Iraq

The Office of the Prosecutor has received over 404 communications concerning the situation in Iraq. The analysis of Iraq-related communications was conducted in accordance with Article 15 of the Rome Statute, as no referrals from States have been received.

The Office reviewed all communications, identified those containing substantiated information, and examined the relevant documentation and video-recorded information. In addition, the Office conducted an exhaustive search of all readily-available open source information, including media, governmental and non-governmental reports. Significant additional material collected from open sources included, among others, the findings of Amnesty International, Human Rights Watch, Iraq Body Count and Spanish Brigades Against the War in Iraq. In order to fill identified gaps in information, the Office sought and received additional information from relevant States as well as from other entities identified with the interests of possible victims that could provide independent information.

When further information came to light concerning alleged abuse of detainees, the Office collected information. National proceedings were initiated with respect to these allegations, and the Office collected information on those proceedings.

The Office produced a crime analysis of all the available information, in accordance with the standard methodology and rules of source evaluation and measurement.

The OTP response to communications received concerning Iraq (English, Fran├žais) includes its analysis of allegations concerning Legality of the Conflict, allegations concerning Genocide and Crimes against Humanity and those concerning War Crimes. It also addresses the issue of admissibility, given that even where there is a reasonable basis to believe that a crime has been committed, this is not sufficient for the initiation of an investigation. It is necessary to consider admissibility before the Court, in light of the gravity of the crimes and complementarity with national systems.

The Office of the Prosecutor concluded that for the reasons explained in the response, in accordance with Article 15(6) of the Rome Statute, at that stage the Statute requirements to seek authorization to initiate an investigation in the situation in Iraq have not been satisfied.

Relevant documents, reports and statements: