ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT1

Adopted by UN Conference July 17, 1998; entered into force July 1, 2002

PREAMBLE

The States Parties to this Statute,

Conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this delicate mosaic may be shattered at any time,

Mindful that during this century millions of children, women and men have been victims of unimaginable atrocities that deeply shock the conscience of humanity,

Recognizing that such grave crimes threaten the peace, security and well-being of the world,

Affirming that the most serious crimes of concern to the international community as a whole must not go unpunished and that their effective prosecution must be ensured ,

Determined to put an end to impunity for the perpetrators of these crimes and thus to contribute to the prevention of such crimes,

Recalling that it is the duty of every State to exercise its criminal jurisdiction over those responsible for international crimes,

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Emphasizing . . . that nothing in this Statute shall be taken as authorizing any State Party to intervene in an armed conflict or in the internal affairs of any State . . .

Have agreed as follows:

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Article 5

Crimes within the jurisdiction of the Court

1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international community as a whole . . .:

(a) The crime of genocide;

(b) Crimes against humanity;

(c) War crimes;

(d) The crime of aggression.

 2. The Court shall exercise jurisdiction over the crime of aggression once a provision is adopted . . . defining the crime and setting out the conditions under which the Court shall exercise jurisdiction with respect to this crime.

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Article 27

Irrelevance of official capacity

1. This Statute shall apply equally to all persons without any distinction based on official capacity.  In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statue . . .

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Article 29

Non-applicability of statute of limitations

The crimes within the jurisdiction of the Court shall not be subject  to any statute of limitations.

 

 

 

 

1 Excerpts. Bold emphasis added.  The full text of the Rome Statute may be accessed at legal.un.org/icc/statute/romefra.htm.