Rome Statute in the context of "No quarter"

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⭐ Core Definition: Rome Statute

The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998 and it entered into force on 1 July 2002. As of January 2025, 125 states are party to the statute. Among other things, it establishes court function, jurisdiction and structure.

The Rome Statute established four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. Those crimes "shall not be subject to any statute of limitations." Under the Rome Statute, the ICC can only investigate and prosecute the four core international crimes in situations where states are "unable" or "unwilling" to do so themselves. The provisions on the crime of aggression did not take effect until after it was defined at the 2010 Kampala Conference.

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👉 Rome Statute in the context of No quarter

No quarter, during military conflict or piracy, implies that combatants would not be taken prisoner, but executed. Since the Hague Convention of 1899, it is considered a war crime; it is also prohibited in customary international law and by the Rome Statute. Article 23 of the Hague Convention of 1907 states that "it is especially forbidden [...] to declare that no quarter will be given".

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Rome Statute in the context of Racial segregation

Racial segregation is the separation of people into racial or other ethnic groups in daily life. Segregation can involve the spatial separation of the races, and mandatory use of different institutions, such as schools and hospitals by people of different races. Specifically, it may be applied to activities such as eating in restaurants, drinking from water fountains, using public toilets, attending schools, going to movie theaters, riding buses, renting or purchasing homes, renting hotel rooms, going to supermarkets, or attending places of worship. In addition, segregation often allows close contact between members of different racial or ethnic groups in hierarchical situations, such as allowing a person of one race to work as a servant for a member of another race. Racial segregation has generally been outlawed worldwide.

Segregation is defined by the European Commission against Racism and Intolerance as "the act by which a (natural or legal) person separates other persons on the basis of one of the enumerated grounds without an objective and reasonable justification, in conformity with the proposed definition of discrimination. As a result, the voluntary act of separating oneself from other people on the basis of one of the enumerated grounds does not constitute segregation". According to the UN Forum on Minority Issues, "The creation and development of classes and schools providing education in minority languages should not be considered impermissible segregation if the assignment to such classes and schools is of a voluntary nature." Racial segregation can amount to the international crime of apartheid and a crime against humanity under the 2002 Rome Declaration of Statute of the International Criminal Court.

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Rome Statute in the context of Cultural genocide

Cultural genocide or culturicide is a concept first described by Polish lawyer Raphael Lemkin in 1944, in the same book that coined the term genocide. The destruction of culture was a central component in Lemkin's formulation of genocide. The precise definition of cultural genocide remains contested, and the United Nations does not include it in the definition of genocide used in the 1948 Genocide Convention. The Armenian genocide Museum defines culturicide as "acts and measures undertaken to destroy nations' or ethnic groups' culture through spiritual, national, and cultural destruction", which appears to be essentially the same as ethnocide. Some ethnologists, such as Robert Jaulin, use the term ethnocide as a substitute for cultural genocide, although this usage has been criticized as risking the confusion between ethnicity and culture. Cultural genocide and ethnocide have in the past been used in distinct contexts. Cultural genocide without ethnocide is conceivable when a distinct ethnic identity is kept, but distinct cultural elements are eliminated.

Culturicide involves the eradication and destruction of cultural artifacts, such as books, artworks, and structures. The issue is addressed in multiple international treaties, including the Geneva Conventions and the Rome Statute, which define war crimes associated with the destruction of culture. Cultural genocide may also involve forced assimilation, as well as the suppression of a language or cultural activities that do not conform to the destroyer's notion of what is appropriate. Among many other potential reasons, cultural genocide may be committed for religious motives (e.g., iconoclasm which is based on aniconism); as part of a campaign of ethnic cleansing in an attempt to remove the evidence of a people from a specific locale or history; as part of an effort to implement a Year zero, in which the past and its associated culture is deleted and history is "reset". The drafters of the 1948 Genocide Convention initially considered using the term, but later dropped it from inclusion. The term "cultural genocide" has been considered in various draft United Nations declarations, but it is not used by the UN Genocide Convention.

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Rome Statute in the context of Crime of aggression

A crime of aggression or crime against peace is the planning, initiation, or execution of a large-scale and serious act of aggression using state military force. The definition and scope of the crime is controversial. The Rome Statute contains an exhaustive list of acts of aggression that can give rise to individual criminal responsibility, which include invasion, military occupation, annexation by the use of force, bombardment, and military blockade of ports. In general, committing an act of aggression is a leadership crime that can only be committed by those with the power to shape a state's policy of aggression, as opposed to those who discharge it.

The philosophical basis for the wrongness of aggression is found in just war theory, in which waging a war without a just cause for self-defense is unjust. In the wake of the German invasion of the Soviet Union during World War II, Soviet jurist Aron Trainin made the first successful proposal to criminalize aggression. The Charter of the International Military Tribunal provided criminal liability for waging aggressive war, which was the main focus of the Nuremberg trial. Other participants in World War II were tried for aggression in Finland, Poland, China, the subsequent Nuremberg trials, and the Tokyo trial. No one has been prosecuted for aggression either before or since the 1940s.

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Rome Statute in the context of International Criminal Court

The International Criminal Court (ICC) is an intergovernmental organisation and international tribunal seated in The Hague, Netherlands. Established in 2002 under the multilateral Rome Statute, the ICC is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. The ICC is intended to complement, not replace, national judicial systems; it can exercise its jurisdiction only when national courts are unwilling or unable to prosecute criminals. It is distinct from the International Court of Justice, an organ of the United Nations that hears disputes between states.

The ICC can generally exercise jurisdiction in cases where the accused is a national of a state party, the alleged crime took place on the territory of a state party, or a situation is referred to the Court by the United Nations Security Council. As of October 2024, there are 125 states parties to the Rome Statute, which are represented in the court's governing body, the Assembly of States Parties. Countries that are not party to the Rome Statute and do not recognise the court's jurisdiction include China, India, Russia, and the United States.

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Rome Statute in the context of Starvation (crime)

Starvation of a civilian population is a war crime, a crime against humanity, and/or an act of genocide according to modern international criminal law. Starvation has not always been illegal according to international law; the starvation of civilians during the siege of Leningrad was ruled to be not criminal by a United States military court, and the 1949 Geneva Convention, though imposing limits, "accepted the legality of starvation as a weapon of war in principle". Historically, the development of laws against starvation has been hampered by the Western powers who wish to use blockades against their enemies; however, it was banned in 1977 by Protocol I and Protocol II to the Geneva Conventions and criminalized by the Rome Statute. Prosecutions for starvation have been rare.

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Rome Statute in the context of Forced into prostitution

Forced prostitution, also known as involuntary prostitution or compulsory prostitution, is prostitution or sexual slavery that takes place as a result of coercion by a third party. The terms "forced prostitution" or "enforced prostitution" appear in international and humanitarian conventions, such as the Rome Statute of the International Criminal Court, but have been inconsistently applied. "Forced prostitution" refers to conditions of control over a person who is coerced by another to engage in sexual activity.

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Rome Statute in the context of Extermination (crime)

Extermination is a crime against humanity that consists of "the act of killing on a large scale". To be convicted of this crime, someone must play a role in a sufficiently-large scale killing of civilians, including those carried out by "the intentional infliction of conditions of life... calculated to bring about the destruction of part of a population". It was first prosecuted at the International Military Tribunal in Nuremberg, and was included in the enumerated crimes against humanity in the Rome Statute.

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