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RE: I want to
sue China Government in the International Criminal Co urt. |
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Thu, 14 Oct
2004 14:35:50 +0200 |
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I want to sue
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Dear Mr Lu,
On behalf of the Prosecutor, I thank you for
your query on how to submit information to the Office of the Prosecutor. The
Office welcomes the submission of information on crimes that may fall within
the jurisdiction of the Court.
Communications may be addressed to the Office
of the Prosecutor, Communications, Post Office Box 19519, 2500 CM The Hague,
The Netherlands, or sent by email to *********@icc-cpi.int , or sent by
facsimile to +31 70 515 *********.
Communications should be written in one of
the working languages of the Court, i.e. English or French, or if that is not
possible, then in one of the other official languages, i.e. Arabic, Chinese,
Russian or Spanish. It is preferable for communications to contain as much
detailed information as possible.
Please
be aware that the submission of information does not automatically trigger an
investigation. In accordance with the Rome Statute, the Office of the
Prosecutor must analyse all information submitted in
order to determine whether the rigorous criteria of the Statute are
satisfied. As you may know, the International Criminal Court has a
carefully defined jurisdiction and mandate. We are pleased to provide
supplementary information below summarizing the main aspects of the Court’s
jurisdiction.
Once a decision is taken whether or not there
is a reasonable basis to proceed with an investigation, the Office will
promptly inform the senders of relevant communications, along with reasons for
the decision. The Office will protect the confidentiality of all
information submitted.
We are
grateful for your interest in the Court. If you would like to learn more about
the work of the Court, I invite you to visit our website at www.icc-cpi.int.
Best regards,
Evidence Assistant
Office of the Prosecutor
International Criminal Court
SUPPLEMENTARY INFORMATION CONCERNING
THE JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT
As you may know, the International Criminal Court (“the
ICC” or “the Court”) is governed by the Rome Statute, which entrusts the Court
with a very specific and carefully defined jurisdiction and mandate.
Regarding subject matter jurisdiction: A fundamental feature of the Rome Statute is that the
Court may only exercise jurisdiction over persons for the most serious crimes
of concern to the international community as a whole, namely genocide,
crimes against humanity and war crimes, as defined in
Articles 6 to 8 of the Statute. At this time, the Court cannot exercise
jurisdiction over the crime of aggression until the Assembly of States Parties
adopts a definition of the crime and the conditions for jurisdiction and amends
the Rome Statute accordingly (Article 5(2)).
Regarding temporal jurisdiction: Under Article 11 of the Statute, the Court may only
exercise jurisdiction over crimes committed after 1 July 2002,
the date of entry into force of the Statute. This means that allegations of
incidents occurring prior to this date fall outside the Court’s jurisdiction.
Regarding
personal/territorial jurisdiction: Under Articles 12 and 13 of the Statute, the Court may only
exercise jurisdiction over international crimes if one or more of the
following criteria are met: (i) its
jurisdiction has been accepted by the State on the territory of which the crime
was committed, (ii) its jurisdiction has been accepted by the State of
which the person accused is a national, or (iii) the situation is
referred to the Prosecutor by the UN Security Council acting under Chapter VII
of the UN Charter. For a complete list of countries that have ratified
the Statute and thereby accepted the jurisdiction of the Court, please visit
our website at http://www.icc-cpi.int/statesparties.html.
Even where
all of these criteria are satisfied, the Office must also assess other factors,
such as the gravity of the situation, whether national judicial systems are
investigating and prosecuting the alleged crimes, and the interests of
justice.
Given
the defined jurisdiction of the Court as well as the need to focus its limited
resources on the gravest situations, many serious allegations will be beyond
the reach of this institution to address.
Please
rest assured that if you do chose to submit information to the Office of the
Prosecutor, your communication will be analysed in
accordance with the Statute. In light of the complex issues that must be
addressed, analysis can take some time. Once a decision is reached, you
will receive a response along with reasons for the decision.
You can find the complete text of the Rome Statute at http://www.icc-cpi.int/library/officialjournal/Rome_Statute_120704-EN.pdf.
-----Original Message-----
From: *********
Sent: 22 August 2004 05:49
To: ICC Public Information Office
Cc: *********; *********@mgn.co.uk
Subject: I want to sue China Government in the International Criminal
Court.
Dear
Sir,
My name is Lu Huanqiang, China Government has commited nation crime on me, I want to sue China Government
in the International Criminal Court.
I have a web site to explain the China Government nation crime on me:
http://www.geocities.com/public_press/
My infomation:
Surname: LU
Given name: HUANQIANG
Gender: Male
Nationality: Chinese
Day of Birth: *********
China Passport Number: *********
China ID Card Number: *********
Please
tell me what should I do.
Thanks.
Best regards,
Huanqiang