The Suppression of Acts of Nuclear Terrorism, 13 April 2005, A/59/766.
- The Nuremburg Charter [82 Unts 279; 59 Stat. 1544; 3 Bevans 1238; 39 Ajils 258] (1945).

LIST OF ABBREVIATIONS

Abbildung in dieser Leseprobe nicht enthalten

CHAPTER ONE

INTRODUCTION

1.0. INTRODUCTION TO RESEARCH THESIS

The ICTs and the ICC were institutions established to prosecute the most gruesome crimes most notably genocide, war crimes, crimes of aggression and crimes against humanity.¹ It was recognized that these crimes affect the world as a whole and are seriously detrimental to the maintenance of global peace and security; thus leading to the establishment of the ICTs which was followed up by the ICC. Though it is quite remarkable that the institution of the ICC is even in existence in the first place, it will be of no significant global importance if its jurisdiction is not in utility or isn’t fully realized. It has become pertinent and inescapable that the roles of the court be critically analysed with reference to instances in which its jurisdiction should be and has been invoked especially in issues of crimes against humanity as well as its jurisdiction over global terrorism.

1.1. BACKGROUND OF STUDY

The importance of the International criminal court (ICC) and the International criminal tribunals (ICTs) cannot be emphasized enough as they have undeniably been pivotal to the investigation, trials and prosecution of the most heinous crimes ever known to humanity. While the tribunals since the post-world war I era have served as impromptu mechanisms by which these crimes were duly prosecuted mostly relying on the principle of territorial jurisdiction,² the ICC was established pursuant to the Rome statute of the International Criminal court;³ as a lasting machinery through which these reprehensible crimes will be prosecuted; having a permanent seat in The Hague, Netherlands.⁴ Of course the matters in which the ICC and ICTs can exercise jurisdiction on are limited in scope. This is as a result of the general International law rule of state sovereignty and territorial jurisdiction which gives sovereign states the exclusive jurisdiction to investigate, try and prosecute criminal offences committed within jurisdiction de jure or de facto.⁵ However, there are some clearly defined crimes which have been the subject of jurisdiction of the ICTs and the ICC although this jurisdiction is not exclusive as the International criminal court is only an institution of last resort i.e. The ICC is mandated to only exercise its jurisdiction over the crimes when the state(s) where the atrocities were committed is/are unable or unwilling to prosecute perpetrators of the offences⁶ which is a regular occurrence. These crimes affect the international community as hundreds, thousands and even millions of lives are usually claimed in the eventualities of the crimes. The crimes have been broadly identified as Genocide, war crimes, crimes of aggression and crimes against humanity as clearly elucidated in the Rome statute.⁷ Thus since the 1990s, various ad hoc International Criminal Tribunals and indeed the permanent court have been set up to investigate, try and prosecute crimes falling under the broad categories. It must however be noted that most of these International Criminal Tribunals have wrapped up operations. While the writer acknowledges that the roles, jurisdiction and scope of powers of the court has been well elucidated in the statute,⁸ it is submitted that the extent of these roles and powers have not been fully realised notwithstanding the fact that the institution has been lauded as a potentially effective machinery towards the achievement of world peace and security.

With regards to the jurisdiction of the ICC in the investigation, trial and prosecution of crimes against humanity, these crimes are considered as serious violations and breaches of humanitarian laws and usually encompass a host of the most atrocious crimes known to humanity most of which are in flagrant contravention of the natural inalienable rights of man. The writer chooses to use the term “crimes against humanity” for all relevant crimes which will be discussed further as they can also easily be grouped as contraventions of humanitarian laws. The Rome statute ⁹ provides for eleven categories of crimes which falls under the broad category including Murder, Torture, Apartheid, forced disappearance, extermination, attacks directed against any civilian population amongst others. In as much as the jurisdiction of the court to investigate, try and prosecute crimes against humanity have been invoked a number of times, the general consensus of most states is that the ICC has mostly failed in its role in fighting crimes against humanity especially taking into consideration the fact that the institution has been in existence since 2003.¹⁰

On the subject matter of global terrorism, questions continue to linger as to whether the international criminal court can properly prosecute global terrorism. In 2014, it was reported that the number of people killed by terrorists’ attacks rose by eighty percent reaching an all-time high of about thirty-three thousand and since 2000, the annual death toll from terrorism has increased nine fold.¹¹ Furthermore, terrorists attacks are becoming more focused on civilians and less focused on military, political and civilian targets.¹² The atrocious nature of terrorism cannot be ignored as it constantly threatens the lives and properties of members of the international community and even poses a greater threat to the future if its activities cannot be curtailed. Even though “terrorism” is not expressly listed among the categories of crimes on which the ICC can competently exercise jurisdiction, it is quite apparent that the institution has a big role to play in its prosecution as it is a crime which affects world peace and security as a whole owing to its villainous nature. It is only right that terrorism comes under the jurisdiction of the ICC being the only permanent international court with a universal jurisdiction over criminal offences.

