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Proposal to the International Criminal Court by Kourosh Zaim
6 JANUARY 2014

I also believe that suppliers or sellers of combat weapons and war-ware that are used in genocide or terrorist acts against civilians must be held accountable and subject to prosecution for partnership in crimes against humanity as the users of such weapons.  

Therefore, I propose as follows:

The suppliers (state or non-state), manufacturers and sellers of weapons such as but not limited to chemical, biological, radiological and nuclear (CBRN), weapons of mass destruction that can kill or significantly harm large number of humans and other life forms (WMD), bombs (conventional and cluster), missiles, mines and other explosive devices, which are used in crimes against humanity, shall be subject to prosecution as partners in crimes against humanity by ICC, and also subject to damage claims (real and punitive) by civilian individuals or families so affected in the course of conflicts between military opponents or in acts of group terrorism.

I also propose the following amendments be on the agenda of the next Assembly of the States Parties, and the Assembly’s Rome Statute Review Conference:

  1. In Article 6 (Genocide) of Part II (Jurisdiction, Admissibility and Applicable Law): The meaning of “Genocide” shall refer to the specified acts not only to “national, ethnical, racial or religious groups”, but also to any group of civilians killed indiscriminately by individuals or organized groups.
  2. I propose to add paragraphs (f) and (g) below to Article 6:

(f) Making and using nuclear explosives, radioactive material or devices, or applying radioactive material in the use of conventional weapons in armed conflict. (My proposal in 2009).

(g) Selling and/or supplying of combat weapons and instruments of war to groups that use them in committing crimes against humanity. (My proposal in 2014)

 3. In Article 7 (Crimes against humanity) of Part II: add paragraph (k) below:

            (k)  Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

My proposed additional paragraphs to Article 7:

Addendum I proposed in 2009 : In the case of usage of any form of nuclear or radioactive explosive or conventional weapon enhanced with radioactive material in armed conflict, all people involved in such acts, from Commander-in-Chief permitting such acts down the chain of command to the soldiers who carry out the command, will be considered partners in crimes against humanity under this statute and subject to prosecution, regardless of the number of human beings perished or property destroyed.

Addendum II I propose in 2014 : In the case combat weapons and military means of war normally used by military establishments are used in mass killings by groups, attacking civilians or destroying civilian property, all people involved in selling or supplying of such weapons are considered partners in crime against humanity.

I sincerely hope that this proposal is given due attention by the Assembly of the States Parties of the International Criminal Court. I believe that if responsibility for use of military weapons and equipment, as well as nuclear or radioactive weapons, are shared by all those involved, increased resistance to temptation of indiscriminate sale and supply will tend to reduce the frequency and/or intensity of crimes against humanity.

Respectfully submitted,

Kourosh Zaïm          KZ Signature                                                                                 Iranian Human Rights & Political Activist

http://kouroshzaim.org/DetailsData.asp?IDdata=647

kourosh_zaim@yahoo.com   ; www.kouroshzaim.org

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