Rome Statutes of the ICC - Articles 5 through 7

PART 2: JURISDICTION, ADMISSIBILITY & APPLICABLE LAW

Article 5: Crimes within the jurisdiction of the court

Jurisdiction of the International Criminal Court is limited to the most serious crimes of concern to the international community as a whole.  The court has jurisdiction in accordance with this Statute with respect to the following crimes:

 - crimes of genocide

 - crimes against humanity

 - war crimes

 - crime of aggression

The court shall exercise jurisdiction over the crime of aggression once a provision is adopted in accordance with articles 121 and 123 defining the crime and setting out the conditions under which the court shall exercise such jurisdiction with respect to this crime.  Such a provision shall be consistent with the relevant provisions of the charter of the United Nations. 

Article 6:  Genocide

For the purpose of this statute, genocide means 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

 - forcibly transferring children of one group to another group

Article 7: Crimes Against Humanity

For the purpose of this statute, crime against humanity means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

 - murder

 - extermination 

 - enslavement

 - deportation or forcible transfer of population

 - imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law

 - torture

 - rape, sexual slavery, prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity

 - persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the court

 - enforced disappearance of persons

 - apartheid

 - other inhumane acts of a similar character intentionally causing great suffering or serious injury to the body or to mental or physical health

Attack directed against any civilian population means a course of conduct involving the multiple commission of acts referred to in paragraph 1 against any civilian population, pursuant to or in furtherance of a state or organizational policy to commit such attack

Extermination includes the intentional infliction of conditions of life, inter alia the deprivation of access to food and medicine, calculated to bring about the destruction of part of a population;

Enslavement of a population means the exercise of of any or all of the powers attaching to the of ownership over a person and includes the exercise of such power in the course of trafficking in persons, in particular women & children.

Deportation or forcible transfer of population means forced displacement of the persons concerned by expulsion or other coercive acts from the area in which they are lawfully present without grounds permitted under international law.  

Torture means the intentional infliction of severe pain or suffering, whether physical or mental, upon a person in the custody or under the control of the accused; except that torture shall not include pain or suffering arising only from, inherent in or incidental to lawful sanctions;

Forced pregnancy means the unlawful confinement of a woman forcibly made pregnant, with the intent of affecting the ethnic composition of any population or carrying out other grave violations of international law.  This definition shall not in any way be interpreted as affecting national laws relating to pregnancy;

Persecution means the intentional and severe deprivation of fundamental rights contrary to international law by reason of the identity of the group or collectivity;

The crime of apartheid means the inhumane acts of a character similar to those referred to in paragraph 1, committed in the context of an institutionalized regime of systematic oppression and domination by one racial group over any other racial group or groups and committed with the intention of maintaining that regime;

Enforced disappearance of persons means the arrest, detention or abduction of persons by or with the authorization, support or acquiescence of,  a state or a political organization, followed by a refusal to acknowledge that deprivation of freedom or to give information on the fate or whereabouts of those persons,  with the intention of removing them from the protection of the law for a prolonged period of time.  

For the purpose of this statute, it is understood that the term "gender" refers to the two sexes, male and female, within the context of society.  The term "gender" does not indicate any meaning different from the above.

  

Credit, as info has been extracted from book

ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT

INTERNATIONAL LAW