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Does the Rome Statute Empower Individuals or Organisations to Trigger the Icc's Jurisdiction?

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Does the Rome Statute Empower Individuals or Organisations to Trigger the Icc's Jurisdiction?
Does the Rome Statute empower individuals or organisations to trigger the jurisdiction of the International Criminal Court?
Nyirurugo Jean Marie Vianney 1 Abstract Recently, the Office of the Prosecutor (OTP) of the ICC has received the complaints from Congolese and Rwandan individual persons and associations, claiming to pursue Rwandan leaders for the crimes reportedly committed in the Democratic Republic of Congo (DRC). Accordingly, this situation raises the issue of whether individual persons or organisations may trigger the ICC’s jurisdiction pursuant to the claims filed to the ICC’s Prosecutor. By looking at the provisions of the Rome Statute, the International Criminal Court founding treaty, this paper analyses the role of individuals and organisations in the functioning of the ICC. It argues that, although the ICC’s Prosecutor may decide to open an investigation, acting under his proprio motu powers, on the basis of communications and information he has received from them, individuals, groups, intergovernmental or nongovernmental organisations play no role in triggering the ICC’s jurisdiction rather than providing the mere communications and information on crimes within the jurisdiction of the ICC. I. Introduction The latest UN Report, purportedly written by a Group of Experts (GoE), is one of the sources that recently made the headlines about the DR Congo security crisis. In the report, the so-called Group of Experts submits that the Government of Rwanda has been assisting renegade soldiers (M23) in the recent rebel uprising in Eastern DRC through the provision of material and financial support. 2
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The author of this paper graduated with a Master’s Degree from the University of Cape Town (UCT), where he specialised in Criminal Justice. He is currently serving as an Assistant to National Prosecutors in the Office of the Prosecutor General of Rwanda. His research interests include International Criminal Law, International Humanitarian Law and Human



