Complaints to the International Criminal Court
The International Criminal Court's founding treaty, the Rome Statute, provides that individuals or organizations may submit information on crimes within the jurisdiction of the Court.[1] These submissions are referred to as "communications to the International Criminal Court".
As of end September 2010, the Office of the Prosecutor had received 8,874 communications about alleged crimes. After initial review, 4,002 of these communications were dismissed as "manifestly outside the jurisdiction of the Court".[1] The ICC has opened investigations in Afghanistan, the Central African Republic, Côte d'Ivoire, Darfur in Sudan, the Democratic Republic of the Congo, Kenya, Libya, Uganda, Bangladesh/Myanmar, Palestine, the Philippines, and Venezuela.[2] Additionally, the Office of the Prosecutor conducted preliminary examinations in situations in Bolivia, Colombia, Guinea, Iraq / the United Kingdom, Nigeria, Georgia, Honduras, South Korea, Ukraine and Venezuela.[3][4] Preliminary investigations were closed in Gabon; Honduras; registered vessels of Comoros, Greece, and Cambodia; South Korea; and Colombia on events since 1 July 2002.[3][5][6]
Some of the communications received by the Prosecutor alleged that crimes had been committed on the territory of states parties to the Court, or by nationals of states parties: in such cases, the Court may automatically exercise jurisdiction. Other communications concerned conduct outside the jurisdiction of states parties: in these cases, the Court can only act if it has received a referral by the United Nations Security Council or a declaration by the relevant state allowing the Court to exercise jurisdiction.
Communications from individuals and organisations should not be confused with referrals from states parties or the United Nations Security Council.[7]
Procedure
[edit]The court's founding treaty, the Rome Statute, provides that individuals or organizations may submit to the Prosecutor information on crimes within the jurisdiction of the Court. These submissions are referred to as "communications". Before an investigation is opened, each communication is subject to three levels of analysis: initial review, basic reporting and intensive analysis.[1]
Initial review
[edit]![](https://upload.wikimedia.org/wikipedia/commons/thumb/e/e2/ICC_complaints_2006.png/350px-ICC_complaints_2006.png)
Every time a complaint is received, the Prosecutor must "analyse the seriousness of the information received"[8] and decide whether there is a reasonable basis to open an investigation. The process begins with an initial review, during which many of the communications received are dismissed as "manifestly outside the jurisdiction of the Court". Of the communications received before 1 February 2006, 80% were dismissed for the following reasons:
- 5% concerned events prior to 1 July 2002. The court can only investigate crimes committed on or after that date.
- 24% concerned allegations "manifestly outside the subject-matter jurisdiction of the Court". The court can only prosecute three types of crime: genocide, crimes against humanity, and war crimes. Communications have been received about such topics as immigration issues, medical negligence, social security and pension complaints, and employment law. The court also received communications about the crime of aggression, which became a crime under the jurisdiction for the court on 17 July 2018.[9]
- 13% concerned crimes that were "manifestly outside the personal or territorial jurisdiction of the Court". The Court can generally only prosecute crimes committed on the territory of, or by nationals of, states parties, and crimes referred by the United Nations Security Council.
- 38% of communications were "manifestly ill-founded because they faltered on multiple jurisdictional grounds or otherwise did not provide a basis for analysis. Examples include general conspiracy claims without specific details; general concerns about local or national politics; or communications failing to provide facts susceptible to analysis."
Analysis and investigation
[edit]Once it has been determined that a communication is not manifestly outside the court's jurisdiction, the situation is subject to "basic reporting". This involves "simple factual and legal analysis, drawing on communications, referrals, and readily available public information". It was reported that between June 2003 and February 2006, 23 situations had been subject to basic reporting.
Where warranted, a situation may then be subject to "intensive analysis". This involves collecting detailed information from open sources; conducting systematic crime analysis; examining factors such as gravity, complementarity and the interests of justice; seeking additional information; and, in advanced cases, planning for potential investigation. As of February 2006, 10 situations had been subject to intensive analysis; as of August 2008, the situations under analysis included Afghanistan, Chad, Colombia, Côte d'Ivoire, Georgia[5] and Kenya.
In deciding whether to open a formal investigation, the Prosecutor must consider four factors:
- whether there is a reasonable basis to believe that a crime within the jurisdiction of the Court has been committed;
- the gravity of the crimes;
- complementarity with national proceedings; and
- interests of justice.
Communications received
[edit]As of end September 2010, the Office of the Prosecutor had received 8,874 communications about alleged crimes. After initial review, 4,002 of these communications were dismissed as “manifestly outside the jurisdiction of the Court”.[1] Communications were received from individuals or groups in at least 103 different countries but, as of 1 February 2006, 60% of the communications originated in just four countries: the United States, the United Kingdom, France and Germany.
The situations listed below have been cited in the media as where communications have been submitted to the court.
