Sunday, September 10, 2017

Maui's Brightest Smilers




Maui's Brightest Smilers is the Maui based team that is reaching out to collect the Voice of the People on dental needs in the community.  We chose to work with a group from just about every demographic.  Every group was racially diverse, each also having 
  • a dominant demographic 
  • a dominant subculture
  • an offset minority to the group
For the last 6 weeks, we have been focusing on those who do not reach out or attend such community meetings and events.  Although the results are as expected, the community at large was thankful that someone is thinking about their smile and confidence thereof.

So to get back to demographics, we feel we have reached out to the variety of cultures, age brackets, financial statuses, disabled, elderly, youth and homeless/houseless populations.  In surveys we only managed to have approximately 100 returned, however in verbal feedback, we were able to reach a larger multitude of people, having talked story with about 250 people total.

Starting with the 2 smaller islands Lanai and Molokai, there is scant resources at best to cover anything more than a cleaning and possible emergency pull.  We were unable to find anyone on these islands to talk to who had sufficient insurance coverage to get any further in dental care. There seems to be a total negligence in these 2 islands altogether.  Whereas we can understand the population and lack of sufficient population demographics for these 2 islands to have a lot of options, we feel as though a total disregard of those places create a disparity level too high to ignore.

On Maui, we were able to speak to a much wider array of demographics, which provided the insights of where the disparities lie.

Whereas some people could vaguely name how their recent ancestors have handled dental issues in the past, most old enough to remember an older past, remember that their elders had more teeth at an older age than the elders of today.

Dental habits haven't changed much since then, except people simply don't have access to affordable dental care these days and insurances get skimpier by the year and age. As living expenses continue to rise, insurance values and monetary values continue to fall and wages continue to remain stagnant, things like dental care often sit on the back burner until they can no longer be ignored.  Many times they wait too long and under such politically oppressive circumstances, the only option is extraction at that point.

What further impacts the situation is the fact that teeth are among the first thing people notice when looking at you.  They are the first part of a person's appearance that employers look at when conducting an interview. It is important that both customers and clientele feel comfortable talking to a person and sadly, people judge.  And their judgment affects business.  It is a quiet kept and wide spread corporate practice to look for these things. Teeth are crucially important to break dependency upon the system.  If we want more people to find substantial employment, get off the system and be healthy, we will take care of their teeth.  

Socioeconomically speaking, the system feels as though taking care of its constituents is too costly to do.  Of course prevention is our ultimate goal, but in order to stabilize our economic future as one community, we will have to think outside the box and solve multiple issues with the most impactful, cost efficient solutions that we can muster.

After consistent brain storming, we came up with one idea.

There are multiple economic reasons that the people are being denied such crucial care to their health and well being.  While some of those reasons are not a subject for today, one set of reasons should be brought up. That reason is the overwhelming amount of assistance programs that goes out each year and the fact that so many entities compete for the same grants, that nobody gets anything substantial enough to meet all the needs of our communities.

One cost effective way to meet the needs of our community while opening a new market for employment, commerce and education, would be to create one five year plan, broken down into five stages:

 - Apply for a grant to open and operate a 3D printer and operate the print shop from Lanai or Molokai, in one of the health system complexes there. This provides future sustainable jobs for upto 5 people in the beginning.  They will have to learn 3D print technology and their main objective is to print dentures that are low cost and effective for use in public arenas. This print shop will function to serve all islands, while providing sustainable and friendly place of employment.

 - Expand community dental clinic hours and utilize graduate year dental students at internship stipends for a fraction of the cost to state and federal programs. Med-Quest, non-insured, under-insured and the likes thereof may participate in the program during the hours of 5pm-9pm as not to affect normal daily operations.

 - Extend scholarships through the First-to-Work program to solicit employees to handle the 3D stations at dental clinics.  Require them to attend these clinics to get their teeth fixed prior to graduating program, so they can present themselves to their communities as models of how this system will work.

 - Understand that this is going to open doors to a confident Hawaii with gainful employment and better hope for the future.  Plan actions accordingly.

 - Record the journeys and follow up with people, everyone.  This may be a breakthrough for our people to open doors that have long ago closed. For many, this would be a cost effective solution.  For the system, perhaps the newfound confidence and gainful employment will lead to less dependency on the system and Hawaii can be a pioneer in 3D technology and the concept of aloha, for the world to see.

This time around, when we talked to people, there was a desperate hope that we could find one solution.  People want to do better but they see who has the good jobs.  They see that their appearance doesn't stand a chance in the world today, and there's nothing they can do about it.  Many have other struggles, such as "alternative coping" that stem from the very core values and emotions we witnessed on our journey to capture their voices.

