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International Criminal Court Says ISIS Is Out of Its Jurisdiction International Criminal Court Says ISIS Is Out of Its Jurisdiction
(35 minutes later)
PARIS — Fatou Bensouda, chief prosecutor of the International Criminal Court, said on Wednesday that her office had received ample reports of “crimes of unspeakable cruelty” by the extremists of the Islamic State but that the court had no jurisdiction over Iraq and Syria where the acts occurred or over the group’s leaders.PARIS — Fatou Bensouda, chief prosecutor of the International Criminal Court, said on Wednesday that her office had received ample reports of “crimes of unspeakable cruelty” by the extremists of the Islamic State but that the court had no jurisdiction over Iraq and Syria where the acts occurred or over the group’s leaders.
In a written statement, Ms. Bensouda said that, regarding the issue of jurisdiction, the United Nations Security Council could ask the court to begin an investigation. Another option, she said, would be for Iraq and Syria, which are not members of the court, to accept the court’s jurisdiction on a temporary basis. In a written statement, Ms. Bensouda said that a change in jurisdiction would have to come from decisions outside the court: the United Nations Security Council could ask the court to begin an investigation. Another option, she said, would be for Iraq or Syria, neither of which is a member of the court, to accept the court’s jurisdiction on a temporary basis. But she clearly did not expect this to happen soon.
Her remarks appeared to be a response to the growing pressure on her office to open an investigation into human rights abuses in territory controlled by the Islamic State, also known as ISIS or ISIL. Politicians, human rights groups and editorial writers have been calling for action by the international prosecutor, whose limitations and powers are not always well understood.Her remarks appeared to be a response to the growing pressure on her office to open an investigation into human rights abuses in territory controlled by the Islamic State, also known as ISIS or ISIL. Politicians, human rights groups and editorial writers have been calling for action by the international prosecutor, whose limitations and powers are not always well understood.
Ms. Bensouda said she had decided to clarify the court’s role after receiving numerous inquiries about whether she could take action in response to atrocities committed by ISIS fighters. Ms. Bensouda said she had decided to clarify the court’s remit after receiving numerous inquiries about whether she could take action in response to atrocities committed by ISIS fighters.
The prosecutor said that her office had looked into several avenues to investigate crimes by ISIS, including pursuing fighters from countries who were court members. “Several thousand foreign fighters have joined the ranks of ISIS in the past months alone,” she said, including citizens of Australia, Belgium, Britain, France, Germany, Jordan, the Netherlands and Tunisia.The prosecutor said that her office had looked into several avenues to investigate crimes by ISIS, including pursuing fighters from countries who were court members. “Several thousand foreign fighters have joined the ranks of ISIS in the past months alone,” she said, including citizens of Australia, Belgium, Britain, France, Germany, Jordan, the Netherlands and Tunisia.
But most of the foreign volunteers are believed to be low-ranking participants in the conflict. Prosecutors say that they could be investigated in courts in their home countries but would not be likely candidates for cases for the international court, whose mandate is to focus on people most responsible for war crimes, crimes against humanity or genocide.But most of the foreign volunteers are believed to be low-ranking participants in the conflict. Prosecutors say that they could be investigated in courts in their home countries but would not be likely candidates for cases for the international court, whose mandate is to focus on people most responsible for war crimes, crimes against humanity or genocide.
“ISIS is a military and political organization primarily led by nationals of Iraq and Syria,” Ms. Bensouda said. “Thus, at this stage, the prospects of my office investigating and prosecuting those most responsible within the leadership of ISIS, appear limited.”“ISIS is a military and political organization primarily led by nationals of Iraq and Syria,” Ms. Bensouda said. “Thus, at this stage, the prospects of my office investigating and prosecuting those most responsible within the leadership of ISIS, appear limited.”
But some experts argue that there is more leeway to get around the territorial jurisdiction. William Schabas, who teaches international law at Middlesex University in Britain, said there was no rule that said that an organization could not be referred to the court, even if it operated in countries that were not members.But some experts argue that there is more leeway to get around the territorial jurisdiction. William Schabas, who teaches international law at Middlesex University in Britain, said there was no rule that said that an organization could not be referred to the court, even if it operated in countries that were not members.
France and Switzerland have said in recent days that they will try again in the United Nations Security Council to refer the actions of extremist groups in Syria to the international court, this time with a different focus and including allegations of genocide of minority groups. Last year, France’s initiative was vetoed by Russia and China. France and Switzerland have said in recent days that they will try again in the United Nations Security Council to refer the actions of extremist groups in Syria to the international court, this time with a different focus and including allegations of genocide of minority groups. Last year, France’s initiative to investigate the war in Syria was vetoed by Russia and China.
France’s foreign minister, Laurent Fabius, told a Council meeting in late March that Islamic State militants must be prosecuted and that “it is essential that the Security Council refer the matter to the International Criminal Court.”France’s foreign minister, Laurent Fabius, told a Council meeting in late March that Islamic State militants must be prosecuted and that “it is essential that the Security Council refer the matter to the International Criminal Court.”