Communications concerning states parties
[edit]As of July 2012, 121 countries are states parties to the Court.[10]
Afghanistan
[edit]Amnesty International and Human Rights Watch have both accused the Taliban of deliberately targeting civilians in Afghanistan, including teachers and aid workers.[11] Allegations have also been made of torture and prisoner abuse at the United States army base at Bagram Air Base[12] and by Afghan government ministers who were former warlords.[13] In April 2008, the Prosecutor confirmed he was undertaking an analysis of the situation there. Speaking in September 2009, he said he was investigating the Taliban, al-Qaeda and troops from the International Security Assistance Force. Allegations had included torture, "massive attacks" and excessive "collateral damage" and information has been obtained from NGOs operating there.[6]
Australia
[edit]In May 2014 immigration lawyer Tracie Aylmer lodged a complaint against Australian Prime Minister, Tony Abbott and others, in relation to Australia's treatment of asylum seekers. Ms Aylmer alleged Australia's policies violate Article 17(2) of the Rome Statute and that the Australian Government was committing atrocities in breach of Article 7 (Crimes Against Humanity) of the convention.[14] Australian Senator Andrew Wilkie made a similar formal request that the ICC investigate these matters in October 2014.[15] These claims are arguably supported by United Nations special rapporteur on torture Juan Mendez who found that "Australia has violated the right of the asylum seekers, including children, to be free from torture or cruel, inhuman or degrading treatment"[16] Over the course of 2015 a review into offshore detention and a Senate inquiry provided additional evidence of abuse.[17] While the ICC initially declared in September 2014 that "the allegations appear to fall outside the jurisdiction of the Court"[18] as of January 2015, the ICC was reviewing additional information.
Burundi
[edit]In February 2005 the United Nations Secretary General said[19] that three parties to the civil war in Burundi (a state party of the court) were using child soldiers or committing war crimes against children:
- The Party for the Liberation of the Hutu People of Agathon Rwasa, which was responsible for serious violations including the killing and maiming of children and attacking schools
- The National Council for the Defense of Democracy of Leonard Nyangoma
- The National Council for the Defense of Democracy-Forces for the Defense of Democracy of the current President of Burundi, Pierre Nkurunziza
The Chief Prosecutor has not announced whether he will formally decide to open an investigation into this matter.
Colombia
[edit]In February 2005 the United Nations Secretary General said that three parties to the armed conflict in Colombia (a state party of the court, but which has temporarily opted out of war crimes jurisdiction, for up to seven years) were using child soldiers or committing war crimes against children:[20]
- The United Self-Defence Forces of Colombia (AUC)
- The National Liberation Army (ELN)
- The Revolutionary Armed Forces of Colombia (FARC)
In April 2006, the UN High Commissioner for Human Rights office in Colombia said that FARC's attacks on civilians were war crimes within the jurisdiction of the ICC.[citation needed]
FIDH has called on the court to investigate the AUC for crimes against humanity.[21]
During the 2008 South American diplomatic crisis, the Colombian President Álvaro Uribe called on the court to prosecute Venezuelan President Hugo Chávez for financing FARC's "genocidal" actions.[22]
The Prosecutor has confirmed that the situation in Colombia is under analysis.
Comoros
[edit]On May 14, 2013, the government of the Comoros, represented by a Turkish law firm, filed a complaint demanding to investigate the loss of life on the ship Mavi Marmara when that ship was stopped by Israeli army authorities en route to the Gaza Strip. As a result, ICC prosecutor has decided to open a preliminary investigation into that case.[23]
Gambia
[edit]The Commonwealth Human Rights Initiative stated in September 2007 that they would make a complaint to the court concerning 44 Ghanaians who were allegedly executed in 2005 on the orders of the President of the Gambia, Yahya Jammeh after being accused of planning a coup against him.[24]
Georgia
[edit]A complaint has been received alleging that ethnic cleansing has been carried out by the Abkhazian government (not legally part of Georgia, a state party of the court) against ethnic Georgians. The Georgian state Minister for Conflict Resolution agreed that "human rights violations as well as crimes against humanity committed during the Georgian-Abkhaz conflict are difficult to dispute". The court has stated in a letter to the complainant that an investigation committee started looking into the case in 2004 and requested further information. However, a formal investigation has not yet been opened. The court only has jurisdiction over events that have taken place since its founding in July 2002.
In September 2009, the Prosecutor confirmed that he was gathering information about possible war crimes committed during the 2008 South Ossetia war.[6]
Honduras
[edit]In November 2010 the Prosecutor confirmed that he had started preliminary investigations into events surrounding the 2009 Honduran coup d'état.[25]
Iraq
[edit]![](https://upload.wikimedia.org/wikipedia/commons/thumb/0/07/Saddamcapture.jpg/220px-Saddamcapture.jpg)
In March 2003, the United States and its allies, the United Kingdom, Australia and Poland invaded Iraq. The UK, Australia and Poland are all states parties to the ICC Statute and therefore their nationals are liable to prosecution by the court for any relevant crimes. As the United States is not a state party, American citizens can only be prosecuted by the court if the crime takes place in the territory of another state party (e.g. Jordan), or if the situation is referred to it by the Security Council.
The Office of the Prosecutor of the International Criminal Court reported in February 2006 that it had received 240 communications in connection with the invasion of Iraq in March 2003 which alleged that various war crimes had been committed. Many of these communications concerned the British participation in the invasion, as well as the alleged responsibility for torture deaths whilst in detention in British-controlled areas.[26]
On 9 February 2006, Luis Moreno-Ocampo, Chief Prosecutor of the International Criminal Court, published a letter[27] that he had sent to all those who had communicated with him concerning the above, which set out his conclusions on these matters, following a preliminary investigation of the communications. He explained in his decision letter, that essentially two sets of communications were involved.
- Communications concerning the legality of the invasion itself;
- Communications concerning the conduct of hostilities between March and May 2003, which included allegations in respect of
- the targeting of civilians or clearly excessive attacks;
- willful killing or inhuman treatment of civilians.
The Prosecutor's conclusions were as follows:
- He did not have authority to consider the complaint about the legality of the invasion. Although the ICC Statute includes the crime of "aggression", it indicates that the Court may not exercise jurisdiction over the crime until a provision has been adopted which defines the crime and sets out the conditions under which the Court may exercise jurisdiction with respect to it.
- The available information did not provide sufficient evidence for proceeding with an investigation of the communications in connection with targeting of civilians or clearly excessive attacks.
- The available information did provide a reasonable basis for believing that there had been an estimated 4 to 12 victims of willful killing and a limited number of victims of inhuman treatment, totaling in all less than 20 persons. However this on its own was not sufficient for the initiation of an investigation by the ICC because the Statute requires consideration of admissibility before the Court, in light of the gravity of the crimes. Bearing in mind that a key consideration in this regard is the number of victims of particularly serious crimes, he concluded that the situation did not appear to meet the "gravity" threshold.
On 7 July 2006, the defense lawyers for Saddam Hussein wrote to the court, saying that the treatment of Hussein was a breach of the Geneva Conventions and hence a war crime.[28]
Italy
[edit]A complaint has been submitted to the court accusing the government of Italy of crimes against humanity in connection to the expulsion of Romani immigrants in Rome in October 2007.[29]
North Korea (Democratic Peoples Republic of Korea – DPRK)
[edit]On 6 December 2010, the Prosecutor announced a preliminary examination with regard to war crimes allegedly committed on the territory of South Korea. It is about:
- a. the shelling of Yeonpyeong Island on 23 November 2010, which resulted in the killing of South Korean marines and civilians and the injury of many others, and
- b. the sinking of the South Korean warship Cheonan by a torpedo allegedly fired from a North Korean submarine on 26 March 2010, which resulted in the death of 46 persons.
North Korea is not a state party to the Rome Statute, but as the events allegedly took place on the territory of South Korea, which is a state party, the ICC has jurisdiction over the alleged crimes.[30]
Nigeria
[edit]Sixteen foreign NGOs have called for an investigation into the killing of civilians as part of the Conflict in the Niger Delta, including the prosecution of Nigerian Army General Sarkin Yarkin-Bello.[31]
The "Socio-Economic Rights and Accountability Project" wrote to the International Criminal Court in 2010, asking them to investigate the 2010 Jos riots for potential crimes against humanity. The Prosecutor said the situation was being analysed to see if a case should be opened.[32] In January 2011 the Prosecutor said the government had been "very co-operative" and he would prepare a provisional report in the next six months.[33] In November it was stated that the report on the preliminary investigations in Jos would be published the next month.[34]
In November 2012 the prosecutor's office said that there were reasonable grounds to suspect that Boko Haram, a militant jihadist organisation based in Northern Nigeria, had committed crimes against humanity, specifically murder and persecution, since 2009. The office recommended that the Nigerian authorities prosecute those responsible or the ICC could do so itself.[35]
South Africa
[edit]Lawyers representing Khalid Rashid have made a complaint to the court regarding his arrest in South Africa and alleged extraordinary rendition. The court refused his lawyer's request for assistance in finding Rashid, saying his case was outside the jurisdiction of the court.[36]
Venezuela
[edit]On April 11, 2002 clashes between supporters and opponents of President Hugo Chávez during the attempted coup led to a complaint in January 2003 on behalf of some fifty individuals who allegedly suffered injuries, charging Chávez and 24 other officials with crimes against humanity and acts of terrorism. In February 2006, the court Prosecutor concluded that, thus far, there was no evidence of a widespread or systematic attack against any civilian population and hence the court could not continue the investigation.[37]
On December 17, 2008 a group of Venezuelan lawyers filed a complaint against Hugo Chávez before the Prosecutor of the International Criminal Court, accusing him of crimes against humanity based on recurrent violations of human rights of political and common prisoners in the country.[38][39]
In February 2018, the International Criminal Court announced that it would preliminary investigations into the abuse performed by Venezuelan authorities during the 2017 Venezuelan protests.[40]
Communications not concerning states parties
[edit]![]() | This article needs to be updated.(March 2022) |
The following communications relate to crimes that are not alleged to have been committed in the territory of a state party or by a national of a state party. In these cases, the Court can only exercise jurisdiction if:
