A/HRC/40/CRP.1 crime of deportation from one State Party to another State Party.”337 The Pre-Trial Chamber further explained that “various types of conduct may, if established to the relevant threshold, qualify as ‘expulsion or other coercive acts’ for the purposes of the crime against humanity of deportation, including deprivation of fundamental rights, killing, sexual violence, torture, enforced disappearance, destruction and looting.”338 Where crimes committed in South Sudan include an element committed in the territory of a State Party, the pre-conditions for jurisdiction would be satisfied. Relevant neighbouring States Parties to the ICC in the South Sudanese context include Uganda, Kenya, the Central African Republic, and the Democratic Republic of Congo. Careful consideration could be given to crimes against humanity which start in South Sudan and finish in these States. 4. Prosecution Outside South Sudan for International Crimes Committed in South Sudan In addition, those suspected of international crimes may be arrested and prosecuted in States that have jurisdiction over such crimes committed outside their territory. Several States have adopted legislation that would allow them to prosecute the international crimes listed in Articles 6, 7, 8 of the ICC Statute, and referenced in the Geneva Conventions and their Protocols. Moreover, the list of war crimes under customary international law that could be investigated and prosecuted by other States extends beyond those listed in the Rome Statute and is said to include: using prohibited weapons; launching an indiscriminate attack resulting in death or injury to civilians, or an attack in the knowledge that it will cause excessive incidental civilian loss; injury or damage; making non-defended localities and demilitarised zones the object of attack; using human shields; slavery; collective punishment; using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including by impeding relief supplies. 339 Of particular relevance here is the war crime of launching an indiscriminate attack resulting in death or injury to civilians. The ICRC Rules on Customary International Humanitarian Law state in Rule 157 that: “States have the right to vest universal jurisdiction in their national courts over war crimes.” In many cases, the legislation will require that the individual is present in the territory of the prosecuting State, but the Geneva Conventions do not require any particular link between the accused and the prosecuting State. States parties to the Convention Against Torture may also decide to prosecute those accused of torture who are found in their territory where they have created jurisdiction to try those found on their territory as foreseen in Article 7(1) of the Convention. In this regard, it is noteworthy that acts of gender-based violence including rape can be forms of torture and individuals may therefore be prosecuted for the crime of torture separately from torture as a war crime, or as a crime against humanity.340 States parties to the International Convention for the Protection of All Persons from Enforced Disappearance may prosecute the crime of ‘enforced disappearance’ when the alleged perpetrator is present in any territory under their jurisdiction.341 The crime of enforced disappearance is defined in the Convention as “the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to ICC, “Decision on the ‘Prosecution’s Request for a Ruling on Jurisdiction under Article 19(3) of the Statute’”, ICC-RoC46(3)01/18-37, 6 September 2018, para. 71. 338 ICC, “Decision on the ‘Prosecution’s Request for a Ruling on Jurisdiction under Article 19(3) of the Statute’”, ICC-RoC46(3)01/18-37, 6 September 2018, para. 61. 339 J.-M. Henckaerts and L. Doswald-Beck, Customary International Humanitarian Law - Volume 1: Rules, ICRC Customary Study (Cambridge: Cambridge University Press, 2005), p. 599. 340 Convention Against Torture, Article 1; Committee Against Torture, General Comment No. 2, Implementation of Article 2 by State Parties, (CAT/C/GC/2), 24 January 2008; CEDAW Committee, General Recommendation No. 19. Rape and sexual violence have been recognized as forms of torture by several international human rights mechanisms including the international criminal tribunals, Committee Against Torture and by independent special rapporteurs. See for example: Prosecutor v. Akayesu, ICTR-96-4-T, Trial Judgment, 2 September 1998; ICTY Prosecutor v. Kunarac, No. IT-96-23, Trial Judgement, 22 February 2001; Committee Against Torture, General Comment No. 2, Implementation of Article 2 by State Parties (CAT/C/GC/2), 24 January 2008. 341 International Convention for the Protection of All Persons from Enforced Disappearance, Article 9. 337 48