Section 22p. 22

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

1. The Court shall have jurisdiction over natural persons

pursuant to this Statute.

2. A person who commits a crime within the jurisdiction

of the Court shall be individually responsible and liable for

punishment in accordance with this Statute.

3. In accordance with this Statute, a person shall be

criminally responsible and liable for punishment for a

crime within the jurisdiction of the Court if that person:

(a) Commits such a crime, whether as an individual,

jointly

with

another

or

through

another

person,

regardless of whether that other person is criminally

responsible;

(b) Orders, solicits or induces the commission of such a

crime which in fact occurs or is attempted;

(c) For the purpose of facilitating the commission of such

a crime, aids, abets or otherwise assists in its commission

or its attempted commission, including providing the

means for its commission;

(d) In any other way contributes to the commission or

attempted commission of such a crime by a group of

persons

acting

with

a

common

purpose.

Such

contribution shall be intentional and shall either:

(i) Be made with the aim of furthering the criminal

activity or criminal purpose of the group, where such

activity or purpose involves the commission of a crime

within the jurisdiction of the Court; or

(ii) Be made in the knowledge of the intention of the

group to commit the crime;

(e) In respect of the crime of genocide, directly and

publicly incites others to commit genocide;

(f) Attempts to commit such a crime by taking action that

commences its execution by means of a substantial step,

but the crime does not occur because of circumstances

independent

of

the

person's

intentions.

However,

a

person who abandons the effort to commit the crime or

otherwise prevents the completion of the crime shall not

be liable for punishment under this Statute for the

attempt to commit that crime if that person completely

and voluntarily gave up the criminal purpose.

4. No provision in this Statute relating to individual

criminal responsibility shall affect the responsibility of

States under international law.

ARTICLE 26

Exclusion of jurisdiction over persons under eighteen

The Court shall have no jurisdiction over any person who

was under the age of 18 at the time of the alleged

commission of a crime.

ARTICLE 27

Irrelevance of official capacity

1. This Statute shall apply equally to all persons without

any distinction based on official capacity. In particular,

official capacity as a Head of State or Government, a

member of a Government or parliament, an elected

representative or a government official shall in no case

exempt a person from criminal responsibility under this

Statute, nor shall it, in and of itself, constitute a ground for

reduction of sentence.

2. Immunities or special procedural rules which may

attach to the official capacity of a person, whether under

national or international law, shall not bar the Court from

exercising its jurisdiction over such a person.

ARTICLE 28

Responsibility of commanders and other superiors

In addition to other grounds of criminal responsibility

under this Statute for crimes within the jurisdiction of the

Court:

(a) A military commander or person effectively acting as a

military commander shall be criminally responsible for

crimes within the jurisdiction of the Court committed by

forces under his or her effective command and control, or

effective authority and control as the case may be, as a

result of his or her failure to exercise control properly over

such forces, where:

(i) That military commander or person either knew or,

owing to the circumstances at the time, should have

known that the forces were committing or about to

commit such crimes; and

(ii) That military commander or person failed to take all

necessary and reasonable measures within his or her

power to prevent or repress their commission or to

submit the matter to the competent authorities for

investigation and prosecution.

(b) With respect to superior and subordinate relationships

not

described

in

paragraph (a), a superior shall be

criminally responsible for crimes within the jurisdiction of

the Court committed by subordinates under his or her

effective authority and control, as a result of his or her

failure

to

exercise

control

properly

over

such

subordinates, where:

(i) The superior either knew, or consciously disregarded

information

which

clearly

indicated,

that

the

subordinates were committing or about to commit such

crimes;

(ii) The crimes concerned activities that were within the

effective responsibility and control of the superior; and

(iii)

The

superior

failed

to

take

all

necessary

and

reasonable measures within his or her power to prevent

or repress their commission or to submit the matter to

the

competent

authorities

for

investigation

and

prosecution.

ARTICLE 29

Non-applicability of statute of limitations

The crimes within the jurisdiction of the Court shall not

be subject to any statute of limitations.

ARTICLE 30

Mental element

1. Unless otherwise provided, a person shall be criminally

responsible and liable for punishment for a crime within

the jurisdiction of the Court only if the material elements

are committed with intent and knowledge.

2. For the purposes of this article, a person has intent

where:

(a) In relation to conduct, that person means to engage in

the conduct;

(b) In relation to a consequence, that person means to

cause that consequence or is aware that it will occur in

the ordinary course of events.

3. For the purposes of this article, "knowledge" means

awareness that a circumstance exists or a consequence

© Compiled by RGL

22 of 192