- the situation is referred to the Prosecutor by the UN Security Council acting under Chapter VII of the Charter of the United Nations; or
- the state on whose territory the crime is alleged to have occurred, or the state whose national is accused of the crime, declares that it accepts the Court's jurisdiction with respect to the crime in question[41]
As of 2009[update], the Security Council had referred two situations (Darfur and Libya) to the Court, and only one non-state party (Côte d'Ivoire) had declared that it accepts the Court's jurisdiction. The Palestinian National Authority has also made a declaration accepting the Court's jurisdiction but, since the Palestinian territories are not recognised as a sovereign state, it is unclear whether the Palestinian Authority has the power to make such a declaration.[42][43]
Algeria
[edit]The Algerian Minister of National Solidarity Djamel Ould-Abbes in December 2007 said the government would file a complaint against Al-Jazeera at the court, saying they were spokesmen for the Al-Qaeda Organization in the Islamic Maghreb and complicit in the 11 December 2007 Algiers bombings. However, some of the victims' families said the minister was using Al-Jazeera as a way of avoiding the issue of amnesties.[44]
Bhutan
[edit]Nepali-speaking refugees from Bhutan have accused the Bhutanese government of "rape, torture and ethnic cleansing" in respect of the expulsion of Nepalese from Bhutan, and have said they will file a complaint with the court.[45]
China
[edit]In July 2020, the East Turkistan Government in Exile (ETGIE) and the East Turkistan National Awakening Movement (ETNAM) filed a complaint against the leadership of the People's Republic of China (PRC), including Chinese Communist Party (CCP) leader Xi Jinping, alleging that it had committed genocide and crimes against humanity in its treatment of the Uighur minority. While the PRC is not a party to the Rome Statute, and therefore does not accept the ICC's jurisdiction, the ETGIE and ETNAM cited a ruling in the case against Myanmar (also not party to the Rome Statute) for its treatment of the Rohingya which allowed the ICC's jurisdiction because part of the crime occurred within the territory of a state party, in this case Bangladesh. The ETGIE and ETNAM's complaint argue that that ruling allows the ICC to claim jurisdiction in its case because the PRC has been bringing Uyghurs from Tajikistan and Cambodia—both state parties to the ICC—into its territory and then committing the same crimes against them as they had been doing to resident Uyghurs.[46][47] On 14 December 2020, the office of Fatou Bensouda, the ICC Prosecutor, announced the conclusion of its preliminary investigation and that it would not proceed to a full investigation. The report cited the fact that all available evidence for alleged crimes originate from within China, meaning the Court has no territorial jurisdiction over the acts in question. However, the case file has been left open, meaning additional evidence can be submitted and the ICC could open an investigation in the future.[48]
Côte d'Ivoire
[edit]On 15 February 2005, the Court confirmed that Côte d'Ivoire, which is not a state party, had made a declaration in accordance with Article 12, paragraph 3 of the Rome Statute, accepting "the exercise of jurisdiction by the International Criminal Court with respect to crimes committed on its territory since the events of 19 September 2002".[49]
In May 2006 Human Rights Watch called on the court to send a mission to the country in order to bring an end to a culture of impunity.[50] It cited continuing human rights abuses against civilians by state security forces, militia and the New Forces rebels.
People accused of human rights abuses who could be tried include Simone Gbagbo, wife of President Laurent Gbagbo and Guillaume Soro the head of the New Forces rebel army.[51]
In October 2006 a United Nations report recommended that politicians obstructing the peace process should face trial at the ICC.[52]
In November 2006 the Prosecutor confirmed that the situation in Côte d'Ivoire was under analysis.
Egypt
[edit]In December 2011, the ruling military council (Supreme Council of the Armed Forces or SCAF) was referred to the court to look into crimes against humanity against civilians using nerve gas and other banned chemicals during the 2011 Egyptian revolution. The head of the council Tantawi as well as his deputy Anan and other council members were named as accomplices.
Israel / Palestine
[edit]In November 2006, the government of Yemen called on the UN Security Council to refer Israel to the court "to look into barbarian crimes and inhuman acts committed by Israeli forces in Beit Hanoun and Jeneen of Gaza." This was in connection with the 2006 Israel–Gaza conflict.[53] Amnesty International has also characterized the allegedly deliberate attacks by Israeli forces against civilian property and infrastructure in the Gaza Strip as "war crimes".[54] Iran and Yemen also called for the court to prosecute Israeli leaders for "war crimes" committed during the 2008 Israel-Gaza conflict.[55][56] However a referral is considered unlikely as it would require UN Security Council approval and this is likely to be opposed by the United States.