Thus in the discourse of this paper, the history and scope of international crimes shall be examined as well as the rationale behind the establishment of the ICTs and the ICC. Also in understanding the jurisdiction of the ICC over these crimes, the transition from the International criminal tribunals (ICTs) to the International criminal court (ICC) will be discussed accordingly. The roles and jurisdictional ambit of the ICC most especially as it concerns crimes against humanity and global terrorism shall also be scrutinised; the writer shall also seek to Identify some fundamental flaws in critical areas which have continually frustrated the court in its assumption of jurisdiction on these crimes. Finally, the paper shall tender recommendations towards addressing the issues impeding on the jurisdiction of the court to properly entertain cases in which the relevant crimes have been committed.

1.2. STATEMENT OF THE PROBLEM

The International criminal court (ICC) was set up as a court of last resort to assist member states in exercising jurisdiction over some specific offences pursuant to the Rome statute ¹³ when states are generally unable or unwilling to exercise jurisdiction over these offences; however the court is generally considered a failure partly due to its inability to properly prosecute crimes against humanity; a crime which falls under its jurisdiction.¹⁴ The court is also perceived not to have competence to entertain matters on global terrorism despite the fact that it remains in the best position to do so.

1.3. RESEARCH OBJECTIVES

The overall aim of this research paper is to first of all establish the nature of International crimes then the paper shall examine the development of the ICTs and ICC since inception and to determine the extent to which the jurisdiction of the ICC has been successfully invoked in the areas of crimes against humanity and global terrorism. The paper also aims to Identify those factors which have continually hindered the exercise of jurisdiction of the court over these crimes. Finally, and most importantly, the paper aims to proffer solutions to issues preventing the ICC from full performance of its roles.

1.4. RESEARCH QUESTIONS

A. What are International crimes?
B. What is the rationale behind the transition from the ICTs to the ICC? C. What crimes does the jurisdiction of the ICC cover?
C. What crimes does the jurisdiction of the ICC cover?
D. Which crimes can be regarded as crimes against humanity and to what extent has the jurisdiction of the ICC with regards to crimes against humanity been successfully invoked?
E. What are the problems which have continually hindered the ICC from proper exercise of its jurisdiction over crimes against humanity?
F. What is global terrorism and why has there been a continuous inability of the ICC to prosecute it?
G. To what extent can it be said that global terrorism falls under the scope of crimes considered as crimes against humanity as elucidated in the Rome statute¹⁵ ?
H. What solutions are available to solve the various issues confronting the ICC in the exercise of jurisdiction over the relevant crimes.

1.5. RESEARCH METHODOLOGY

The method of research shall be analytical as relevant facts, Information and statutes shall be thoroughly scrutinised to enable the writer form opinions and make a critical evaluation of the subject matter.

CHAPTER TWO

INTERNATIONAL CRIMES

2.0. INTRODUCTION

In as much as the crux of this paper is on the jurisdiction of the International criminal court and the International criminal tribunals in the prosecution of crimes against humanity and global terrorism, it will be pertinent to first of all establish the nature of International crimes as a whole and such crimes falling under this category. Thus, this chapter shall focus on the nature of international crimes, the crimes which fall under the jurisdiction of the court and tribunals shall also be discussed. More emphasis shall however be laid on crimes against humanity. The chapter shall also discuss the nature and incidence of global terrorism and shall in the process, provide a comparative analysis on the status of global terrorism in Nigeria and other parts of the world.

2.1. THE NATURE OF INTERNATIONAL CRIMES

International crimes have been defined as Crimes which affect the peace or safety of more than one state or which are so reprehensible in nature as to justify the intervention of international agencies in the investigation and prosecution thereof.¹⁶ Also in the 1948 Hostages case,¹⁷ an international crime was defined as "such an act universally recognized as criminal, which is considered a grave matter of international concern and for some valid reason cannot be left within the exclusive jurisdiction of the state that would have control over it under ordinary circumstances”

Thus for a crime to be considered as international, it must have the effect of wreaking havoc on the international community else it would be confined to the status of a domestic crime only capable of investigation and prosecution by the appropriate domestic courts.

