Rome Statute Research Articles

Subjects of war crimes investigations and their capabilities within criminal proceedings

This study is dedicated to analyzing the subjects involved in the investigation of war crimes in the modern world. It examines key issues that arise in this process, as well as opportunities provided by national and international legal mechanisms. The aim of the work is to determine the role of various actors in ensuring justice and to develop recommendations for enhancing the efficiency of their activities. The research explores the challenges associated with using digital technologies and open-source intelligence (OSINT) in evidence collection. It analyzes the activities of key actors, including the International Criminal Court, national judicial bodies, and non-governmental organizations, highlighting the characteristics of international cooperation in the context of the Rome Statute’s ratification. The study’s subject is the activities of entities involved in investigating war crimes, while its object encompasses the legal, organizational, and practical aspects of their work in both international and national contexts. The research employs methods of analysis, synthesis, comparative legal analysis, and case studies to investigate specific examples of investigations. The interdisciplinary approach allows for considering the influence of technologies, international law, and societal contexts. This work synthesizes modern challenges faced by war crimes investigation actors and proposes solutions to overcome them. It emphasizes the potential of digital technologies and the role of non-governmental organizations in evidence collection and analysis for the first time. The practical significance of the research lies in the recommendations for improving international and national justice mechanisms. The study underscores the importance of ratifying the Rome Statute for OSINT, its role in Ukraine’s European integration process, and the effectiveness of international justice. It concludes that collaboration between national judicial bodies, the International Criminal Court, and non-governmental organizations is crucial to achieving justice in war crimes cases.

General theoretical principles of the study of rape as a form of crime against humanity

Humanity is a moral characteristic of a person that distinguishes him from other living creatures. In a civilized society, the highest value is life, honor, dignity and freedom, it is these characteristics that make us subjects of society. Crimes against humanity are unlawful acts that do not simply violate human rights, but are actually aimed at transforming it from a subject of society into an object, destroying humanity. One of the forms of a crime against humanity is rape. Currently, this form of a crime against humanity is committed against the civilian population of Ukraine. In order to effectively bring those guilty of committing this crime to justice at the international and national levels, it is necessary, first of all, to conduct a detailed study of rape as a form of a crime against humanity. That is why this scientific article analyzes in detail the concept and features of a crime against humanity, the genesis of the formation of such a phenomenon as rape in the context of crimes against humanity, and provides a criminal-legal characterization of the composition of this crime in accordance with international regulatory legal acts, in particular the Rome Statute. Of great importance in this study is the analysis of rape as a form of crime against humanity from three different aspects. The first aspect is the analysis of a crime against humanity as a general legal category - revealing the concept and features of this crime. The second aspect is to reveal the meaning of this international crime, in particular its form as rape, through a historical prism, during the world wars. And the third aspect is the criminal-legal characterization of the composition of rape as a form of crime against humanity from the point of view of international law. Therefore, this scientific work is intended not only to examine in detail rape as a form of crime against humanity in scientific and practical terms, but also to once again emphasize the importance of protecting human rights, as well as learning the historical lessons of the past to properly hold those guilty of crimes against humanity accountable.

The Position and Role of the International Criminal Court (ICC) In International Crime Resolution

International crimes, such as genocide and crimes against humanity, require effective law enforcement to prevent impunity and ensure justice. The International Criminal Court (ICC) was established as a permanent court to prosecute individuals responsible for such serious crimes. This study uses a qualitative approach with documentary analysis of international legal sources, ICC reports, and case studies. Data were collected through literature reviews and interviews with international law experts to gain an in-depth understanding of the functions and challenges faced by the ICC. The results show that although the ICC has an important role in upholding international justice, its effectiveness is often hampered by jurisdictional limitations, state non-compliance, and political factors. Diplomatic steps are needed to encourage more countries to ratify the Rome Statute and increase international cooperation in enforcing ICC decisions so that justice can be achieved more effectively at the global level.

