A/HRC/17/44
the Geneva Conventions of 12 August 1949, and relating to the protection of victims of
international armed conflicts (Protocol I).55
67.
As the Security Council has underlined in its resolution 1325 (2011), it is important
for all States to apply fully the relevant norms of international humanitarian law and
international human rights law to women and girls, and to take special measures to protect
women and girls from gender-based violence during armed conflict.56
(c)
International criminal law
68.
International criminal law provides the means of enforcement at the international
level of egregious violations of international human rights law and serious violations of
international humanitarian law which are recognized at international law as attracting
individual criminality. The Libyan Arab Jamahiriya is not party to the Rome Statute of the
International Criminal Court. However, pursuant to the Rome Statute, the Security Council
referred the situation of the Libyan Arab Jamahiriya to the Prosecutor of the Court in
resolution 1970 (2011). The Court can exercise jurisdiction over war crimes, crimes against
humanity and genocide as defined in the Rome Statute. 57 There have been no allegations of
genocide in the context of Libya thus far. However, there have been allegations of facts
which may constitute war crimes and/or crimes against humanity under the Statute.
69.
War Crimes: A detailed listing of which actions constitute war crimes under the
Rome Statute is contained in article 8 of the Statute. In the context of non-international
armed conflict, this comprises serious violations of common article 3 and other serious
violations of the laws and customs of international law applicable in non-international
armed conflict. In the context of an international armed conflict, these actions comprise
grave breaches of the Geneva Conventions and acts which constitute serious violations of
the laws and customs of international law applicable in international armed conflict.
70.
Crimes against humanity are crimes that shock the conscience of humanity.
According to the definition provided in the Rome Statute, crimes against humanity occur
where certain acts are undertaken as part of a widespread or systematic attack against any
civilian population with knowledge of the attack (art. 7).58 The individual crimes committed
in this context may include murder, extermination, enslavement, deportation or forced
transfer of population, imprisonment, torture, rape, persecutions against any identifiable
group or collectivity on political, racial, national, ethnic, cultural, religious, gender or other
grounds, enforced disappearance, apartheid, or other inhumane acts of a similar character
intentionally causing great suffering or serious injury to body or to mental or physical
health. There is no necessity for a nexus with an armed conflict in order to demonstrate that
a crime against humanity has been committed.
55
56
57
58
22
The only States participating or providing support functions for the military intervention, which are
not party to Protocol I are Turkey and the United States of America.
See also Security Council resolution 1820 (2008).
See William Schabas, The International Criminal Court: A Commentary on the Rome Statute
(Oxford, Oxford University Press, 2010), Otto Triffterer, Commentary on the Rome Statute of the
International Criminal Court: Observers’ Notes, Article by Article, second ed. (Oxford, Hart
Publishing, 2008) and M. Cherif Bassiouni, International Criminal Law (3 vols.) third ed. (Boston,
Martinus Nijhoff, 2008).
See M. Cherif Bassiouni, Crimes Against Humanity: Historical Evolution and Contemporary
Practice (Cambridge, Cambridge University Press, 2011).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents