3. International criminal law International criminal law provides the means of enforcement at the international level of penalties for egregious violations of international human rights law and serious violations of international humanitarian law which are recognized as attracting individual liability. The International Criminal Court (ICC) is a treaty-based organ that tries persons accused of such crimes, namely genocide, crimes against humanity and war crimes.34The treaty creating the ICC, known as the “Rome Statute” has been joined by 120 countries as of February 2012.35 Although Libya has not become a party to the Rome Statute, pursuant to its Article 13(b), the Security Council referred the situation of Libya to the ICC Prosecutor on 26 February 2011.36
War Crimes: A detailed listing of which actions constitute war crimes under the Rome Statute is contained within its Article 8. In the context of non-international armed conflict, this comprises serious violations of Common Article 3 and Protocol II, as well as other serious violations of the laws and customs of international law. In the context of an international armed conflict, crimes include grave breaches of the Geneva Conventions and acts which constitute serious violations of the laws and customs of international law applicable in international armed conflict.