Characteristics of The Crime of Genocide in An International Criminal Law Perspective

The crime of genocide, characterized by the systematic extermination of an ethnic or cultural group, is intrinsically linked to the persecution of a political entity, which often complicates the identification of the affected group and poses significant challenges to international relations. Recognized as an exceptional crime in the realm of international criminal law, genocide has been unequivocally condemned and prohibited, as articulated in important legal frameworks such as the 1948 Genocide Convention, the statutes of the International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR), and the 1998 Rome Statute. This study utilizes a normative legal research methodology, which draws on primary legal materials, including relevant regulations and documents, to conduct a thorough qualitative analysis. To effectively answer the research questions, we used a combination of conceptual, statutory and case law approaches, each of which contributed to a comprehensive understanding of the topic at hand. The results state that the nature of genocide is summarized in several tragic acts: the intentional deprivation of life of members of a particular group, inflicting severe physical or psychological suffering on them, and intentionally creating conditions that lead to the physical extermination of that group, either in whole or in part. In addition, genocide includes the adoption of measures designed to prevent births within the group and the forcible removal of children from their families for integration into other groups.

Whose [Crime] is it Anyway?

Abstract The concurrent increase in states’ cyber-capabilities and in the potential (mis)uses of artificial intelligence (AI) to further harmful state objectives raise the question: is ICL prepared to grapple with AI-powered cyberattacks conducted by and against states? Or does AI’s conduct run the risk of falling into a legal loophole, shielding from liability the human actors who commissioned its use? Addressing these questions, this article analyses how AI impacts ICL’s fundamental elements of international crimes — namely, the requirements of actus reus and mens rea. Specifically examining the literature’s more recently explored notion of the crime of ‘cyber-aggression’, this article scrutinizes the efficacy of the current text and interpretation of the Rome Statute in according international criminal responsibility where AI causes an act of cyber-aggression. It examines the spectrum on which potential acts of cyber-aggression may be fairly ‘reduced to human activity’, and thus where criminal responsibility may flow to the AI’s human instructor, versus where the act committed was perhaps too removed from human intervention to justify criminal responsibility under the applicable culpable mental state. In this article, the author argues the elements for criminal responsibility of an act of aggression, in their current construction and interpretation, are ill-prepared when faced with the murky implications of cyber-aggression conducted via state-backed AI systems. In order to engage in such a discussion, this article proceeds by providing an overview of the crime of aggression and introducing the emerging concept of ‘cyber-aggression’. Then, the article explores the challenges AI-powered acts of aggression present for the conventional elements of international criminal responsibility. Finally, the article details solutions posed by the literature and proposes an additional approach, before offering concluding remarks.

Príslušníci ozbrojených síl USA a trestnoprávne stíhanie vojnových zločinov

The article focuses on the position of US armed forces within national law and the possibilities of investigation and prosecution of US soldiers for war crimes primarily at the national level. The second part of the article aims to point out that even if some amendments were recommended to be implemented in case USA became a party to the Rome Statute of the International Criminal Court, ratification of the Rome Statute would not be barred even if they were not adopted. Such a conclusion follows the institutional and material framework set down in the Rome Statute, especially within the application of the principle of complementarity.

Ochrana práv dítěte za ozbrojeného konfliktu

The aim of this contribution is to examine the applicability and effectiveness of the norms of IHL and human rights relating to children in armed conflict situation. The question must be asked and answered in the context where the nature of armed conflicts has undergone profound changes since the 83 major international treaties, such as the 1949 Geneva Conventions and 1977 Geneva Protocols, were drafted. New armed conflicts; international as well as non-international are conducted in ways that have a profound, devastating impact on children, both as civilians and combatants. Question is, how does the international law effectively apply to armed conflicts that do not conform to earlier IHL models and their very aim has been the genocidal annihilation of ethnic group including its children, as in Rwanda and Yugoslavia. As clearly political trendy issue of the world community, new legal instruments have been created; UN Convention on the Rights of the Child (CRC), including its art. 38, a provision that traditionally belongs to the IHL, the Child Soldiers Protocol on the involvement of children in armed conflicts. The issue was also introduced in the 1998 Rome Statute of the International Criminal Court and the 1999 ILO Convention No. 182 on the worst forms of child work dealing with child soldiers. On the regional level, the only binding instrument was adopted, containing provisions on child recruitment and use in armed conflicts – African Charter on the Rights and Welfare of the Child (1990). Moreover, UN resolutions and recommendations discuss the issue, reports and extensively outlined disastrous effects of armed conflicts on children. New political and legal activities express broadly accepted conviction that children caught up in armed conflict constitute a group particularly vulnerable to human rights violations. In this way can be explained the inclusion of art. 38 in CRC. Being an IHL provision in human rights treaty, art. 38 contributes to fill a gap in the protection of the rights of children in armed conflicts. Hybrid character of art. 38 makes it possible to expand certain IHL features and new trends to human rights law. In the same way, being part of human rights treaty, art. 38 of CRC can also contribute to the actual interpretation of IHL. As to the significance of art. 38, the contribution of the Committee on Rights of the Child is the most important. Its concluding observations can actually change States Parties policies, legislation and practice. It is hoped that CRC Committee continues to be important actor in the era of application in which international community redirects its energy from the juridical task of the developing standards of protection of children in armed conflicts to the political projects of ensuring their application and respect on the ground.

