3.5.4: The War-Crimes Tribunal
3.5.4.1
The War-Crimes Tribunal will collect evidence and testimony concerning war crimes committed by the former socialist dictatorship in their programs of genocide and oppression of the Somali People that led to the War-of-Liberation between 1981 and 1991 as well as war crimes committed both during the War-of-Liberation and causing unnecessary starvation and deaths in the former Italian Somalia after January 1991. As sufficient evidence is available to open cases, the War-Crimes Tribunal may issue warrants for the arrest of suspected perpetrators of war crimes and initiate legal proceedings against them.
3.5.4.2
No Citizens or Residents of the Republic of Somalia may be arrested or punished due only to membership in clans or sub-clans that supported the atrocities committed by the former socialist dictatorship. Only the individual persons directly responsible for committing or ordering such war crimes may be arrested, convicted, or punished. It is the responsibility of the Government to protect members of clans and subclans who supported the oppressive socialist dictatorship from revenge by the Citizens who lost lives of relatives and property due to this oppression.
3.5.4.3
Both Citizens and Non-Citizens who are indicted by the War-Crimes Tribunal and can not be arrested, because they are not in the territory of the Republic of Somaliland, may be tried in absentia for any violations of international law, such as the UN Charter. Such cases for Non-Citizens may be appealed to the International Court of Justice in The Hague, Netherlands at the discretion and request of the sovereign nations to which these individuals are citizens.
1. The Court has jurisdiction only with respect to crimes committed after the entry into force of this Statute.
2. If a State becomes a Party to this Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of this Statute for that State, unless that State has made a declaration under article 12, paragraph 3.
1. A State which becomes a Party to this Statute thereby accepts the jurisdiction of the Court with respect to the crimes referred to in article 5.
2. In the case of article 13, paragraph (a) or (c), the Court may exercise its jurisdiction if one or more of the following States are Parties to this Statute or have accepted the jurisdiction of the Court in accordance with paragraph 3:
(a) The State on the territory of which the conduct in question occurred or, if the crime was committed on board a vessel or aircraft, the State of registration of that vessel or aircraft;
(b) The State of which the person accused of the crime is a national.
3. If the acceptance of a State which is not a Party to this Statute is required under paragraph 2, that State may, by declaration lodged with the Registrar, accept the exercise of jurisdiction by the Court with respect to the crime in question. The accepting State shall cooperate with the Court without any delay or exception in accordance with Part 9.
The Court may exercise its jurisdiction with respect to a crime referred to in article 5 in accordance with the provisions of this Statute if:
(a) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by a State Party in accordance with article 14;
(b) A situation in which one or more of such crimes appears to have been committed is referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations; or
(c) The Prosecutor has initiated an investigation in respect of such a crime in accordance with article 15.