We spoke to people who have had temporary parts painfully stuck in their mouths for over 30 years, and others who couldn't afford the co-pays or procedures.  Then there were those who struggle so hard to get an appointment, that they don't even think about routine maintenance because their teeth are so bad, work simply has to be done there... and there is no hope for the work to get done.  Those are the people who end up costing the system a lot more in medical expenses and assistance over time.  How beneficial a few small solutions would be.  Thank you for your time and attention.





Friday, September 8, 2017

Dental Advocacy Groups to meet with Board of Health in Honolulu


For the last four months,  there has been a hui in every county who...
has been working with small groups throughout the best they could span
to gather the Voice of the People on local dental disparities.


If you are anything like me, you're thinking "What the heck is a disparity?"
That refers to how only some people have the right insurance to get dental care and others can only get a polish & pull.   Disparity is the gap between the two, because it seems like having 2 jobs doesn't help your teeth either.  Dental insurance is a hard one to get in full and our teeth are too important to ignore.

Before we get into sharing our findings with you, let's get that topic open.  Did you know that your dental issues affect your health issues long before you have health issues?  I sure didn't.  Well I knew a little, but not like what I've learned while working with this project and I'd like to share that with you.  How else do we learn for free?  How do we take control of our own affairs if we cannot make an educated choice?  

We are far from dumb, but there is a reason college exists - there is always more to learn.  
For the last 150 years, people have been "dummied down" so that certain political & corporate powers could exist and maintain with ease.  The best way to do that is to keep everyone with a lack of knowledge.  Its just like a lawyer says: one cannot know their options if they don't know their rights.  Well, we're not all studying to get a law degree but we are trying to live comfortable healthy lives.  Knowing how our ancestors achieved this is partially easy, partially a mystery to most of us.

Back in their hay day, our ancestors did not drink diet soda, or soda at all for that matter.  They didn't eat processed foods that contain science experiments.  They did not take medications with side effects.  Our ancestors simply ate what abundance nature provided for them.  No additives needed.  Sure, they suffered a new disease or some kind of ailment from time to time, but most of those issues were organically solved on nature's level and judging by the fact that humanity made it this far, that must have worked.  Why doesn't that work today? 

Well, those methods can't work today because we don't know them to use them.  In all reality, that's why they don't work.  Honestly.  People don't know how to use nature to get well or stay well and furthermore, those that do know, often don't give nature the time to work, before they go tainting nature with another chemical.   If we put embalming fluid in dead people to preserve the carcass for a funeral, what do you think it does to live bodies?  Its in almost everything you consume these days.  That diabetic sweetener (Equal, SweetnLow) was first developed as chemical warfare.  Donald Rumsfield had it approved when he first opened the FDA and went from Secretary of War to monitoring what's healthy for Americans to eat.  The pills you get for pain meds - ALL of it eats your teeth among other bones and systems within your body.  Those mind-altering mental meds genetically modify one's brains.  All of it rots your teeth along with the usual culprits: sugar, not brushing, etc...



Another unknown nemesis of most of our body systems is our pH Levels.  Did you know that high acidity is the culprit that gives us heart problems, cancer and rotted teeth?  It does more damage than that, but these are the top 3 issues besides stomach ulcers and leaky gut.


Acidity will burn holes right into your teeth.  It mostly comes from all the same foods that we are told not to eat every day.  We don't realize this because we are too busy moving along the only way we know how.  We make small conscious efforts but nothing major.  We do what we can.



Ever notice how many people are ashamed of their teeth? At least two-thirds of the population walk around with smiles meant to hide the teeth.  How does that feel when someone is going for a job or wanting to start a new relationship?  They are constantly sidetracked from the importance of the moment because they are trying to hide that tooth.




So the three statements in red are links to help bring our point home.  The link just above this line is to the larger nonprofit that we are all operating under.  They went to each major island, spoke to a small group of leaders, gave us something to work with and sent us on our way.  We worked tirelessly to get the job done.  We went high and low, wherever management allowed us to gather people.  We walked the hot days and the uphills.  And toward the end, we reached out to families and smaller groups of individuals.

On September 14th, we will all come together from each island to share our findings, which we could not done without many of you.  We know this talk stuff is cheap, but the members on each team along with the original group who set out to do this project did not plan on wasting any time or effort.  Wise words:  Only speak into existence that which you wish to see exist.  We only wish to see better dental coverage happen.