The Israeli emergency service ZAKA and the Sderot Municipal Authority meanwhile called on the court to investigate Hamas leader Khaled Mashaal for crimes against humanity by the shelling of Sderot by rockets fired from Gaza in 2007.[57]
On 22 January 2009, the Palestinian National Authority made a declaration accepting the Court's jurisdiction but, since the Palestinian territories are not recognised as a sovereign state, it is unclear whether the Palestinian Authority has the power to make such a declaration.[42][43] The Prosecutor has received more than 200 requests to investigate war crimes allegedly committed during the 2008–2009 Israel–Gaza conflict.[43]
In 2015, The Palestinian National Authority officially became a member state of the International Criminal Court, opening a new front in its self-declared "diplomatic war" against Israel. The Palestinians allege that Israel committed war crimes during the 2014 Israel–Gaza conflict, and that the ongoing construction of Israeli settlements and demolition of Palestinian homes in the West Bank is a war crime, as it facilitates a transfer of populations into occupied territory.[58] By joining the ICC, the Palestinians are also exposed to scrutiny. Israel has charged that the militant Islamist movement Hamas and its militia are guilty of both indiscriminate targeting of Israeli cities and civilians, as well as the exposure of its own residents as human shields – they are violations of international law and internationally accepted humanitarian norms, specifically, the violation of the rule of distinction, which requires combatants to limit attacks to legitimate military targets. Amnesty International also concluded that Palestinians are guilty of war crimes for the indiscriminate rocket fire at civilian population centers in Israel.[58][59]
In August 2022, the family of murdered journalist Shireen Abu Akleh filed a formal complaint about her death with the International Criminal Court (ICC). On May 11, the journalist was shot in the head while covering a gunfight between Israeli soldiers and Palestinian terrorists during an IDF raid near the northern West Bank city of Jenin. The family's new information, which it claimed demonstrates that Israeli soldiers "deliberately targeted" the Palestinian-American Al Jazeera correspondent, was included in the case. A combined investigation by a Palestinian rights organisation and a multidisciplinary research organisation located in London has found further proof that contradicts Israel's claim that the death of veteran Al Jazeera journalist Shireen Abu Akleh was an accident.[60][61]
Lebanon
[edit]The Lebanese Foreign Minister, Fawzi Salloukh, has called for Israelis to be prosecuted at the court in connections with the 2006 Israel-Lebanon conflict. He accused Israelis of committing a war crime with the bombing of Qana.,[62] and this was repeated by the Interior Minister, Ahmad Fatfat on 2 August 2006, who said "a file was being prepared".[63][64] On 3 August Justice Minister Charles Rizk said that he would be submitting a file to the Security Council asking them to create a special court, similar to the Rwanda Tribunal, as neither Lebanon nor Israel are members of the ICC.[65] On 2 September Rizk formed a committee of legal and media personnel to gather evidence of war crimes for possible submission to the court.[66] Individuals have also made official communications to the court Prosecutor.[67][68]
In July Jean Ziegler, the United Nations Special Rapporteur on the Right to Food, called for an investigation into whether Israel committed war crimes by attacking supplies of food and water.[69] Israel has admitted using white phosphorus during the war, a weapon that is banned by Protocol III of the Convention on Certain Conventional Weapons when used as an incendiary device against civilians or in civilian areas, but allowed when used for illumination or concealment. (Israel is not party to this protocol.[70]) Doctors in southern Lebanon said they suspected burns victims had been caused by white phosphorus.[71]
Meanwhile, a human rights lawyer in the United Kingdom – a member of the court – is taking legal action under the International Criminal Court Act, accusing British government officials of complicity in Israeli war crimes by allowing the transfer of weapons from the United States via UK airports.[72]
Another British law firm has suggested that Israeli use of cluster bombs would also be a war crime.[73]
On September 14, 2006, Amnesty International released a report accusing Hezbollah of war crimes during the 2006 conflict with Israel.[74]
Myanmar
[edit]The European Parliament called in May 2008 for leaders of the Myanmar State Peace and Development Council to be referred to the court for crimes against humanity, for blocking relief aid following Cyclone Nargis.[75] This call has been echoed by the government of Australia,[76] a shadow minister from the United Kingdom[77] and a parliamentarian from the governing party in France.[78]
Somalia
[edit]In May 2006 a Somali warlord, Musa Sudi Yalahow was reported to have ordered his militiamen to take over Keysaney Hospital in northern Mogadishu, a move that may contravene the laws against war crimes. A Somali NGO, the Somali Justice Advocacy office wrote to the court requesting that it investigate this as a war crime.
Somalia is not a party to the court, and therefore would have to consent or be referred by the UN Security Council in order for the court to have jurisdiction.
In June 2006 the regional body Intergovernmental Authority on Development threatened to do this to warlords it termed "spoilers".[79]
In April 2007, an observer in Somalia from the European Union claimed that soldiers from Ethiopia and Somalia's Transitional Federal Government had targeted Somali civilians as part of the ongoing War in Somalia, and that Ugandan peacekeepers from the African Union Mission to Somalia had stood by while this happened. Although neither Somalia nor Ethiopia are court members, Uganda and three other AMISOM troop-contributors are, and could be charged with complicity in the war crime.[80]
In November 2007 the UN Secretary-General's special envoy to Somalia, Ahmedou Ould-Abdallah, called for the court to prosecute war crimes suspects.[81]
Sri Lanka
[edit]In July 2006 a Sri Lankan American expatriate organisation, the Sri Lankan Patriots, called on the Tamil Tigers to be prosecuted for using child soldiers.[82] Some Tamils have also called for government members to be prosecuted before the court for an alleged attack on a girls' school in LTTE-controlled territory in August 2006.[83]
Sri Lanka is not a party to the court, and therefore would have to consent or be referred by the UN Security Council in order for the court to have jurisdiction.
