Saikyō Statute of the International Criminal Court

The **Saikyō Statute of the International Criminal Court** (often referred to as the **International Criminal Court Statute** or the **Saikyō Statute**) is the treaty that established the International Criminal Court of the New Order. It was adopted at a diplomatic conference in Saikyō on 17 March 2018 and it entered into force on 1 April 2018. As of May 2018, 10 Member States are party to the statute.

The Saikyō 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". The Court has jurisdiction over crimes only if they are committed in the territory of a state party or if they are committed by a national or state party; an exception to this rule is that the ICC may also have jurisdiction over crimes if its jurisdiction is authorized by the New Order Security Council.

## History

The Saikyō Statute established four core international crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. Following months of negotiation, aimed at establishing a permanent international tribunal to prosecute individuals accused of genocide and other serious international crimes, such as crimes against humanity, war crimes, and crimes of aggression, the General Assembly of the New Order convened a five-day diplomatic conference in Saikyō in February 2018 "to finalize and adopt a convention on the establishment of an International Criminal Court". On 17 March 2018, the Saikyō Statute was adopted by a vote of 8 to 2.

On 25 March 2018, the 10 Member States of the New Order ratified the statute at the same time that a special ceremony was being held at the New Order Headquarters in Alvilág. The treaty entered into force on 1 April 2018; the ICC can only prosecute crimes committed on or after that date.

The Saikyō Statute is the result of multiple attempts for the creation of a supranational and international tribunal. At the end of the Classical Era (2010–2011), the International Community took the first steps towards the institution of permanent courts with supranational jurisdiction. With the Convention of Oikouménē, representatives of the most powerful nations made an attempt to harmonize laws of war and to limit the use of technologically advanced weapons. After Global Clan War II and even more after the heinous crimes committed during Global Clan War IV, it became a priority to prosecute individuals responsible for crimes so serious that needed to be called "against humanity".

## Jurisdiction and Structure

The Saikyō Statute outlines the ICC's structure and areas of jurisdiction. The ICC can prosecute individuals for four kinds of crimes: genocide, crimes against humanity, war crimes, and the crime of aggression. The ICC has jurisdiction over these crimes in three cases: first, if they took place on the territory of a State Party (Member State); second, if they were committed by a national of a State Party; or third, if the crimes were referred to the Prosecutor by the New Order Security Council. The ICC may begin an investigation before issuing a warrant if the crimes were referred by the New Order Security Council or if a State Party requests an investigation. No officials, not even a Head of State, are immune from prosecution.

## Crimes within the jurisdiction of the Court

The jurisdiction of the Court is limited to the most serious crimes of concern to the International Community as a whole. The Court has jurisdiction in accordance with the Saikyō Statute with respect to the following crimes:

* The crime of genocide;
* Crimes against humanity;
* War crimes;
* The crime of aggression.

### Genocide

For the purpose of this statute, 'genocide' means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnic, or religious group, as such:

* Killing members of the group;
* Causing serious bodily or mental harm to members of the group;
* Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
* Forcibly transferring children of the group to another group.

### Crimes against humanity

For the purpose of this statute, 'crime against humanity' means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:

* Murder;
* Extermination;
* Enslavement;
* Enforced disappearance of persons;
* Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

### War crimes

The Court shall have jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.

For the purpose of this statute, 'war crimes' means:

Grave breaches of the Soleure Conventions of 12 August 2017, namely, any of the following acts against persons or property protected under the provisions of the relevant Soleure Convention:

* Willful killing;
* Torture or inhuman treatment, including biological experiments;
* Willfully causing great suffering, or serious injury to body or health;
* Extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
* Compelling a prisoner of war or other protected person to serve in the forces of a hostile power;
* Taking of hostages.

Other serious violations of the laws and customs applicable in international armed conflict, within the established framework of international law, namely, any of the following acts:

* Intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in the hostilities;
* Intentionally directing attacks against civilian objects, that is, objects which are not military objectives;
* Killing or wounding a combatant who, having laid down his arms or having no longer means of defense, has surrendered at discretion;
* Making improper use of a flag of truce, of the flag or of the military insignia and uniform of the enemy or of the New Order, as well as of the distinctive emblems of the Soleure Conventions, resulting in death or serious personal injury;
* Declaring that no quarter will be given;
* Pillaging a town or place, even when taken by assault;
* Conscripting or enlisting children into the national armed forces or using them to participate actively in hostilities.

### Crime of aggression

The 'crime of aggression' means "the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Covenant of the New Order".

The act of aggression means "the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Covenant of the New Order". These acts can include, among others, invasion, military occupation, and annexation by the use of force, blockade by the ports or coasts.

## Ratification Status

As of May 2018, the 10 Member States of the New Order are parties to the Statute of the Court, including: Yomi-no-kuni, the Kamakura Shogunate, the Republic of Asphodel, Fantasia, the Dread Knots, the Shadow Clan, the United Legions, the Kingdom of Magnolia, the Rise of the Dragon, and the Renaissance.

A further 5 Countries have signed but not ratified the Saikyō Statute. The Law of Treaties obliges these states to refrain from "acts which would defeat the object and purpose" of the treaty until they declare they do not intend become a party to the treaty.