D. The International Criminal Court
46. The Commission has established new mechanisms, such as the Special Rapporteur on Prisons, the Special Rapporteur on Arbitrary and Summary Executions
and the Special Rapporteur on Women, whose mandate is
to report during the open sessions of the Commission.
These mechanisms have created opportunities for victims
and NGOs to send information directly to special rapporteurs. At the same time, a victim or an NGO can make a
complaint to the Commission regarding acts of torture as
defined in article 5 of the African Charter. While an individual complaint is pending before the Commission, the
victim or the NGO can send the same information to
special rapporteurs for their public reports to the
Commission’s sessions. To provide a forum for adjudicating claims of violations of the rights guaranteed in the
African Charter, the Organization of African Unity
Assembly adopted a protocol for the establishment of the
African Court of Human and Peoples’ Rights in June
1998.
47. The Rome Statute of the International Criminal
Court, adopted on 17 July 1998, established a permanent
international criminal court to try individuals responsible
for genocide, crimes against humanity and war crimes (A/
CONF.183/9). The Court has jurisdiction over cases
alleging torture either as part of the crime of genocide or
as a crime against humanity, if the torture is committed as
part of a widespread or systematic attack, or as a war
crime under the Geneva Conventions of 1949. Torture is
defined in the Rome Statute as the intentional infliction of
severe pain or suffering, whether physical or mental, upon
a person in the custody or under the control of the
accused. As of 25 September 2000, the Rome Statute of
the International Criminal Court had been signed by 113
countries and ratified by 21 States. The Court will have its
headquarters in The Hague. This Court has jurisdiction
only in cases in which States are unable or unwilling to
prosecute individuals responsible for the crimes described
in the Rome Statute.
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