Law of War Handbook 2005

(2) Other violations of the laws and customs of war "applicable ... within

the established framework of international law."

(a) The Statue provides a laundry list of these crimes from various

treaties.

(b)It also crirninalizes the attack of personnel, equipment, installations,

or vehicles involved with a UN peacekeeping or humanitarian

mission.

(c) Recognizes that the Statute does not apply to situations of mere

internal disturbances and tensions that do not rise to the level of a

Common Article 3 conflict.

4. Crime of Aggression. Article 5(2) states that the ICC will have jurisdiction
   over the crime of aggression after a provision is adopted defining the crime
   and setting out the conditions under which the ICC will exercise this
   jurisdiction.

G. Statute of the Iraqi Special Tribunal

1. Genocide


2. Crimes Against Humanity


3. War Crimes


4. Certain Violations of Iraqi Law, to include Tampering with the Judiciary,
   War against an Arab state, and Squandering Iraqi resources.

H. Common Article 3 of the Four Geneva Conventions. Minimum standards that
Parties to a conflict are bound to apply, in the case of armed conflict not of an
international character occumng in the territory of one of the High Contracting
parties. Nothing in Common Article 3 discusses individual criminal liability.

1. ICTY has held that prosecutions for violations of Common Article 3 can be
   brought in international as well as internal armed conflicts.


2. The International Criminal Court statute provides for prosecution of
   violations of Common Article 3 in non-international armed conflicts. See
   Rome Statute, article 8(c).