Tantangan Mahkamah Pidana Internasional (ICC) dalam Pengusutan Kejahatan Serius pada Perang Rusia-Ukraina

This study aims to identify the challenges the International Criminal Court (ICC) may face in prosecuting the serious crimes committed during the Russia-Ukraine War. The research employs a normative legal method with statutory and conceptual approaches. The results show two substantial ICC challenges: the immunity of the alleged person as the Russian Head of State; and the issue of legitimacy regarding impartiality. Since Russia is not a State Party to the Rome Statute, the ICC’s jurisdiction over the Russia-Ukraine War was not invoked through the UN Security Council referral mechanism but rather through Ukraine’s approval or acceptance. Furthermore, the ICC’s legitimacy as an impartial judicial body will be at stake if there is a tendency for one-sided prosecution that only focuses on the Russian forces. When allegations of comparable serious crimes perpetrated by Ukrainian forces are ignored, and the Ukrainian criminal justice system does not work effectively to prosecute the alleged perpetrators, the ICC could be considered practicing ‘group-based selectivity’. Thus, the practice of selectivity can undermine the legitimacy of the ICC.

Classification of international crimes

The article examines the problems associated with the classification of international crimes. It is stated that in the doctrine of international law, international crimes are understood as the most serious and dangerous violations of the principles and norms of international law which encroach on the global interests of humanity and pose a threat to international peace and security. The author analyses the classification of international crimes provided for in the statutes of the Nuremberg and Tokyo International Military Tribunals, the Geneva Conventions, the United Nations documents, the Rome Statute, and case law. It is noted that the list of international crimes is only approximate, since it will constantly change as international law develops. Today, in our opinion, the corpus delicti of international crimes are most fully presented in the Rome Statute of the International Criminal Court of 1998. They include: genocide; crimes against humanity; war crimes; aggression. It is noted that, in addition to inhuman acts (murder, extermination, enslavement, exile and other cruelties committed against civilians before or during war) and persecution of a human group (for political, racial or religious reasons), the list of crimes against humanity also includes torture, sexual crimes, enforced disappearance of persons and apartheid when committed as part of a widespread or systematic attack against any civilians. It is noted that the full-scale russian armed aggression is accompanied by the commission of numerous international crimes on the territory of Ukraine which have no statute of limitations. The author emphasises that the main discrepancy between national legislation and generally recognised corpus delicti of international crimes in international criminal law is the absence of criminalisation of crimes against humanity and the absence of the institution of command responsibility (chief of command). It is concluded that the main legislative step is to bring the national criminal legislation of Ukraine into full compliance with the requirements of the Rome Statute of the International Criminal Court to ensure fair, necessary and inevitable punishment of persons who commit international crimes.

