Article 1 Competence of the International Tribunal
The International Tribunal shall have the power to prosecute persons responsible
for serious violations of international humanitarian law committed in the
territory of Iraq since 29 February 1992 in accordance with the provisions of the
present Statute.
Article 2 Crime of Aggression
1. The International Tribunal shall have the power to prosecute persons
committing or ordering to be committed crime of aggression.
2. For the purpose of this Statute, the crime of aggression is committed by a
person who is in a position of exercising control or capable of directing
political/military actions in his or her State, against another State, or depriving other peoples of their rights to self-determination, freedom and independence, in
contravention of the Charter of the United Nations, by resorting to armed force
to threaten or to violate the sovereignty, territorial intergrity or political
independence of that State or the inalienable rights of those people.
3. Acts constituting aggression include the following, whether preceded by a
declaration of war or not:
(a) The invasion or attack by the armed forces of a State of the territory of
another State, or any military occupation, however temporary, resulting from
such invasion or attack, or any annexation by use of force of the territory of
another State or part thereof;
(b) Bombardment by the armed forces of a State against the territory of another
State, or use of any weapons by a State against the territory of another State;
(c) The blockade of the ports or coasts of a State by the armed forces of another
State;
(d) An attack by the armed forces of a State on the land, sea or air forces, or
marine and air fleets of another State;
(e) The use of armed forces of one State which are within the territory of another
State with the agreement of the receiving State in contravention of the conditions
provided for in the agreement, or any extension of their presence in such territory
beyond their termination of the agreement;
(f) The action of a State in allowing its territory, which it has placed at the disposa
l of another State, to be used by that other State for perpetrating an act of
aggression against a third State;
(g) The sending by or on behalf of a State of armed bands, groups, irregulars or
mercenaries which carry out acts of armed force against another State of such
gravity as to amount to the acts listed above or its substantial involvement
therein.
Article 3 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:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about
its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
Article 4 Crimes against humanity
The International Tribunal shall have the power to prosecute persons responsible
for the following crimes when committed as part of a widespread or systematic
attack directed against any civilian population in armed conflictor peace time, whether international or internal in character:
(a) murder;
(b) extermination;
(c) enslavement;
(d) deportation;
(e) imprisonment;
(f) torture;
(g) rape;
(h) persecutions on political, racial and religious grounds;
(i) other inhumane acts.
Article 5 War Crimes
1.The International Tribunal shall have the power to prosecute persons
committing or ordering to be committed grave breaches of the Geneva
Conventions of 12 August 1949, namely the following acts against persons or
property protected under the provisions of the relevant Geneva Convention:
(a) wilful killing;
(b) torture or inhuman treatment, including biological experiments;
(c) wilfully causing great suffering or serious injury to body or health;
(d) extensive destruction and appropriation of property, not justified by military
necessity and carried out unlawfully and wantonly;
(e) compelling a prisoner of war or a civilian to serve in the forces of a hostile
power;
(f) wilfully depriving a prisoner of war or a civilian of the rights of fair and regular
trial;
(g) unlawful deportation or transfer or unlawful confinement of a civilian;
(h) taking civilians as hostages.
2. The International Tribunal shall have the power to prosecute persons
committing or ordering to be committed other serious violations of the laws and
customs applicable in international armed conflict, within the established
framework of international law, namely, any of the following acts:
(a) Intentionally directing attacks against the civilian population as such or
against individual civilians not taking direct part in hostilities;
(b) Intentionally directing attacks against civilian objects, that is, objects which
are not military objectives;
(c) 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;
(d) 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;
(e) Attacking or bombarding, by whatever means, towns, villages, dwellings or
buildings which are undefended and which are not military objectives;
(f) Killing or wounding a combatant who, having laid down his arms or having no
longer means of defence, has surrendered at discretion;
(g) 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;
(h) 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;
(i) 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;
(j) 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;
(k) Killing or wounding treacherously individuals belonging to the hostile nation or
army;
(l) Pillaging a town or place, even when taken by assault;
(m) Employing poison or poisoned weapons;
(n) Employing asphyxiating, poisonous or other gases, and all analogous liquids,
materials or devices;
(o) 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 methods of warfare are
the subject of a comprehensive prohibition;
(p) Committing outrages upon personal dignity, in particular humiliating and
degrading treatment;
(q) Committing rape, sexual slavery, enforced prostitution, forced pregnancy,
enforced sterilization, or any other form of sexual violence also constituting a
grave breach of the Geneva Conventions;
(r) Utilizing the presence of a civilian or other protected person to render certain
points, areas or military forces immune from military operations;
(s) 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. The International Tribunal can refer to the Protocol Additional to the Geneva
Conventions of 12 August 1949, and relating to the Protection of Victims of
International Armed Conflicts, adopted on 8 June 1977 to clarify the difinition of
war crimes.
Article 6 Personal jurisdiction
The International Tribunal shall have jurisdiction over natural persons pursuant to
the provisions of the present Statute.
