III. ACCOUNTABILITY AND THE RIGHTS OF VICTIMS
children, child prostitution and child pornography,114 few international
human rights treaties contain provisions regarding the criminalization and
prosecution of human rights violations. Yet, even if certain human rights
violations are not covered in specific treaties, perpetrators may be brought
to justice if the violations correspond to genocide, crimes against humanity
or war crimes in those cases where the International Criminal Court can
exercise jurisdiction, or under domestic law, which sometimes allows for
its extraterritorial application to certain serious violations of international
human rights law.
(b) The extent of individual criminal responsibility
The Rome Statute provides the most recent codification of individual
responsibility for international crimes. Article 25.3 indicates that “in
accordance with this Statute, a person shall be criminally responsible and
liable for punishment for a crime within the jurisdiction of the Court” and
then lists a series of criminal behaviour, such as committing the crime,
ordering or instigating it.
It is particularly important for human rights officers confronted by an
ongoing situation to note that, according to article 25.3 (f) of the
Rome Statute, “a person who abandons the effort to commit the crime
or otherwise prevents the completion of the crime shall not be liable for
punishment under this Statute for the attempt to commit that crime if that
person completely and voluntarily gave up the criminal purpose.” This key
provision might facilitate the efforts of human rights advocates who are
trying to use the threat of possible international prosecution to influence
ongoing events.
Here are some of the most important principles in individual criminal
responsibility:
recruitment and use, including the adoption of legal measures necessary to prohibit and
criminalize such practices.”
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See arts. 3 and 7.
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