Legal mechanisms for environmental protection under martial law

This article is a comprehensive and thorough study of legal mechanisms for environmental protection under martial law, triggered by Russian aggression against Ukraine. Military actions have caused catastrophic consequences for ecosystems, including air, water, and soil pollution due to the use of explosives and ammunition. The author highlights international legal mechanisms such as the Geneva Conventions, the Rome Statute, and UN Conventions that regulate environmental protection during armed conflicts. The importance of UN resolutions on environmental security in wartime is also noted. Ukrainian legislation, adapted to the conditions of martial law, includes provisions from the Constitution of Ukraine, the Law on Environmental Protection, and other regulatory acts. However, the suspension of environmental impact assessments for certain activities increases ecological risks in the post-war period. Special attention is given to the Law of Ukraine on Amendments to Certain Legislative Acts Regarding Environmental Protection and Civil Defense Activities During Martial Law. Additionally, the author analyzes the state’s strategic initiatives for ecosystem restoration and the implementation of an environmental monitoring system that meets international standards. The article emphasizes the importance of developing climate adaptation measures, promoting environmental education, and enhancing international cooperation. Reports from the Ministry of Environmental Protection confirm progress in implementing these initiatives, including the creation of a greenhouse gas emissions registry. Based on the research, the author formulates practical recommendations, including strengthening the legal framework, intensifying international cooperation, institutional strengthening, preparing for restoration, and ensuring public oversight. A comprehensive approach to the implementation of these measures will help minimize environmental harm during the war and ensure Ukraine’s sustainable development in the future.

REASSESSING ARMENIA’S STANCE ON THE ROME STATUTE: CONSTITUTIONAL COMPLIANCE AND POSSIBLE IMPLICATIONS FOR ARMENIA

The Republic of Armenia signed the Rome Statute of the International Criminal Court in 1999 but found it unconstitutional in 2004. After constitutional amendments in 2005 and 2015, the issue resurfaced. In March 2023, Armenia’s Constitutional Court declared the Statute constitutional, allowing the continuation of the ratification process. This could enable the examination of issues related to Azerbaijan’s aggression in the ICC. The ICC’s recent issuance of an arrest warrant for Russian President Vladimir Putin has gained attention in Armenian media. In this article, I will first provide background information on the ICC. Next, I will examine the two decisions of the Constitutional Court. Finally, and most importantly, I will discuss the potential political and foreign policy implications of the ratification of the Statute.

Peran dan Tantangan International Criminal Court (ICC) dalam Percobaan Perdamaian Konflik Israel-Palestina

The International Criminal Court (ICC) plays a strategic role in upholding international law, particularly in addressing grave crimes such as genocide, crimes against humanity, and war crimes. In the context of the Israel-Palestine conflict, the ICC serves as an independent body offering hope to Palestine in seeking accountability for alleged human rights violations committed by Israel. This study analyzes the ICC’s role in the conflict and identifies the challenges it faces. The findings reveal that the ICC’s jurisdiction, as stipulated by the Rome Statute, encounters significant obstacles, particularly as Israel has not ratified the Rome Statute and firmly rejects the ICC’s authority. Conversely, Palestine, a member of the ICC since April 2015, has sought to utilize international legal mechanisms to pursue justice. The study concludes that while the ICC has considerable potential to enforce justice, legal and political challenges such as the refusal of cooperation by accused parties and the complex geopolitical dynamics limit its effectiveness. This research provides critical insights into the ICC’s role and challenges in administering justice in conflict zones, as well as its contribution to peace efforts in Israel and Palestine.

Kejahatan Genosida dan Hukum Internasional: Analisis Peran Icc dan Hambatan Yang Dihadapi dalam Penegakan Keadilan

Genocide is one of the most serious crimes in international law, regulated by various legal instruments such as the 1948 Genocide Convention and the 1998 Rome Statute. This crime involves the intent to destroy, in whole or in part, a group based on race, ethnicity, religion, or nationality. This study aims to analyze the role of the International Criminal Court (ICC) in enforcing genocide law and identify the obstacles in applying individual criminal responsibility. Additionally, mechanisms for resolving genocide disputes through peaceful and legal means in international law are discussed. The research employs a qualitative approach with a descriptive-analytical method, analyzing international legal documents and case studies. The results show that although the ICC has jurisdiction to try genocide cases, law enforcement processes often face political challenges, particularly the UN Security Council veto power and state sovereignty. In conclusion, international efforts to address genocide require stronger cross-country cooperation and enhanced legal mechanisms to overcome political and diplomatic challenges.