International crimes generally must entail individual responsibility and it must offend the values protected by International law i.e. offensive to the international community and the crimes must contain elements of universality. It must be noted that Prosecution of International crimes began post-world war I when theNuremburg Tribunalwas founded.¹⁸

With the creation of theInternational Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), the International Criminal Court (ICC)and several other internationalised or hybrid criminal courts, international crimes have been prosecuted and the concept of international crimes started developing and is still evolving as we speak. Over the years, this development has been guided and supported by theInternational Law Commission (ILC). ¹⁹ It has been generally agreed upon that certain crimes, such as war crimes, crimes against humanity, genocide and the crime of aggression are considered to have the status of ‘international crimes’.²⁰

2.2. GENOCIDE

Article 2 of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide ²¹ defines genocide as;

"any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: 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; [and] forcibly transferring children of the group to another group."

The word “genocide” was first coined by Polish lawyerRaphael Lemkinin 1944 in his book “Axis Rule in Occupied Europe”. It consists of the Greek prefix genos, meaning race or tribe, and the Latin suffix cide, meaning killing. Thus, the ultimate aim of genocide is to eradicate or exterminate an identifiable group of people.

Genocide has arguably been practiced throughout history though the term “genocide” is a relatively new one. The 20th century events often cited by various scholars and jurists as genocide include; The 1915 Armenian massacre by the Turkish-led Ottoman empire, The extermination of about 6 million European Jews by Adolf Hitler in Nazi Germany during world war II (The Holocaust) and the killing of the Tutsi by the Hutu in Rwanda in the 1990s.²² Genocide was first prosecuted at the Nuremburg tribunals where the perpetrators behind the killings of Jews in Nazi Germany were tried.²³ It was also prosecuted by the International criminal tribunal for Rwanda following the Rwandan genocide.²⁴ The United Nations Security Council by Resolution 96-1 of December 1946, made the crime of genocide punishable under international law and then approved Resolution 260-III (December 1948), which provided the text of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide; ²⁵ making it the first UN human rights treaty. The convention, which entered into force in 1951, has been ratified by more than 130 countries.

Also. Genocide is a crime which falls under the jurisdiction of the Rome Statute ²⁶ and for the purposes of investigation and prosecution includes; (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.²⁷

2.3. WAR CRIMES

Generally, the term “war crime” has been difficult to define with precision, this is because there are many violations of humanitarian laws which constitutes war crimes. for instance, the Rome statute provides for more than fifty categories of crimes which fall under the category.²⁸ However, to summarize the nature of war crimes as provided for in the statute, it can be defined as “serious violations of the laws and customs applicable in international armed conflict” and “serious violations of the laws and customs applicable in an armed conflict not of an international character”.²⁹ Some of these crimes as provided for in paragraph (2)(b) of article 8 include; Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities; Intentionally directing attacks against civilian objects, that is, objects which are not military objectives; 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; Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives; amongst others.

The Hague Conventions (1899 & 1907) ³⁰ and the Geneva Conventions (a series of four conventions signed in 1949) have been adopted as treaties amongst states to regulate the conduct of parties to war. The Hague Conventions of 1899 and 1907 were the first multilateral treaties that addressed the conduct of warfare and were closely modelled after the Lieber code which was signed and issued by U.S President Abraham Lincoln to the Union Forces of the United States on 24 April 1863, during the American Civil war. While the Geneva conventions are a series of four treaties signed in 1949 along with three additional protocols (1977 & 2005) that were signed to establish the standards of International law for humanitarian treatment in war. The Geneva conventions have been ratified by every single member state of the United Nations and are generally accepted as customary international law which are applicable to all situations of armed conflict around the world;³¹ however, the protocols adopted in 1977 containing the most pertinent and detailed protections of international humanitarian laws for persons and objects in modern warfare have still not been ratified by a number of States continuously engaged in armed conflicts, namely the United States, Israel, India, Pakistan, Iraq, Iran, and others.

