[UAH] The Rome Statute of International Criminal Court (ICC)

There are Uganda soldiers or former soldiers who believe that they are not guilty of war crimes, crimes against humanity or genocide because they were instructed by their superiors to commit those crimes. The ICC does not entirely agree with that understanding.

Crimes within the jurisdiction of the ICC are:

1.    The crime of genocide;

2.    Crimes against humanity;

3.    War crimes;

4.    The crime of aggression.

Article 25 (2):

A person who commits a crime within the jurisdiction of the Court shall be individually responsible and liable to punishment in accordance with this Statute.

Article 33 (1):

The fact that a crime within the jurisdiction of the Court has been committed by a person pursuant to an order of a government or of a superior whether military or civilian shall not relieve that person of criminal responsibility unless the person did not know that the order was unlawful.

For the purpose of this article, orders to commit genocide or crimes against humanity are manifestly unlawful.

Article 28 (a);

A military commander or person effectively acting as a military commander shall be criminally responsible for crimes within the jurisdiction of the Court committed by forces under his or her effective command and control, or effective authority and control as the case may be, as a result of his or her failure to exercise control properly over such forces.

For details please read the whole Statute.

Eric