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
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
1
2
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
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