Over the years, a number of tribunals have been set up to prosecute various criminals of war and some of them include;The Leipzig War Crimes Tribunal(Where a small number of German military personnel of the First World War were tried in 1921 by the German Supreme Court for alleged war crimes),The Nuremburg trials of 1945(Notable for the revitalisation of the nature of war crimes and also where most of the war criminals of Nazi Germany were prosecuted) and also theInternational Military Tribunal for the Far East 1946(Where Twenty-eight Japanese military and political leaders were charged with 55 separate counts encompassing the waging of aggressive war, murder and conventional war crimes committed against prisoners-of-war, civilian internees and the inhabitants of occupied territories).³² It must however be noted that these tribunals were formed by the allied powers (victors of the wars) following the principles established by International law against war crimes. The war crimes committed in former Yugoslavia and Rwanda have also been prosecuted by theInternational Criminal Tribunal for the Former Yugoslavia (ICTY)³³ and theInternational Criminal Tribunal for Rwanda(ICTR)³⁴ respectively. However, cases of war crimes post-establishment of the Rome statute of the International criminal court (ICC) is to be prosecuted by the court.³⁵

2.4. CRIMES OF AGGRESSION

According to the Rome Statute,³⁶ “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. Such acts include but are not limited to invasion, military occupation, annexation by the use of force, bombardment, and military blockade of ports.³⁷ The crime of aggression is a leadership crime. A suspect must be in a position to “effectively exercise control over or to direct the political or military action of a state.³⁸

Examples of trials against perpetrators of the crime of aggression can be found in the jurisprudence of theNuremberg and Tokyo Tribunals.Rudolf Hesswas the only Nuremberg defendant who was convicted exclusively on account of crimes against the peace, while 11 other defendants, were sentenced for crimes against peace and traditional war crimes. Also, The International Military Tribunal for the Far East convicted 23 defendants for the waging of aggressive war.³⁹

Since 1946 there have been no domestic or international trials for alleged crimes of aggression, although the Security Council has on occasion determined that acts of aggression were committed by for example South Africa and Israel.⁴⁰

2.5.CRIMES AGAINST HUMANITY

The phrase ‘crimes against humanity’ was first employed internationally in the 1915 declaration by the governments of Great Britain, France and Russia which condemned the Ottoman Empire of the Turkish government for the alleged massacres of Armenians as “crimes against humanity and civilization for which all the members of the Turkish Government will be held responsible together with its agents implicated in the massacres”⁴¹ The term (or very similar terms) was used in the context of slavery and the slave trade, and to describe atrocities associated with European colonialism in Africa and all over the world such as, for example, the atrocities committed byLeopold IIof Belgium in the Congo Free State. Even with all these events it was only after the second world war in 1945 that crimes against humanity were prosecuted at both theInternational Military Tribunal (IMT) Nuremburg, and the International Military Tribunal (IMT) Tokyo.⁴² Since then however, TheUnited Nationshas been primarily responsible for the prosecution of crimes against humanity since it was chartered in 1948. the notion of crimes against humanity has seen rapid surge under International law especially given the fact that theInternational Law Commissionwas charged by theUnited Nations General Assemblywith the formulation of the principles of international law recognized and reinforced in theNuremberg Charterand judgment, and with drafting a ‘code of offenses against the peace and security of mankind’, which essentially laid a foundation for the scope of such crimes recognised by the Rome statute. Crimes against humanity has been prosecuted accordingly by other tribunals such as theICTYand theICTRas will be addressed in the next chapter. Also worthy of mention are the TheSpecial Court for Sierra Leone, or the "Special Court" (SCSL), also called theSierra Leone Tribunal, set up by the government of Sierra Leone and the United Nations to "prosecute persons who bear the greatest responsibility for serious violations of International humanitarian law and Sierra Leonean law" committed in Sierra Leone after 30 November 1996 and during the Sierra Leone civil war and theCambodia TribunalorKhmer Rouge Tribunal, a court established to try the most senior responsible members of the Khmer Rouge for alleged violations of international law and serious crimes perpetrated during the Cambodian genocide (Although it is a national court, it was established as part of an agreement between the Royal government of Cambodia and the United Nations, and its members include both local and foreign judges).

It is important to note at this point that unlike genocide and war crimes, crimes against humanity have not been codified in any single dedicated treaty of International law though there are efforts to do so.⁴³ However, it is a crime which falls under the jurisdiction of the ICC as provided in the Rome statute.⁴⁴ Article 7 ⁴⁵ then goes further to explicitly list eleven categories of crimes that are considered crimes against humanity. Pursuant to the aforementioned article, “crimes against humanity” means any of the following acts when committed as part of awidespread or systematic attackdirected 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; (i)The crime of apartheid; (j)Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.⁴⁶ Also, pursuant to paragraph 2 of the same provision, the meanings of most of these crimes provided for in paragraph 1 have been explained in great details.⁴⁷.

