| Kirsch's Gamble (A look at the latest draft of the proposed ICC Statute, released late Thursday)
- Crimes: Genocide, Crimes against humanity, War
Crimes, Aggression (once defined)
- Gender: Includes "forced pregnancy, " whose definition
"shall not in any way be interpreted as affecting national laws regarding
pregnancy."
- Nuclear weapons (bracketed): "
weapons, projectiles and
material and methods of warfare which are of a nature to cause superflous injury or
unnecessary suffering or which are inherently indiscriminate
provided that such
weapons are the subject of a comprehensive prohibition and are included in an annex to
this Statute.."
- Internal conflicts: bracketed.
- Elements of crimes: limited to genocide, war crimes and crimes against
humanity, to be adopted by two-thirds of the Assembly. Amendments to be proposed by State
parties, judges and the Prosecutor.
- Jurisdiction: to three core crimes; either the state on the territory of
which the crime was committed or the state of nationality of the accused must be a party
or had accepted jurisdiction.
- Prosecutor: proprio motu attributes and a pre-trial chamber.
- Security Council: may stop proceedings for 12 months, with possible
renewal.
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