TurtleWoman · @TurtleWoman777
23rd Oct 2015 from TwitLonger
#Syria #Genocide #ChemicalWeapons #IntlCriminalLaw #UN #ICC #Violations
"Noting article 9 of the Statute on the Elements of Crimes which states that such Elements shall ASSIST the Court in the interpretation and APPLICATION of the provisions of the crimes -> within its jurisdiction,
Taking due account of the FACT that the crimes of employing POISON or poisoned WEAPONS; of employing ASPHYXIATING poisonous or other GASES and all analogous liquids, materials or devices..ALREADY FALL WITHIN the JURISDICTION of the COURTS #IntlCrimCourt under #article8_paragraph2(b), as MOST SERIOUS VIOLATIONS of THE LAW and CUSTOMS APPLICABLE IN international armed conflict,
Noting
the relevant elements of the crimes within the Elements of Crimes ALREADY adopted by the Assembly of States Parties on 9 September 2000,
Considering that the abovementioned relevant elements of the crimes *can "also help in their INTERPRETATION and APPLICATION in armed conflict not of an international character,
in that inter alia they specify that
the conduct took place in the context of
and was associated with
an armed conflict which consequently confirm the exclusion from the Court's jurisdiction of law enforcement situations,
Considering that the crimes referred to in article 8, paragraph 2 (e) (xiii) (employing poison or poisoned weapons) and in article 8, paragraph 2 (e) (xiv) (asphyxiating, poisonous or other gases, and all analogous liquids, materials and devices) are serious violations of the laws AND customs applicable in armed conflict not of an international character, as reflected in customary international law,..
1. Decides to adopt the amendment to article 8, paragraph 2 (e), of the Rome Statute of the International Criminal Court contained in annex I to the present resolution, which is subject to ratification or acceptance and shall enter into force in accordance with article 121, paragraph 5, of the Statute;
2. Decides to adopt the relevant elements to be added to the Elements of Crimes, as contained in annex II to the present resolution.
Amendment to article 8
Add to article 8, paragraph 2 (e), the following:
“(xiii) Employing poison or poisoned weapons;
(xiv) Employing asphyxiating, poisonous or other gases, and all analogous liquids, materials or devices..
Elements
1. The perpetrator employed a substance or a weapon that releases a substance as a result of its employment.
2. The substance was such that it causes death or serious damage to health in the ordinary course of events, through its toxic properties.
3. The conduct took place in the context of and was associated with an armed conflict not of an international character.
4. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
Article 8 (2) (e) (xiv)
War crime of employing prohibited gases, liquids, materials or devices
Elements
The perpetrator employed a gas or other analogous substance or device.
The gas, substance or device was such that it causes death or serious damage to
health in the ordinary course of events, through its asphyxiating or toxic properties.1
3. The conduct took place in the context of and was associated with an armed conflict not of an international character.
4. The perpetrator was aware of factual circumstances that established the existence of an armed conflict.
1 Nothing in this element shall be interpreted as limiting or prejudicing in any way existing or developing rules of international law with respect to the development, production, stockpiling and use of chemical weapons.
Elements of Crimes
Add the following elements to the Elements of Crimes:
Article 8 (2) (e) (xiii)
War crime of employing poison or poisoned weapons