[...]

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¹ The continuous reluctance of some states to prosecute these gruesome crimes within jurisdiction necessitated the swift intervention of the international community to set up the tribunals and the court.

² Most notably the International Criminal Tribunal for the former Yugoslavia (ICTY) and the InternationalCriminal Tribunal for Rwanda (ICTR).

³ Rome Statute of the International Criminal Court 17 July 1998; available at: http://www.refworld.org/docid/3ae6b3a84.html [accessed 7 July 2018].

⁴ Ibid, Article 3(1).

⁵ Malcolm N. Shaw, International law, (6th ed, US, Cambridge University press 2008), pp. 652-658.

⁶ Supra note 3, Article 13,14.

⁷ Ibid, Article 5.

⁸ Ibid, note 3.

⁹ Ibid, Article 7.

¹⁰ Dan Donovan, ‘’INTERNATIONAL CRIMINAL COURT: SUCCESSES AND FAILURES’’ (23 MARCH, 2012), at https://intpolicydigest.org/2012/03/23/international-criminal-court-successes-and-failures/ (accessed 7 July 2017).

¹¹ John Cassidy, “FACTS ABOUT TERRORISM” (24 NOVEMBER 2015), at https://www.newyorker.com/news/john-cassidy/the-facts-about-terrorism (accessed 8 July 2015).

¹² Ibid.

¹³ Supra, note 3.

¹⁴ Supra, note 7.

¹⁵ Ibid.

¹⁶ Duhaime’s Law Dictionary; Available at http://www.duhaime.org/LegalDictionary/I/InternationalCrime.aspx [accessed on 14 August 2018].

¹⁷ (1948) 11 TWC 757.

¹⁸ Infra, note 78.

¹⁹ International Crimes Database; Available at http://www.internationalcrimesdatabase.org/Crimes/Introduction [Accessed on 14 August 2018].

²⁰ Rome Statute of the International Criminal Court 17 July 1998; available at: http://www.refworld.org/docid/3ae6b3a84.html [accessed 16 July 2018], Articles 5,6,7,8,8 bis.

²¹ UN General Assembly, Convention on the Prevention and Punishment of the Crime of Genocide, 9 December 1948, United Nations, Treaty Series, vol. 78, p. 277, available at: http://www.refworld.org/docid/3ae6b3ac0.html [accessed 19 July 2018].

²² George J. Andreopoulos “GENOCIDE” (last updated on 9 July 2018) https://www.britannica.com/topic/genocide [accessed 14 August 2018].

²³ Infra, note 78.

²⁴ Infra, note 93.

²⁵ Supra, note 21.

²⁶ Supra, note 20.

²⁷ Ibid, Article 6.

²⁸ Ibid, Article 8.

²⁹ Ibid.

³⁰ 187 CTS 227; 1 Bevans 631; International Conferences (The Hague), Hague Convention (IV) Respecting the Laws and Customs of War on Land and Its Annex: Regulations Concerning the Laws and Customs of War on Land, 18 October 1907, available at: http://www.refworld.org/docid/4374cae64.html [accessed 15 August 2018].

³¹ International Committee of the Red Cross; Available at https://www.icrc.org/en/document/geneva-conventions- 1949-additional-protocols [Accessed 15 August 2018 .

³² Encyclopaedia Britannica; available at https://www.britannica.com/topic/war-crime [accessed 15 August 2018].

³³ Infra, note 84.

³⁴ Infra, note 93.

³⁵ Supra, note 20; Article 11(1).

⁴⁰ Ibid.

³⁶ Ibid, Article 8 bis.

³⁷ Ibid, paragraph 2.

³⁸ Mauro Politi, The ICC and the Crime of Aggression, Journal of International Criminal Justice 10 (2012) pp. 285- 286.

³⁹ International Crimes Database; Available at http://www.internationalcrimesdatabase.org/Crimes/CrimeOfAggression [accessed 15 August 2018].

⁴¹ International Crimes Database; Available at http://www.internationalcrimesdatabase.org/Crimes/CrimesAgainstHumanity [accessed 15 August 2018].

⁴² Ibid.

⁴³ Ibid.

⁴⁴ Rome Statute of the International Criminal Court 17 July 1998; available at: http://www.refworld.org/docid/3ae6b3a84.html [accessed 21 July 2018], Article 5(1)(b).

⁴⁵ Ibid.

⁴⁶ Ibid, Article 1.

⁴⁷ Ibid, Article 7(2).