References: A. Schabas, William An introduction to the International Criminal Court, 2nd edition, Cambridge University Press, Cambrige, 2004, p.120. Akhavan, Payam, ‘The Lord’s Resistance Army Case: Uganda’s Submission of the First State Referral to the International Criminal Court’ (2005) 99 2 The American Journal of International Law 405. Assembly of the African Union, ‘Decision on the Progress Report of the Commission on the Implementation of Decision Assembly/AU/Dec.270 (XIV) on the Second Ministerial Meeting on the Rome Statute of the International Criminal Court (ICC),’ Assembly/AU/Dec.296 (XV), Kampala, 27 July 2010. BBC ‘Rwanda supporting DR Congo mutineers’ BBC, 28 May 2012, available online at http://hubert.Fennor.com/post/2012/05/28/Rwanda-supportinDR-Congo-mutineers, accessed on 27 July 2012. Congressional Research Service, International Criminal Court cases in Africa: status and policy issues, Report for members and committees of congress, 2011. Decision on the Prosecutor’s application for a warrant of arrest against Omar Hassan Ahmad Al Bashir No ICC-02/05-01/09-1 of 4 March 2009, unreported. Available online at http://www.icc-cpi.int, accessed on 11 December 2012. Gentile, Lynn ‘Understanding the International Criminal Law’ in Max du Plessis African Guide to International Criminal Law, ISS Publisher, Pretoria, 2008. 53 For more details about the requirements of the Statute, see art. 53 of the Rome Statute. Does the Rome Statute empower individuals or organisations to trigger the jurisdiction of the ICC? 17|2012 ICC ‘Information sheet on the case No ICC-02/05-01/07 Prosecutor v. Ahammad Muhammad Harun (Ahmad Harun) and Ali Muhammad Ali Abd-Al-Rahman (Ali Kushayb), available online at http://www.icc-cpi.int [Accessed 01 September 2011. ICC ‘Situation in Democratic Republic of the Congo’ available online at http://www.icc-cpi.int/EN_Menus/ICC/Situations%20and%20Cases/ Situations/Situation%20ICC%200104/Pages/situation%20index.aspx, accessed on 11 December 2012. ICC ‘The States Parties to the Rome Statute available online at http://www.icc cpi.int/en_menus/asp/states%20parties/Pages/the%2 0states, accessed on 10 November 2012. ICC Press Release, ‘Warrant of Arrest Unsealed against Five LRA Commanders’ 14October 2005, available online at http://www.icc-cpi.int, accessed on 12 November 2012. ICC Pre-Trial Chamber II, ‘Decision Pursuant to Article 61(7)(a) and (b) of the Rome Statute on the Charges of the Prosecutor Against Jean Pierre Bemba Gombo’, 15June 2009, available online at http://www.icc-cpi.int accessed on 23 November 2012. ICC, Warrant of Arrest for Simone Gbagbo No ICC-02/11-01/12, 29 February2012, available online at http://www.icc-cpi.int/iccdocs/doc/ doc1344439.pdf, accessed on 11 December 2012. ICC’s Office of the Prosecutor Press Release, ‘Prosecutor Receives Referral of the Situation in the Democratic Republic of Congo’, 19 April 2004, available online at http://www.icc-cpi.int accessed on 23 November 2012. ICC’s Office of the Prosecutor Press Release, ‘Prosecutor Receives Referral Concerning Central African Republic’, 7 January 2005, available online at http://www.icc-cpi.int accessed on 23 November 2012. ICC’s Press Release ‘ICC Prosecutor: Gaddafi used his absolute authority to commit crimes in Libya’ 16 May 2011, available online at http://www.icc-cpi.int/Menus/Go?id=1365e3b7-8152-4456-942ca5cd5a51e829&lan=en-GB, accessed on 03 December 2012. Josh, Kron, ‘UNReport Says Rwandans Recruited to Fight in Congo.’ The New York Times, 28 May 2012, available online at http://www.nytimes. com/2012/05/29/world/Africa/unOsaysOrwandansOrecruitedOtoOfightOi nOcongo.html, accessed on 27 July 2012. Does the Rome Statute empower individuals or organisations to trigger the jurisdiction of the ICC? 18|2012 Mba Chidi Nmaju ‘Violence in Kenya: Any Role for the ICC in the Quest for Accountability?’ (2009) 3 African Journal of Legal Studies 78. MINAFFET, ‘Rwanda’s response to the allegations contained in the addendum to the UN Group of Experts interim report’ available online at http://www.minaffet.gov.rw accessed on 30 July 2012. OTP-ICC ‘Policy Paper on the Interest of Justice’ September 2007, available online at http://www.icc-cpt.int, accessed on 09/12/2012. OTP-ICC, ‘Communications, Referrals and Preliminary Examinations’ available online at http://www.icc-cpi.int/Menus/Go?id=da143d8f-eb36-4f87-98 18-1a6891956160&lan=en-GB, accessed on 10 December 2012. OTP-ICC, ‘The response of ICC’s Prosecutor to Iraq communications’ 9 February 2006, available online at http://www.icc-cpi.int, accessed on 03 December 2012. Rome Statute of the International Criminal Court, (1998) 2187 U.N.T.S. 90, entered into force on 1 July 2002. Russell, Rebecca, International Criminal Court: Finding justice for victims, ending impunity for perpetrators, World Vision Publications, California, 2002. Simon Jennings, ‘Kenyan Chief Justice Announces Special Court’ available online at http://iwpr.net/report-news/kenyan-chief-justice-announcesspecial-court, accessed on 11 December 2012. UN ‘Report of the International Commission of Inquiry on Darfur to the United Nations Secretary-General pursuant to Security Council Resolution 1564 of 18 September 2004’ (2004) available online at http://www.un.org , accessed on 10 December 2012. UN ‘The UN Report on DR Congo: A Response from Rwandan Scholars’ available online at http://www.allafrica.com, accessed on 17 October 2012. William, Wallis, ‘Congo probes claim of Rwandan role in violence’ Financial Times, 29 May 2012, available online at http://www.ft.com /intl/cms/s/0/fd0d525a-a998-11e1-9772-00144feabdc0.htmlaxzz1wHA do5xy, accessed on 27 July 2012.

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