Rome Statute of the International Criminal Court
(i)
Be made with the aim of furthering the criminal activity or criminal
purpose of the group, where such activity or purpose involves the
commission of a crime within the jurisdiction of the Court; or
(ii)
Be made in the knowledge of the intention of the group to commit the
crime;
(e)
In respect of the crime of genocide, directly and publicly incites others to
commit genocide;
(f)
Attempts to commit such a crime by taking action that commences its
execution by means of a substantial step, but the crime does not occur
because of circumstances independent of the person's intentions. However,
a person who abandons the effort to commit the crime or otherwise prevents
the completion of the crime shall not be liable for punishment under this
Statute for the attempt to commit that crime if that person completely and
voluntarily gave up the criminal purpose.
3 bis.
In respect of the crime of aggression, the provisions of this article shall apply only to
persons in a position effectively to exercise control over or to direct the political or
military action of a State.
4.
No provision in this Statute relating to individual criminal responsibility shall affect
the responsibility of States under international law.
Article 26
Exclusion of jurisdiction over persons under eighteen
The Court shall have no jurisdiction over any person who was under the age of 18 at the time of
the alleged commission of a crime.
Article 27
Irrelevance of official capacity
1.
This Statute shall apply equally to all persons without any distinction based on official
capacity. In particular, official capacity as a Head of State or Government, a member
of a Government or parliament, an elected representative or a government official
shall in no case exempt a person from criminal responsibility under this Statute, nor
shall it, in and of itself, constitute a ground for reduction of sentence.
2.
Immunities or special procedural rules which may attach to the official capacity of
a person, whether under national or international law, shall not bar the Court from
exercising its jurisdiction over such a person.
Article 28
Responsibility of commanders and other superiors
In addition to other grounds of criminal responsibility under this Statute for crimes within the
jurisdiction of the Court:
(a)
A military commander or person effectively acting as a military commander
shall be criminally responsible for crimes within the jurisdiction of the Court
committed by forces under his or her effective command and control, or
effective authority and control as the case may be, as a result of his or her
failure to exercise control properly over such forces, where:
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