Non-state actors and the “Organizational Policy” requirement under the Rome Statute

Abstract

Although Violent Non-State Actors are not a novel phenomenon within the international arena, their activities throughout the past years have exerted profound impacts. The underlying objective of the research is to analyse violent non-state actors through the “organizational policy” requirement specially addressing crimes against humanity. An evaluation of the Rome Statute is imperative in this regard, which seems to suggest that the crime does not only require a degree of violence, but also a degree of organisation in its execution. Thus the study is deemed vital to analyse the degree of organisation required for the execution of crimes against humanity and simultaneously the “policy” adopted within these crimes. The methodology used in the compilation of the necessary data embraced both primary and secondary sources. The primary sources included case-law and statutes. Secondary sources embrace publications, research perspectives and the theoretical implications within international criminal law. The outcomes of this research reflect that violent non-state actors represent diverse groups with distinct interests and objectives, and resorting to different options in order to attain their goals. Whilst it transpires that the majority of the cases in front of the ICC largely involve non-state actors. Further it is apparent that the “organizational policy” requirement within the ICC Chambers undertook distinct interpretations regarding the underlying implications of the phenomenon. This thesis affirms the need for a broader approach towards the “organizational policy”. One has to take into account that a strict approach might not take into consideration the exigencies of the international community in light of the contemporary political climate. Ultimately, the ICC as the only permanent international court, must ensure justice, peace and security, reassuring that impunity does not surface.