Elements of War Crimes under the Rome Statute of the International Criminal Court: Sources and Commentary

By Knut DÖrmann; Louise Doswald-Beck et al. | Go to book overview
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7. Article 8(2)(c) ICC Statute Violations
of common Article 3 of the 1949 Geneva
Conventions

7.1. Paragraph 1 of the introduction to the war
crimes section

Paragraph 1 of the introduction to the war crimes section is particularly relevant to the crimes under Art. 8(2)(c). It reads as follows:

The elements for war crimes under article 8, paragraph 2(c) and (e), are
subject to the limitations addressed in article 8, paragraph 2(d) and (f),
which are not elements of crimes.

This paragraph emphasises that the content of Art. 8(2)(d)1 and (f)2 provides limitations to the jurisdiction of the Court, namely a description of situations of internal violence not covered by the Statute. Several interested delegations wanted to make sure that whenever the threshold for a noninternational armed conflict as indicated in these provisions is not reached, the Court will not examine conduct occurring within a country as a possible war crime. Therefore, this paragraph was added to the introduction. Given that the PrepCom did not consider these limitations as elements of crimes, the PrepCom did not discuss the content.

1 'Paragraph 2(c) applies to armed conflicts not of an international character and thus does not
apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts
of violence or other acts of a similar nature.'

2 'Paragraph 2(e) applies to armed conflicts not of an international character and thus does not
apply to situations of internal disturbances and tensions, such as riots, isolated and sporadic acts
of violence or other acts of a similar nature. It applies to armed conflicts that take place in the
territory of a State when there is protracted armed conflict between governmental authorities
and organized armed groups or between such groups.'

-382-

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