Article 7 Individual criminal responsibility
1. A person who commits a crime within the jurisdiction of the Court shall be
individually responsible and liable for the crime in accordance with this Statute.
2. In accordance with this Statute, a person shall be criminally responsible and
liable 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, solicts 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.
3. The official position of any accused person, whether as Head of State or
Government or as a responsible Government official, shall not relieve such person
of criminal responsibility.
4. The fact that any of the acts referred to in articles 2,3,4 and 5 of the present
Statute was committed by a subordinate does not relieve his superior of criminal
responsibility if he knew or had reason to know that the subordinate was about to
commit such acts or had done so and the superior failed to take the necessary and
reasonable measures to prevent such acts or to punish the perpetrators thereof.
5. The fact that an accused person acted pursuant to an order of a Government or
of a superior shall not relieve him of criminal responsibility.
Article 8 Responsibility of State
No provision in Statute and Rules relating to individual criminal responsibility shall
affect the responsibility of States under international law.
Article 9 Territorial and temporal jurisdiction
1.The territorial jurisdiction of the International Tribunal shall extend to the territory
of Afghanistan, including its land surface, airspace and territorial waters.
2.
The temporal jurisdiction of the International Tribunal shall extend to a period
beginning on 29 February 1992.
Article 10 Organization of the International Tribunal
The International Tribunal shall consist of the following organs:
(a) The Judge;
(b) The Prosecutor;
(c) A Registry, servicing both the Chamber and the Prosecutor.
Article 11 Composition of the Chamber
The Chamber shall be composed of seven independent judges.
Article 12 Qualifications of judges
The judges shall be persons of high moral character, impartiality and integrity who
possess the qualifications required in their respective countries for appointment
to the highest judicial offices. In the overall composition of the Chamber due
account shall be taken of the experience of the judge in criminal law, international
law, including international humanitarian law and human rights law.
Article 13 Rules of procedure and evidence
The judges of the International Tribunal shall adopt rules of procedure and
evidence for the conduct of the pre-trial phase of the proceedings, trials , the
admission of evidence, the protection of victims and witnesses and other
appropriate matters.
Article 14 The Prosecutor
1. The Prosecutor shall be responsible for the investigation and prosecution of
persons responsible for serious violations of international humanitarian law
committed in the territory of Iraq since 29 February 1992.
2. The Prosecutor shall be of high moral character and possess the highest level of
competence and experience in the conduct of investigations and prosecutions of
criminal cases.
3. The Prosecutor shall act independently as a separate organ of the International
Tribunal. He or she shall not seek or receive instructions from any Government or
from any other source.
4. The Office of the Prosecutor shall be composed of Prosecutor and such other
qualified staff as may be required.
Article 15 The Registry
1. The Registry shall be responsible for the administration and servicing of the
International Tribunal.
2. The Registry shall consist of a Registrar and such other staff as may be required.
Article 16 Investigation and preparation of indictment
1. The Prosecutors shall initiate investigations ex-officio or on the basis of
information obtained from any source, particularly from Governments, United
Nations organs, intergovernmental and non-governmental organizations. The
Prosecutors shall assess the information received or obtained and decide whether
there is sufficient basis to proceed.
2. The Prosecutors shall have the power to question suspects, victims and
witnesses, to collect evidence and to conduct on-site investigations.
3. Upon a determination that a prima facie case exists, the Prosecutors shall
prepare an indictment containing a concise statement of the facts and the crime
or crimes with which the accused is charged under the Statute.
Article 17 Protection of Victims and Witnesses
The International Tribunal shall provide in its rules of procedure and evidence for
the protection of victims and witnesses. Such protection measures shall include,
but shall not be limited to, the conduct of in camera proceedings and the
protection of the victim's identity.
Article 18 Amicus Curiae
The Chamber may, if it considers it desirable for the proper determination of the
case, invite or grant leave to an organization or person to appear before it and
make submissions on any issue specified by the Chamber.
Article 19 Judgement
1. The Trial Chamber shall pronounce judgements on persons convicted of serious
violations of international humanitarian law.
2. The judgement shall be rendered by a consensus , and shall be delivered by the
Trial Chamber in public.
Article 20 Recommendations
The Trial Chamber shall pronounce recommendations to persons convicted of
serious violations of international humanitarian law, related governments and
international community.
Article 21 Cooperation and judicial assistance.
1. Non-governmental organisations shall cooperate with the International Tribunal
in the investigation and prosecution of persons accused of committing serious
violations of international humanitarian law.
2. Non-governmenatal organisations shall comply without undue delay with any
request for assistance or an order issued by a Trial Chamber, including, but not
limited to:
(a) the identification and location of persons;
(b) the taking of testimony and the production of evidence;
(c) the service of documents.
Article 22 Seat of the International Tribunal
The International Tribunal shall have its seat at Tokyo.
Article 23 Expenses of the International Tribunal
The expenses of the International Tribunal shall be borne by non-governmental
organisations.
Article 24 Working languages and calendars
1. The working languages of the International Tribunal shall be Japanese and
English.
2. The calender of the International Tribunal shall be the Gregolius calender.
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