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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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