Ecocide, environmental harm and framework integration at the International Criminal Court

ABSTRACT As the International Criminal Court (ICC) increasingly focuses on environmental harm, and with ecocide formally proposed for adoption into the Rome Statute, the normative adjustments needed to accommodate this ecocentric shift require urgent analysis. Other branches of international law, such as environmental, human rights, and humanitarian law, will be critical in environmental harm proceedings. However, the conceptual basis to incorporate extrinsic law at the ICC under Article 21 of the Rome Statute has not been adequately explored, jurisprudence on it is inconsistent, and its practical implementation remains ad hoc. In seeking to reconcile the Rome Statute with its broader legal context, a well-known doctrine for the incorporation of disparate bodies of law is that of systemic integration, which has been espoused by Martii Koskenniemi and the International Law Commission. Yet, a deeper analysis reveals that this hermeneutically-bound approach is overly restrictive for the ICC’s environmentally-oriented activities. In its place, the article proposes a new approach called ‘framework integration’. The article pre-emptively addresses potential challenges to this novel theory, including the risks of the Court acting ultra vires and perpetuating inconsistent legal standards. This normative examination provides insights for the ICC and for other institutions charged with redressing atrocity crimes, which is particularly apposite for existing offences harming the environment as well as the proposed crime of ecocide.

Translation errors in Serbian legal regulations and their impact on text interpretation and law application

Law, in addition to government, is the main element of every state, and it is woven from a whole set of legal regulations. Language is the main tool for expressing the legal content of regulations. Proper application of the regulation and understanding of the will of the person who made the regulation primarily implies linguistic interpretation and understanding of the content of the translated document (as stipulated in the Translator's Charter). Namely, adequate implementation and application of a legal regulation, written in a foreign language, first requires a linguistic understanding of that regulation, which is the essence of the normative interpretation of law, and errors that may occur in the process of implementing the law are inevitably connected with the misinterpretation of the same. For the purpose of the topic of our paper, we have excerpted and analyzed a convenient sample of the official Serbian translation of the Rome Statute. The translation solutions were then cross examined and special emphasis was put on whether the truthfulness of the translation was conveyed to the target language, Serbian. In our preliminary analysis of the text, the hypothesis was that comparing the source text with the translation would show different translation solutions. Further examination was aimed at analysing the discrepancy of the source text with its translation and how such a result would jeopardize the correct interpretation of the Rome Statute. Final results showed that some of the errors did significantly alter the essence of the source text. Some examples showed wrong register usage whereas others showed a complete misunderstanding of the source text. In order to forestall such a translation "mismatching", any type of specific document (in this case legal text) should be translated by a language and translation expert (again, as stipulated in the Translator's Charter).

ELEMENTS OF ANALYSIS CYBERATTACKS AS WAR CRIMES. LEGAL AND PRACTICAL IMPLICATIONS IN MODERN MILITARY CONFLICTS

Cyber operations have emerged as significant elements of modern warfare, particularly in conflicts like those in Ukraine, where cyberattacks target essential infrastructure alongside physical military actions. This paper examines the potential for cyberattacks to be classified as war crimes under international law, analyzing criteria established by international legal frameworks such as the Rome Statute, Additional Protocol I, and the Tallinn Manual on International Law Applicable to Cyberwarfare. Through case studies and legal analysis, this paper outlines the challenges and implications of prosecuting cyber operations that harm civilians and critical infrastructure in conflict zones.

CRIMINAL LIABILITY OF COMMANDERS: IMPLEMENTATION OF THE ROMAN STATUTE IN UKRAINIAN LEGISLATION

The article analyzes the criminal liability of military commanders in the context of the ratification of the Rome Statute, which necessitated the implementation of its provisions into the national legislation of Ukraine. The main focus is on the responsibilities of commanders in preventing war crimes, crimes against humanity and genocide committed by subordinates and the conditions under which commanders may be held accountable in case of failure to take appropriate control or punishment measures. The article covers the structure of command responsibility under the international standards set out in the Rome Statute, which require commanders to ensure compliance with international humanitarian law during armed conflicts. This includes, in particular, criminal liability in cases where the commander knew or should have known about the intentions of subordinates to commit criminal acts, but failed to prevent it, which is in line with the principles of command responsibility. The study also highlights the difficulties faced by the Ukrainian legal system in the process of implementing international norms, in particular, given the need to harmonize national legislation with the provisions of the Rome Statute. The ratification of the statute in Ukraine was an important step towards the integration of international standards, but requires further amendments to the Criminal Code and training of the judiciary to implement these norms. Important elements are also the creation of a clear system for proving the responsibility of commanders, as well as the provision of judicial mechanisms for the consideration of cases involving suspected commanders. The scientific significance of the study lies in the in-depth analysis of the responsibility of military commanders, which contributes to the development of national human rights mechanisms and lays the foundation for the development of justice in accordance with international humanitarian norms. The conclusions of the article emphasize the critical role of integrating international law into national judicial practice, which will contribute to ensuring justice during armed conflicts, protecting human rights and strengthening the rule of law in Ukraine.