Thailand
[edit]Former Senator Kraisak Choonhavan called in November 2006 for former premier Thaksin Shinawatra to be investigated for crimes against humanity connected to 2,500 alleged extrajudicial killings carried out in 2003 against suspected drug dealers. This would first require Thailand to ratify the court and to accept retrospective jurisdiction.[84] In response, the Justice Minister, Charnchai Likhitjitta, said that ratification had been discussed by the cabinet but needed "careful deliberation" as any decision would affect all Thais.[85]
![](https://upload.wikimedia.org/wikipedia/commons/thumb/8/83/Mugabecloseup2008.jpg/220px-Mugabecloseup2008.jpg)
Zimbabwe
[edit]Since 2005, various calls have been made for the situation in Zimbabwe to be referred to the court by the Security Council, including:
- The government of Australia[86]
- The government of New Zealand[86]
- The International Bar Association[87]
- The then British opposition Conservative and Liberal Democrat parties[88][89]
- The Foreign Affairs Select Committee of the British House of Lords[90]
- The Namibian National Society for Human Rights[91]
- The Democratic Alliance opposition in South Africa[92]
A Zimbabwe government spokesman described the calls as spurious and "an attempt to tarnish the image of the president and country".[93]
Notes and references
[edit]- ^ a b c d International Criminal Court, September 2010, Communications, Referrals and Preliminary Examinations, Accessed 27 February 2011
- ^ "Situations under investigation". ICC. Archived from the original on 2021-12-28. Retrieved 2022-03-01.
- ^ a b "Preliminary examinations". ICC. Archived from the original on 2022-03-01. Retrieved 2022-03-01.
- ^ "Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, concerning referral from the Gabonese Republic". ICC. 2016-09-29. Retrieved 2016-09-30.
- ^ a b International Criminal Court 20 August 2008. "ICC Prosecutor confirms situation in Georgia under analysis". Accessed on 20 August 2008.
- ^ a b c "ICC prosecutor eyes possible Afghanistan war crimes", Reuters, 2009-09-09
- ^ International Criminal Court. ""Referrals and Communications"" (PDF). Archived from the original (PDF) on 2007-10-09. Retrieved 2008-03-28.. Accessed 20 March 2008.
- ^ Article 15 of the Rome Statute Archived 2013-10-19 at the Wayback Machine. Accessed 20 March 2008.
- ^ "Assembly activates Court's jurisdiction over crime of aggression". International Criminal Court. 2017-12-15. Archived from the original on 2019-06-26. Retrieved 2019-06-27.
- ^ International Criminal Court. The States Parties to the Rome Statute Archived 2011-03-14 at the Wayback Machine. Accessed 2011-02-27.
- ^ "Taliban attack civilians to spread fear: Amnesty". Reuters. 24 April 2007. Archived from the original on 2007-05-14. Retrieved 2007-12-09.
- ^ See Bagram torture and prisoner abuse
- ^ Afghanistan: Warlords Implicated in New Abuses Archived 2013-05-24 at the Wayback Machine July 29, 2003
- ^ "Morrison and Abbott named in International Criminal Court submission on #refugees: @jansant reports". nofibs.com.au. Archived from the original on 3 September 2014. Retrieved 15 January 2022.
- ^ "Wilkie wants probe of Govt's asylum seeker 'crimes'". Australian Broadcasting Corporation. 22 October 2014.
- ^ "Torture report makes @IntlCrimCourt action against @TonyAbbottMHR's #auspol likely: @jansant reports". nofibs.com.au. Archived from the original on 22 March 2015. Retrieved 15 January 2022.
- ^ "The Nauru Inquiry Proves We Can't Outsource Our Ethical Obligations to Asylum Seekers". 21 July 2015. Archived from the original on 2015-07-25. Retrieved 2015-07-27.
- ^ "Alleged abuse against #refugees outside ICC jurisdiction: @jansant reports". nofibs.com.au. Archived from the original on 4 October 2014. Retrieved 15 January 2022.
- ^
"Archived copy". Archived from the original on 2007-12-13. Retrieved 2017-06-28.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ CHILDREN AFFECTED BY CONFLICT Archived 2007-12-13 at the Wayback Machine, United Nations.
- ^ RIGHTS-COLOMBIA: Paramilitary Crimes Should Be Tried by ICC Archived 2008-01-09 at the Wayback Machine, Inter Press Service, 2007-10-05, accessed on 2007-10-05
- ^ Colombia seeks criminal charges against Chavez Archived 2008-03-14 at the Wayback Machine, International Herald Tribune, 2008-03-04, accessed on 2008-03-05
- ^ "ICC Office of Prosecutor statement on preliminary investigation". Archived from the original on 2014-11-07. Retrieved 2013-05-14.
- ^ Gambian killings – case to go to International Court Archived 2008-02-26 at the Wayback Machine, My Joy Online, 2007-10-09, accessed on 2007-10-10
- ^ Netherlands: Court Starts 2 Inquiries Archived 2018-08-14 at the Wayback Machine, The New York Times, 2010-11-18
- ^ Richard Norton-Taylor (May 6, 2005). "International court hears anti-war claims". The Guardian. Archived from the original on 2016-03-05. Retrieved 2016-12-14.
- ^ "Archived copy" (PDF). www.icc-cpi.int. Archived from the original (PDF) on 25 February 2006. Retrieved 12 January 2022.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ "Saddam lawyers invoke international criminal court". Archived from the original on 2007-09-30. Retrieved 2008-03-28.
