Ghana - Amnesty International

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32GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 10breaches of the Geneva Conventions and their Protocols, 110 so Ghana courts are authorized toexercise universal jurisdiction over the war crimes listed in Rome Statute Article 8 (2) (b) that arealso found in these instruments. In addition, Ghana courts may exercise universal jurisdiction over“prostitution and all other forms of sexual exploitation, forced labour or services, slavery or practicessimilar to slavery, servitude or the removal of organs,” which are included as elements withintrafficking offences under Ghanaian law. 111However, no other legislation could be found expressly providing universal jurisdiction over theremaining crimes defined in Ghanaian law, which are akin to those found in Rome Statute Article 8(2) (b), such as rape and the degrading treatment of children. This means that, except in the rarecircumstance that such offences are committed by foreign public officers in the course of theirduties abroad, Ghana courts may not exercise universal jurisdiction over these crimes. Although it ispossible that Ghana courts could exercise universal jurisdiction over the offences based on a CourtsAct catchall, which allows for universal jurisdiction over offences found in treaties – like the RomeStatute – that Ghana has signed, there is no prior practice to indicate that courts would exerciseuniversal jurisdiction based on this catchall alone (see Section 4.2 above).Gaps in the Rome Statute. As explained below, there are a number of serious gaps in Article 8 (2)(b) of the Rome Statute, which are covered by other treaties and by rules of customary internationallaw. Although there is no provision in the Rome Statute expressly requiring states parties to providetheir courts with universal jurisdiction over these war crimes, states parties recognize that they havea complementarity obligation to exercise their jurisdiction over such crimes.Other treaties concerning war crimes. The Rome Statute leaves out a number of war crimes ininternational armed conflict listed in treaties. As the Charts II and III indicate, Ghana has definedsome of these crimes as crimes under national law. As discussed below after Chart II, it has definedthese war crimes in national law in a manner that is consistent with the strictest requirements ofinternational law. It also indicates that Ghana has authorized its courts to exercise universaljurisdiction over the defined crimes. Chart II identifies war crimes in the Third Geneva Conventionand Protocol I that have been omitted from the Rome Statute. Chart III identifies war crimes ininternational armed conflict in other treaties that have been omitted from the Rome Statute.110Geneva Conventions Act, sect. 1 (1) & (4).111See Human Trafficking Act, sects. 1, 8.Amnesty International November 2012 Index: AFR 28/004/2012
GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 1033CHART II. WAR CRIMES IN INTERNATIONAL ARMED CONFLICT IN THE THIRD GENEVACONVENTION AND PROTOCOL I THAT HAVE BEEN OMITTED FROM THE ROME STATUTECrime Treaty Signed Ratified/accededDefined innational law(citing anyrelevantprovision)Universaljurisdiction(citing anyrelevantprovision)Unjustifiable delay inthe repatriation ofprisoners of warGenevaConv. III,art.118 112and Prot.I, art. 85(4) (b) 113Prot. I:12December1977Prot I:28February1978(ratified)GC III: 2February1959(acceded)GenevaConventions Act,2009 (Act 780),Ssect. 1 (1) (e)GenevaConventions Act,2009 (Act780), sect.1 (4)Unjustifiable delay inthe repatriation ofciviliansProt. I,art. 85(4) (b) 11412December197728February1978(ratified)GenevaConventions Act,2009 (Act 780),sect. 1 (1) (e)GenevaConventions Act,2009 (Act780), sect.1 (4)Launching of anattack against worksor installationscontaining dangerousProt. I,art. 85(3) (c) 11512December28February1978GenevaConventions Act,2009 (Act 780),GenevaConventions Act,2009 (Act112Third Geneva Convention, Article 118, as well as customary international humanitarian law. Jean-MarieHenckaerts and Louise Doswald-Beck, Customary International Humanitarian Law, Geneva, InternationalCommittee of the Red Cross and Cambridge University Press, 2005, with updates from the ICRC CustomaryInternational Humanitarian Law database(http://www.icrc.org/eng/resources/documents/publication/pcustom.htm) (Customary International HumanitarianLaw), Rule 156 (Serious violations of international humanitarian law constitute war crimes).113Protocol I, art. 85 (4) (b), as well as customary international humanitarian law. Customary InternationalHumanitarian Law, Rule 156 (Serious violations of international humanitarian constitute war crimes).114Article 85 (4) (b) of Protocol, as well as customary international humanitarian law. Customary InternationalHumanitarian Law, Rule 156 (Serious violations of international humanitarian constitute war crimes).115Article 85 (3) (c) and customary international humanitarian law. Customary International Humanitarian Law,Rule 156 (Serious violations of international humanitarian constitute war crimes).Index: AFR 28/004/2012 Amnesty International November 2012
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WHEtHER IN A HIgH-PRoFILECoNFLICt o
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