February 10, 2006

International Criminal Court Takes a Pass on Iraq Allegations
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Prosecutor decision demonstrates that court safeguards work

Washington, DC – The International Criminal Court (ICC) announced today that it would not proceed with an investigation into allegations of war crimes in Iraq. The ICC’s decision was communicated in a letter to groups that had submitted evidence of alleged crimes committed in Iraq.

The ICC only has jurisdiction over people from countries that have joined the Court or have committed crimes on the territory of countries that have joined. The ICC does not have jurisdiction over any alleged crimes committed by U.S. or Iraqi troops in Iraq, because neither of these countries has joined the Court. Therefore, the Prosecutor only addressed alleged crimes committed by individuals from nations that have ratified the ICC treaty.

“This latest decision demonstrates – once again – that the safeguards against abuse that the U.S. and our allies built into the ICC treaty are working,” said Heather B. Hamilton, Vice President of Citizens for Global Solutions, a leading advocacy organization for a strong and effective ICC.

“The interesting thing about this decision is that it indicates how the Prosecutor is choosing which cases are serious enough to merit consideration by the ICC,” she said. “Even though some of the crimes fell within the jurisdiction of the Court, they were not grave enough for the Court to prosecute.

Hamilton noted that the Court is currently investigating conflicts in which hundreds of thousands have died and millions have been displaced.


The Prosecutor’s letter at a glance:

• The Prosecutor, who is required by statute to analyze all communications about alleged crimes and determine whether they warrant a formal investigation, was responding to the 240 complaints from citizens and organizations regarding military operations and loss of human life in Iraq.

• The ICC does not have jurisdiction over crimes committed by U.S. or Iraqi individuals in Iraq, as neither the U.S. nor Iraq have joined the ICC treaty. The ICC can only address crimes committed by individuals who are nationals of countries that join the ICC treaty or commit crimes on the territory of a country that has joined the treaty.

• The Court did receive some complaints about activities of soldiers from countries that had joined the ICC (States-Parties) and therefore were subject to its jurisdiction.

• The information provided in the complaints did not indicate that Coalition forces from ICC member states had participated in crimes against humanity or genocide.

• Information gathered by the Prosecutor did not indicate intentional attacks by the Coalition forces from ICC member states on a civilian population in Iraq.

• The Prosecutor’s analysis indicated that there was a reasonable basis to believe that willful killing and inhumane treatment, crimes within the jurisdiction of the court, had been committed, with an estimated 4 to 12 victims of willful killing and less than 20 victims of inhuman treatment.

• The Court’s jurisdiction over these war crimes is subject to a threshold of gravity, which is set out in Article 8(1), which states, “the Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.”

• Taking into account the number of potential victims of crimes, as compared to the hundreds of thousands killed and millions displaced in the three situations currently before the Court (Darfur, Democratic Republic of Congo and Northern Uganda), the Prosecutor determined that the situation in Iraq did not meet the necessary threshold of gravity of crimes.

• Because of the determination on gravity, the Office of the Prosecutor did not reach a decision on complementarity, which refers to the principle that the Court cannot take up a case unless national systems are destroyed or unable to handle the case, or are deliberately shielding the accused from justice. However, the Prosecutor determined that national proceedings had been initiated with respect to each of the relevant incidents.

• The Prosecutor noted that “effectively functioning national legal systems are in principle the most appropriate and effective forum for addressing allegations of crimes of this nature.”

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+ CLICK HERE FOR THE FULL TEXT OF THE PROSECUTOR’S DECISION

Notes to Editors:
Citizens for Global Solutions is a non-partisan membership organization that envisions a future in which nations work together to abolish war, protect our rights and freedoms, and solve the problems facing humanity that no one nation can solve alone.


Updated February 10, 2006

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Howard Salter
Director of Communications
202 546 3950 ext. 112