So the first group sat and called as many dental providers they could until they too were as discouraged as an actual patient.  Since that group operated under the core group, most of the calls they made were on Oahu.  However, they already saw the pattern and they already know that Honolulu is where the resources are, so if they couldn't get help there, and most other islands are referred to Honolulu, that it would be the same, if not worse for neighboring islands.




The link above shows you the start up groups on each island, who did the literal going out to communities to reach out as far as they could spread.  


Bright Smiles Hawaii is working with Department of Health, other professionals and their Street Teams on every island to ensure that each area and demographic is represented.  Every organization that cares about dental care is on this panel.  We are constantly uniting all the agencies we can to tackle this measure.  We are thankful for Bright Smiles Hawaii to be taking on this battle to bring more resources into Hawaii, sans the corporate nonsense.  From the looks of their timeline and a few good stories, they are doing much more than talking.

On September 14th at the meeting at-large, we will be presenting our final summaries of the 2017 survey year and bringing information back to our communities about what we can realistically expect in the upcoming year of dental provisions.   










Rome Statutes of the ICC - Articles 16 through 18

Article 16 Deferral of investigation or prosecution

No investigation or prosecution may be commenced or proceeded with under this Statue for a period of 12 months after the Security Council, in a resolution adopted under chapter VII of the Charter of the United Nations, has requested the Court to that effect; That request may be renewed by the Council under the same conditions.


Article 17 Issues of admissibility 

Having regard to paragraph 10 of the Preamble and article 1, the Court shall determine that a case is inadmissible where:
The case is being investigated or prosecuted by a State which has jurisdiction over it, unless the State is unwilling or unable genuiely to carry out the investigation or prosecution;
The case has been investigated by a State which has jurisdiction over it and the State has decided not to prosecute the person the person concerned, unless the decision resulted from the unwillingness or inability of the state genuinely to prosecute;

The person concerned has already been tried for conduct which is the subject of the complaint, and a trial be the Court is not permitted under article 20, paragraph 3;

The case is not of sufficient gravity to justify further action by the Court.

In order to determine unwillingness in a particular case, the Court shall consider, having regard to the principles of due process recognized by international law, whether one or more of the following exist, as applicable:
 - The proceedings were or are being undertaken or the national decision was made for the purpose of shielding the person concerned from criminal responsibility for crimes within the jurisdiction of the Court referred to in article 5;
 - There has been an unjustified delay in the proceedings which in the circumstances is inconsistent with an intent to bring the person concerned to justice;

The proceedings were not or are not being conducted in a manner which, in the circumstances, is inconsistent with an intent to bring the person concerned to justice.

In order to determine inability in a particular case, the Court shall consider whether, due to a total or substantial collapse or unavailability of its national judicial system, the State is unable to obtain the accused or the necessary evidence and testimony or otherwise unable to carry out its proceedings.


Article 18  Preliminary rulings regarding admissibility

When a situation has been referred to the Court pursuant to article 13 (a) and the Prosecutor has determined that there would be a reasonable basis to commence an investigation, or the Prosecutor initiates an investigation pursuant to articles 13 (c) and 15,  the Prosecutor shall notify all State Parties and those States which, taking into account the information available, would normally exercise jurisdiction over the crimes concerned.  The Prosecutor may notify such States on a confidential basis and, where the Prosecutor believes it necessary to protect persons, prevent destruction of evidence or prevent the absconding of persons, may limit the scope of the information provided to States.  Within one month of receipt of that notice, a State may inform the Court that it is investigating or has investigated its nationals or others within its jurisdiction with respect to criminal acts which may consistute crimes referred to in article 5 and which relate to the information provided in the notification to States.  At the request of that State, the Prosecutor shall defer to the State's investigation of those persons unless the Pre-Trial Chamber, on the application of the Prosecutor, decided to authorize the investigation.

The Prosecutor's deferral ro a State's investigation shall be open to review by the Prosecutor six months after the date of deferral or at any time when there has been a significant change of circumstances based on the State's unwillingness or inability genuinely to carry out the investigation.

The State concerned or the Prosecutor may appeal to the Appeals Chamber against a ruling of the Pre-Trial Chamber, in accordance with article 82, paragraph 2.  The appeal may be heard on an expedited basis.

When the Prosecutor has deferred an investigation in accordance with paragraph 2,  the Prosecutor may request that the State concerned periodically inform the Prosecutor of the progress of its investigations and any subsequent prosecutions.  State Parties shall respond to such requests with without undue delay.