- ^ Racism: Italy reported for crimes against humanity Archived 2008-04-10 at the Wayback Machine, IndyBay, 2008-01-23, accessed on 2008-01-27; see also BRUTAL ATTACK IN ROME – Italy Cracks Down on Immigrant Crime Wave Archived 2008-02-25 at the Wayback Machine, Der Spiegel, 2007-11-02
- ^ ICC Prosecutor: alleged war crimes in the territory of the Republic of Korea under preliminary examination Archived 2011-07-08 at the Wayback Machine International Criminal Court, press release 2010-12-06
- ^ 16 foreign groups drag Yar’Adua, JTF to International Criminal Court Archived 2009-05-26 at the Wayback Machine, Punch, 2009-05-25
- ^ ICC is Analysing Jos Crisis, Says Prosecutor Archived 2010-11-13 at the Wayback Machine, Daily Trust, 2010-11-08
- '^ International Court to publish criminal findings on Nigeria, Next, 2011-01-27
- ^ ICC report on Jos crises ready next month Archived 2012-04-05 at the Wayback Machine, The Nation, 2011-11-08
- ^ ICC Suspects Boko Haram of Crimes Against Humanity Archived 2012-11-29 at the Wayback Machine, Voice of America, 26 November 2012
- ^ 'New facts' open doors in 'deportation' case Archived 2007-10-06 at the Wayback Machine, Legalbrief.co.za, 2007-01-08, accessed on 2007-01-08.
- ^ OTP letter to senders re Venezuela, International Criminal Court, 2006-02-09, accessed on 2007-01-08.
- ^ Venezuela's Chavez Accused of Violating Human Rights at International Criminal Court Archived 2011-05-21 at the Wayback Machine Latin American Herald Tribune (December 19, 2008)
- ^ Complaint against Chávez at the International Criminal Court Archived 2008-12-20 at the Wayback Machine "El Universal" Daily News (December 17, 2008)
- ^ "ICC to open preliminary probes in Philippines, Venezuela". ABC News. 8 February 2018. Archived from the original on 8 February 2018. Retrieved 8 February 2018.
- ^ See Articles 12 & 13 Archived 2008-01-13 at the Wayback Machine of the Rome Statute. Accessed 2006-11-23.
- ^ a b Sebastian Rotella (5 February 2009). "International Criminal Court to consider Gaza investigation Archived 2009-02-08 at the Wayback Machine". Los Angeles Times. Accessed 11 February 2009.
- ^ a b c Marlise Simons (10 February 2009). "Court moves to study claims of Gaza crimes Archived 2009-02-13 at the Wayback Machine". International Herald Tribune. Accessed 11 February 2009.
- ^ Liberté (newspaper) (Algeria), December 24, 2007 and El-Watan, December 24, 2007. Referenced in Algerian Press Declares War on ‘Terrorist’ Al-Jazeera Archived 2008-04-08 at the Wayback Machine, MEMRI, 2007-12-28
- ^ Oli repeats govt stance: Allow refugees to return Archived 2007-09-28 at the Wayback Machine, The Rising Nepal, 2006-12-29.
- ^ "Unpacking the Recent Uighur ICC Complaint Against Chinese Leaders". Lawfare. 2020-07-21. Retrieved 2020-09-14.
- ^ Simons, Marlise (2020-07-06). "Uighur Exiles Push for Court Case Accusing China of Genocide". The New York Times. ISSN 0362-4331. Retrieved 2020-09-14.
- ^ Falconer, Rebecca. "ICC rejects call to investigate China over Uighur genocide claims, for now". Axios. Retrieved 2020-12-18.
- ^ international Criminal Court, 15 February 2005. Registrar confirms that the Republic of Côte d’Ivoire has accepted the jurisdiction of the Court. Accessed 27 June 2007.
- ^ Human Rights Watch. The Price of Continuing Impunity in Côte d’Ivoire Archived 2016-03-06 at the Wayback Machine, May 2006. Accessed 27 June 2007.
- ^ UN confirms existence of blacklist of human rights abusers, IRIN, 2005-01-31.
- ^ UN reports puts Côte d’Ivoire’s leaders on notice to make progress towards elections[permanent dead link], African News Dimension, 2006-10-19.
- ^ Yemen condemns Israeli crimes in Gaza Archived 2007-09-27 at the Wayback Machine, Yemen Observer 2006-11-11.
- ^ "Israel/Occupied Territories: Deliberate attacks a war crime". Amnesty International. 2006-06-30.
- ^ Iran calls on ICC to bring to justice Israeli war criminals Archived 2012-02-10 at the Wayback Machine, Islamic Republic News Agency, 2008-03-02, accessed 2008-03-03
- ^ Saudi likens Gaza assault to Nazi war crimes Archived 2008-04-10 at the Wayback Machine, AFP, 2008-03-02, accessed 2008-03-03
- ^ Zaka, Sderot mayor suing Hamas leader Mashaal[permanent dead link], The Jerusalem Post, 2007-11-21, accessed on 2007-11-22
- ^ a b Palestinians join international court to fight Israel Archived 2018-09-11 at the Wayback Machine, washingtonpost, 2015/04/01
- ^ The Legal War: Hamas’ Crimes against Humanity and Israel’s Right to Self-Defense Archived 2015-05-21 at the Wayback Machine, Israel Ambassador Alan Baker
- ^ McKernan, Bethan (2022-09-21). "Shireen Abu Akleh's family submits complaint to ICC". The Guardian. ISSN 0261-3077. Retrieved 2023-04-21.
