Rome Statute

Question 1

Rome Art 8(2)

Answer 1

Defines war crimes, including grave breaches of the Geneva Conventions and other serious violations in armed conflicts.

Question 2

Rome Art 11

Answer 2

Only crimes after Jul 2002

The ICC’s jurisdiction applies only to crimes committed after the Statute’s entry into force (Jul 2002)

Question 3

Rome Art 13

Answer 3

Initiation by State, Prosecutor, or UNSC

The ICC can be initiated by a State Party referral, the Prosecutor, or the UN Security Council.

Question 4

Rome Art 17

Answer 4

Respect domestic courts

A case is inadmissible if it’s being investigated or prosecuted by a state with jurisdiction, unless that state is unwilling or unable to genuinely proceed. 

Question 5

Rome Art 20

Answer 5

Res Judicata

No person shall be tried by another court for a crime under the ICC’s jurisdiction if already convicted or acquitted by the ICC. 

Question 6

Rome Art 24

Answer 6

No retroactivity

Individuals are not criminally responsible under this Statute for conduct prior to its entry into force (Jul 2002).

Question 6

Rome Art 26

Answer 6

No Minors

The ICC has no jurisdiction over persons under 18 at the time of the alleged crime. 

Question 7

Rome Art 98

Answer 7

Cancels out Art 86 if it conflicts with a treaty or CIL

Question 8

Rome Art 27

Answer 8

No personal Immunity

Official positions do not exempt individuals from ICC jurisdiction or reduce penalties.

Question 9

Rome Art 86

Answer 9

Obligation of state’s full cooperation

States must fully cooperate with the ICC’s investigations and prosecutions.

Question 10

Rome Art 98

Answer 10

Cancels out Art 86 if it conflicts with a treaty or CIL

The ICC cannot request surrender if it conflicts with a state’s international agreements or immunities.

Question 11

Rome Art 127

Answer 11

Withdrawal after 1 year

A State Party can withdraw from the Statute by notifying the UN Secretary-General, effective one year later.