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.

Article 5
Crimes within the jurisdiction of the Court
1. The jurisdiction of the Court shall be limited to the most serious crimes of concern to the
international community as a whole. The Court has jurisdiction in accordance with this Statute
with respect to the following crimes:
(a) The crime of genocide

Article 6
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, ethnical, racial or religious group, as such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its
physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.