In July 1998 Britain became a founding signatory to the inter-governmental treaty known as the Rome Statute. This treaty set up the world’s first permanent international criminal court in The Hague, and ceded ultimate jurisdiction over the universal crimes of ‘genocide, crimes against humanity and war crimes’ to the Court. This new system of international criminal law came into force in July 2002 when Australia became the sixtieth state to ratify the treaty, and for the first time in 1600 years every British citizen or resident became subject to international criminal law and an external law enforcement authority.
25.(3) In accordance with this Statute, a person shall be criminally responsible and liable for punishment for a crime [genocide, a crime against humanity and a war 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;
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…
27.(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, 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.
Comment
This treaty is the culmination of fifty years of efforts by the world community to introduce an international system of war law enforcement. As wars are started by political leaders and never by a nation’s citizens, it was held to be essential that the world possessed law enforcement processes strong enough to hold the most powerful leaders to account for their war crimes in court. Although to date the USA has refused to ratify this treaty, 105 nations have done so, making it the most important treaty against warfare and the mistreatment of human beings yet devised. As this is the first attempt to set up a system designed to hold world leaders to account for their war crimes, it behoves us all to do everything in our power to support its operation and compel political, civil and military leaders to pursue the interests of humanity rather than the illusory and limited benefits of wealth, power and world domination.