ADVANCING ECOCIDE IN INTERNATIONAL LAW: A POTENTIAL LEGAL TOOL FOR SAFEGUARDING ENDANGERED SPECIES AMIDST CLIMATE CHANGE

This article highlights the need to formalize a legal framework regulating the ecocide crime in international law, within the context of climate change that causes a biological diversity crisis in today’s world. Accordingly, this study’s main argument is to advocate for a definition to be adopted at international level, which will encompass elements of the ecocide crime. The study evaluates existing international legal instruments as the Geneva Conventions and the Rome Statute, highlighting their limitations in adequately addressing environmental harm. Elaborating ecocide with its criminal dimension in international law has a very crucial function for the protection of the elements of biological diversity, particularly, the endangered species which are currently facing with an existential danger in the face of human-induced climate change. The necessity of an international effort to define ecocide is clear. Adoption of a new Jus Cogens rule recognizing the rights of the environment will ensure the legal protection of nature and reinforce sustainable practices on a global scale. There is no doubt that for this to happen, an ecocentric approach that centers on the right to the environment and, more broadly, the legal personality and rights of the planet must be adopted.

Should Human-Rights Treaties Define the International Crime of Forced Marriage?

Forced marriage is an offence not listed as a crime in international criminal law (ICL) statutes. However, various international criminal courts have continued to prosecute individuals for, and convict them of, committing the offence of forced marriage. This raises an unanswered question regarding the principle of legality. This principle is at the centre of criminal justice and critical to the realisation of the accused’s right to a fair trial. Article 22 of the Rome Statute embraces the principle of legality by stating that an accused cannot be charged with an act or omission that did not constitute an offence at the time it was committed. Where sexual and gender-based crimes are not proscribed, those accused cannot be charged, which infringes on the rights of women to access justice. Conversely, on account of the principle of legality, if perpetrators are charged and prosecuted when no such crime is proscribed under ICL statutes, the fair-trial rights of the accused are violated as the principle of legality is undermined. It is, however, notable that there are provisions in international human-rights instruments (including article 23(3) of the International Covenant on Civil and Political Rights, and article 16(2) of the Universal Declaration of Human Rights) that prohibit forced marriage. Moreover, in terms of article 21 of the Rome Statute, applicable law before the International Criminal Court (ICC) includes “where appropriate, applicable treaties and the principles and rules of international law”. This article assesses whether there is room for recourse to be had to international human-rights law treaties to give meaning to the crime of other inhumane acts for purposes of prosecuting the crime of forced marriage, and what the implications are for the principle of legality.

Safeguarding Equal Rights in the Constitutional Practices of Ukraine and European Nations from the 18th to 20th Centuries

Objectives: The study aims to find opportunities to develop effective mechanisms for classifying war crimes in the current war in Ukraine and to bring perpetrators to justice. Theoretical Framework: There is an urgent need to develop a categorical concept of “war crime” in international criminal law and to resolve theoretical problems of the substantive legal basis. Method: The study applies general scientific and private scientific research methods: dialectical, systematic, historical, logical, comparative legal, formal legal and other methods. Results and Discussion: According to the amendments to the Rome Statute that added war crimes to the International Criminal Court (ICC) jurisdiction, a state must confirm the ICC’s jurisdiction over aggression for its citizens to be tried for the crime. However, Russia has not done so. Research Implications: The list of actions that may be considered violations of the laws and customs of war does not necessarily have to coincide with the list in Article 8 of the Rome Statute or the list of severe violations of international humanitarian law under the Geneva Convention or the first additional gap. It can be expanded, but not arbitrarily. Originality/Value: There is a wide field for both scientific research and practical discussion on the formation of vectors for the development of a system of recommendations on the qualification of war crimes in the context of the war in Ukraine, which, in the context of extreme tension in the Middle East, may be even more challenging for the international legal community.