Pending a rule by the Pre-Trial Chamber, or at any time when the Prosecutor has deferred an investigation under this article, the Prosecutor may, on an exceptional basis, seek authority from the Pre-Trial Chamber to pursue necessary investigative steps for the purpose of preserving evidence where there is unique opportunity to obtain important evidence or there is a significant risk that such evidence may not be subsequently available.

A State which has challenged a ruling of the Pre-Trial Chamber under this article may challenge the admissibility of a case under article 19 on the grounds of additional significant facts or significant change of circumstances.





Wednesday, September 6, 2017

Rome Statutes of the ICC - Articles 13 through 15

Article 13  Exercise of Jurisdiction

The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
 - A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
 - A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations;  or The Prosecutor has initiated an investigation in respect of such a crime in accordance with Article 15;


Article 14  Referral of a situation by a State Party

A State Party may refer to the Prosecutor a situation in which one or more crimes within the jurisdiction  of the Court appear to have been committed requesting the Prosecutor to investigate the situation for the purpose of determining whether one or more specific persons should be charged with the commission of such crimes.

As far as possible, a referral shall specify the relevant circumstances and be accompanied by such supporting documentation as is available to the State referring the situation.  


Article 15  Prosecutor

The Prosecutor may initiate investigations proprio motu on the basis of information on crimes within the jurisdiction of the Court. 

The Prosecutor shall analyse the seriousness of the information received.  For this purpose, he or sh e may seek additional information from States, organs of the United Nations, intergovernmental or non-governmental organizations, or other reliable sources that he or she deems appropriate, and may receive written or oral testimony at the seat of the Court.

If the Prosecutor concludes that there is a reasonable basis to proceed with an investigation, together with any supporting material collected, Victims may make representations to the Pre-Trial Chamber, in accordance with the Rules of Procedure and Evidence.

If the Pre-Trial Chamber, upon examination of the request and the supporting  material, considers that there is a reasonable basis to proceed with an investigation, and that the case appears to fall within the jurisdiction of the Court, it shall authorize the commencement of the investigation, without prejudice to subsequent determinations by the Court with regard to the jurisdiction and admissibility of a case.

The refusal of the Pre-Trial Chamber to authorize the investigation shall not preclude the presentation of a subsequent request by the Prosecutor based on new facts or evidence regarding the same situation. 

If, after the preliminary examination referred to in paragraphs 1 and 2, the Prosecutor concludes that the information provided does not constitute a reasonable basis for an investigation, he or she shall inform those who provided the information.  This shall not preclude the Prosecutor from considering further information submitted to him or her regarding the same situation in the light of new facts or evidence. 

Rome Statutes of the ICC - Articles 9 -through 12

Article 9 Elements of Crimes

Elements of Crimes shall assist the Court in the interpretation and application of articles 6,7 and 8.  They shall be adopted by a two-thirds majority of the members of the Assemblies of States Parties.

Amendments to the Elements of Crimes may be proposed by:
 - Any State Party
 - The judges acting by an absolute majority
 - The Prosecutor
Such amendments shall be adopted by a to-thirds majority of the members of the Assembly of States Parties.

The Elements of Crimes and amendments thereto shall be consistent with this Statute.


Article 10 

Nothing in this Part shall be interpreted as limiting or prejudicing in any way existing or developing rules of international law for purposes other than this Statute.


Article 11 Jurisdiction ratione temporis

The Court has jurisdiction only with respect to crimes committed after the entry of force of this Statute.

If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.


Article 12  Preconditions to the exercise of jurisdiction

A State which becomes a Party ti this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.

In the case of article 13, paragraph (a) or (c),  the Court may exercise its jurisdiction of the Court in accordance with paragraph 3:
 - The State on the territory of which the conduct in question occurred or, if the crime was committed on board  vessel or aircraft, the State of registration of that vessel or aircraft;
 - The State of which the person accused of the crime is a national.

If the acceptance of a State which is not a Party to this Statute is required under paragraph 2,  that State may, by declaration lodged with the Registrar,  accept the exercise of jurisdiction by the Court with respect to the crime in question.  The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.

Rome Statutes of the ICC - Article 8 War Crimes

The court shall have jurisdiction in respect of war crimes in particular when committed as a part of a plan or policy or as part of a larger-scale commission of such crimes.

