Missing core crimes : the case for their inclusion within the Rome statute of the International Criminal Court

Abstract

Following the decision by the ICC in the case of Thomas Lubanga Dyilo, a clear message has been sent; the perpetrators of the worst crimes cannot escape justice. The Court presently has jurisdiction over the crimes of genocide, war crimes, crimes against humanity and aggression. It is hoped that such success will trigger the States that are still not a party to the Treaty to reconsider their position in order for there to be universal application. International criminal law is constantly evolving and the Court can serve to influence international law through its interpretation and decisions, since its decisions will most likely be followed. Crimes against humanity do not require a nexus to an armed conflict therefore the world awaits anxiously for the Court to be seized of a case that involves such a crime in peacetime, as this may encourage many welcome changes. There are, however, other crimes that are considered as deeply shocking to the conscience of humanity, such as the crimes of terrorism and trafficking in persons. While the crime of drug trafficking may threaten the peace, security and well being of States. However, these crimes do not fall within the Court's jurisdiction. The international community has addressed these crimes through numerous Treaties which provide for, cooperation between States through mutual legal assistance in investigation and prosecution, jurisdiction, extradition, transfer of proceedings and criminalisation of conduct. However, not all States are parties to all Treaties and amongst those that are; many do not abide by their obligations. As a result criminal organizations and the perpetrators of such crimes select States that offer them a safe haven thereby escaping justice. Thus, throughout this thesis I endeavour to make a case for the inclusion of these crimes within the Rome Statute.