- ^ Obel, Ash. "Family of Shireen Abu Akleh files complaint at International Criminal Court". www.timesofisrael.com. Retrieved 2023-04-21.
- ^ "Douste-Blazy touts efforts to secure truce" Archived 2007-09-29 at the Wayback Machine, Daily Star (Lebanon), 1 August 2006.
- ^ Dr Ahmad Fatfat on the Middle East conflict, Australian Broadcasting Corporation, 2 August 2006.
- ^ Lebanon minister to sue Israel, Malaysia Sun, 1 August 2006.
- ^ Jumblatt accuses Hizbullah of serving Iranian, Syrian agenda Archived 2007-09-29 at the Wayback Machine, Daily Star (Lebanon), 3 August 2006.
- ^ Officials study evidence to sue Israel for war crimes Archived 2007-09-29 at the Wayback Machine, Daily Star (Lebanon), 2008-09-02.
- ^ Destruction of Lebanon July 2006 – Call for Investigation and Possible Prosecution of WAR CRIMES by the International Criminal Court, Dr. Yvonne Schmidt, 2006-07-25.
- ^ War-crime trial appeal Archived 2007-10-29 at the Wayback Machine, Daily News (Bahrain), 2006-08-17.
- ^ Israel responsible for food rights violation in Lebanon – UN official Archived 2007-09-27 at the Wayback Machine, Kuwait News Agency, 2005-07-06.
- ^ [1], State Parties to the Convention on Certain Conventional Weapons
- ^ Israel admits phosphorus bombing Archived 2007-01-08 at the Wayback Machine, BBC, 2006-10-22.
- ^ Legal action plan over arms flights Archived 2007-09-30 at the Wayback Machine, Daily Express, 2 August 2006.
- ^ Israel may be guilty of Iraq-style war crimes, say lawyers Archived 2007-09-30 at the Wayback Machine, Islamic Republic News Agency, 2008-08-25.
- ^ "Israel/Lebanon Under fire: Hizbullah's attacks on northern Israel". Amnesty International. 2006-09-14. Archived from the original on 2017-02-13. Retrieved 2006-09-14.
- ^ EU assembly seeks criminal trial for Burmese junta Archived 2011-06-05 at the Wayback Machine, EUObserver, 2008-05-23
- ^ Canberra urged to uphold vow to act on Burma crimes, The Age, 2008-06-02
- ^ Tory calls Burma's leaders 'evil' Archived 2008-05-28 at the Wayback Machine, BBC, 2008-05-24
- ^ Burma aid must have 'no strings attached' Archived 2012-10-12 at the Wayback Machine, RTÉ, 2008-06-01
- ^ Somali PM seeks deployment of foreign peacekeepers
- ^ EU ambassador in Nairobi: Strong grounds to believe violated the International Criminal Court Archived 2007-09-27 at the Wayback Machine, Han Geeska Afrika Online, 2007-04-06, accessed on 2007-04-09
- ^ European parliament calls for war crimes probe in Somalia Archived 2007-12-20 at the Wayback Machine, AFP, 2007-11-15, accessed on 2007-11-16
- ^ "Bring LTTE Leaders to International Criminal Court for War Crimes against Children". Archived from the original on 2017-11-07. Retrieved 2019-03-07.
- ^ Canadian Tamils demonstrate against Canada's approval for massacre of school girls Archived 2007-09-28 at the Wayback Machine, SiberNews, 2006-08-16.
- ^ War on drugs returns to bite Thaksin, Bangkok Post, 2006-11-23.
- ^ DSI panel to probe 4 drug deaths cases, Bangkok Post, 2006-12-08.
- ^ a b New Zealand, Australia lobby UN on Mugabe indictment Archived 2008-09-26 at the Wayback Machine, New Zimbabwe, 2005-08-31.
- ^ IBA calls for International Criminal Court trial for Mugabe Archived 2007-09-27 at the Wayback Machine, New Zimbabwe, 2004-10-12.
- ^ We will not play tyrant Mugabe’s game, says tired MDC challenger Archived 2011-05-19 at the Wayback Machine, Aberdeen Press and Journal, 2008-06-23, accessed on 2008-07-19
- ^ Violence could force MDC to withdraw from Zimbabwe poll, The Herald (Scotland), 2008-06-21, accessed on 2008-07-19
- ^ Mugabe Could Be Headed for the Hague Archived 2006-10-23 at the Wayback Machine, Zimbabwe Standard, 2006-10-23
- ^ Outraged – Anti-Mugabe March in Windhoek Archived 2007-03-01 at the Wayback Machine, The Namibian, 2007-02-23, accessed on 2007-02-23
- ^ Try Mugabe for abuses – DA, The Star (South Africa), 2008-06-30, accessed on 2008-07-06
- ^ Zimbabwe Scoffs at Call to Have Mugabe Indicted, Voice of America, 2006-01-02.