For the purpose of this Statute, "war crimes" means:

Grave breaches of the Geneva Conventions of 12 August 1949, namely, any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:
  1. Wilful killing
  2. Torture or inhuman treatment, including biological experiments;
  3. Wilfully causing great suffering or serious injury to body or health;
  4. Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
  5. Compelling a prisoner of war or other protected person to serve in the forces of hostile power;
  6. Wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
  7. Unlawful deportation or transfer or unlawful confinement;
  8. Taking of hostages - Other serious violations of the laws and customs applicable in international law, namely, any of the following acts:
    1. Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in hostilities;
    2. Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;
    3. Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the international law of armed conflict;
    4. Intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated;
    5. Attacking or bombarding, by whatever means, towns, villages, dwellings or buildings which are undefended and which are not military objectives;
    6. Killing or wounding a combatant who, having laid down his arms or no longer having means of defence, has surrendered at discretion;
    7. Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the United Nations, as well as of the distinctive emblems of the Geneva Conventions, resulting in death or serious personal injury;
    8. The transfer, directly or indirectly by the Occupying Power of parts of its own civilian population into the territory it occupies, or the deportation or transfer of all or parts of the population of the occupied territory within or outside this territory;
    9. Intentionally directing attacks against buildings dedicated to religion, education, arts, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
    10. Subjecting persons who are in the power of an adverse party to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;
    11. Killing or wounding treacherously individuals belonging to the hostile nation or army;
    12. Declaring that no quarter will be given;
    13. Destroying or seizing the enemy's property unless such destruction or seizure be imperatively demanded by the necessities of war;
    14. Declaring abolished, suspended or inadmissible in a court of law the rights and actions of the nationals of the hostile party;
    15. Compelling the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war;
    16. Pillaging a town or place, even when taken by assault;
    17. Employing poison or poisoned weapons;
    18. Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices;
    19. Employing bullets which expand or flatten easily in the human body, such as bullets with a hard envelope which does not entirely cover the core or is pierced with incisions;
    20. Employing weapons, projectiles and material and methods of warfare which are of a nature to cause superfluous injury or unnecessary suffering or which are inherently indiscriminate in violation of the international law of armed conflict, provided that such weapons, projectiles and material and method of warfare are the subject of a comprehensive prohibition and are included in an annex to this Statute, by an amendment in accordance with the relevant provisions set forth in articles 121 and 123;
    21. Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
    22. Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f),  enforced sterilization, or any other form of sexual violence also constituting a grave breach if the Geneva Conventions;
    23. Utilizing the presence of a civilian or other protected person to render certain points, areas or military forces immune from military operations;
    24. Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with International Law;
    25. Intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions;
    26. Conscripting or enlisting children under the age of fifteen years into the national armed forces or using them to participate actively in hostilities.
        In the case if an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949, namely, any of the following acts committed against persons taking no active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat by sickness, wounds, detention or any other cause:
  1.      Violence to life and persons, in particular murder of all kinds, mutilation, cruel treatment and torture;
  2.     Committing outrages upon personal dignity, in particular humiliating and degrading treatment;
  3. Taking of hostages;
  4. The passing of sentences and the carrying out of executions without previous judgement pronounced by a regularly constituted court, affording all judicial guarantees which are generally recognized indispensable.
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.

Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law, namely, of any of the following acts:
  1.  Intentionally directing attacks against the civilian population as such or against individual civilians no taking direct part in hostilities;
  2. Intentionally directing attacks against buildings, material, medical units and transport, and personnel using the distinctive emblems of the Geneva Conventions in conformity with International Law;
  3. Intentionally directing attacks against personnel, installations, material, units or vehicles involved in a humanitarian assistance or peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians or civilian objects under the law of armed conflict;
  4. Intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives;
  5. Pillaging a town or place, even when taken by assault;
  6. Committing rape, sexual slavery, enforced prostitution, forced pregnancy, as defined in article 7, paragraph 2 (f),  enforced sterilization, and any other form of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;
  7. Conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities;
  8. Ordering the displacement of the civilian population for reasons related to the conflict, unless the security of the civilians involved or imperative military reasons so demand;
  9. Killing or wounding treacherously a combatant adversary;
  10. Declaring that no quarter will be given;
  11. Subjecting persons who are in the power of another party to the conflict to physical mutilation or to medical or scientific experiments of any kind which are neither justified by the medical, dental or hospital treatment of the person concerned nor carried out in his or her interest, and which cause death to or seriously endanger the health of such person or persons;
  12. Destroying or seizing the property of an adversary unless such destruction or seizure be imperatively demanded by the necessities of the conflict;
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.

Nothing in paragraphs 2 (c) and (d)  shall affect the responsibility of a Government to maintain or re-establish law and order in the State or to defend the unity and territorial integrity of the State, by all legitimate means.

Saturday, September 2, 2017

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