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42GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 10sustained and concerted military operations and to implement this Protocol.” 136 It also provides abroad range of protections to often marginalized people. Article 8 (2) (c) of the Rome Statuteincludes most of the war crimes in common Article 3, and Article 8 (2) (e) contains an extensive,but by no means complete, list of war crimes in non-international armed conflict.Rome Statute. Ghana has defined some of the war crimes listed in Article 8 (2) (c) and (e) as crimesin national law. Offences found in Article 8 (2) (c) and (e) which are also non-grave breaches of theGeneva Conventions and their Protocols are defined as crimes in the Geneva Conventions Act. 137 Indirectly referencing the Geneva Conventions, Ghana has defined these crimes in a manner that isconsistent with international law, though its listing of sexual violence offences, drawn from theGeneva Conventions, is not as robust as those offences of sexual violence listed in the RomeStatute. 138 Ghana has expressly authorized its courts to exercise universal jurisdiction over thecrimes found in Article 8 (2) (c) and (e) that are also found in the Geneva Conventions and theirAdditional Protocols as crimes in non-international armed conflict. 139 It has not defined theremaining crimes found in Rome Statute Article 8 (2) (c) and (e) as crimes under national law norhas it authorized its courts to exercise universal jurisdiction over these crimes.Gaps in the Rome Statute. Although serious violations of Protocol II are listed as war crimes in theStatute of the International Criminal Tribunal for Rwanda, many of them are not expressly includedin Article 8 (2) (e) of the Rome Statute. For example, intentionally starving the civilian population(Article 14 of Protocol II and customary international humanitarian law) is omitted. 140Other international humanitarian law treaties. In addition, there are a number of internationalhumanitarian law treaties applicable during non-international armed conflict imposing obligationsthat, if violated, may possibly result in individual criminal responsibility, either under the treaties orbecause the prohibitions are recognized as part of customary international law. There are alsonumerous rules of customary international humanitarian law applicable in non-international armedconflict that, if violated, would result in individual criminal responsibility.As Chart V indicates, Ghana has not defined violations of these treaties as crimes under nationallaw. Although Ghana courts may be able to exercise universal jurisdiction over the crimes below136Protocol II, art. 1 (1).137Geneva Conventions Act, 2009 (Act 780), sect. 1 (1), (3).138Article 8 (2) (e) (vi) of the Rome Statute prohibits “[c]omitting rape, sexual slavery, enforced prostitution,forced pregnancy…enforced sterilization, and any other form of sexual violence also constituting a seriousviolation” of common Article 3, while Article 4 (2) (e) of Protocol II, which the Geneva Conventions Actincorporates, prohibits “outrages upon personal dignity, in particular humiliating and degrading treatment, rape,enforced prostitution and any form of indecent assault,” where the phrases “outrages upon personal dignity” and“any form of indecent assault” refer to any form of sexual violence. See Customary International HumanitarianLaw, Rule 93 (Rape and Other forms of Sexual Violence).139Geneva Conventions Act, 2009 (Act 780), sect. 1 (4).140See Customary International Humanitarian Law, Rule 53 (The use of starvation of the civilian population as amethod of warfare is prohibited); Rule 156 (Serious violations of international humanitarian law constitute warcrimes).Amnesty International November 2012 Index: AFR 28/004/2012
GHANA: END IMPUNITY THROUGH UNIVERSAL JURISDICTIONNo Safe Haven Series No. 1043found in treaties to which Ghana is a party or signatory based on a catchall provision in the CourtsAct, it is unlikely that Ghana courts would exercise this jurisdiction based on the catchall provisionalone (see Section 4.2 above).CHART V. INTERNATIONAL HUMANITARIAN LAW TREATIES APPLICABLE DURING NON-INTERNATIONAL ARMED CONFLICT IMPOSING OBLIGATIONS WHICH, IF VIOLATED, POSSIBLYMAY RESULT IN INDIVIDUAL CRIMINAL RESPONSIBILITY, EITHER UNDER THE CONVENTIONSOR BECAUSE THE PROHIBITIONS ARE RECOGNIZED AS PART OF CUSTOMARY INTERNATIONALLAWCrime Treaty Signed Ratified oraccededDefinition innational law(citation to anyrelevantprovision)Universaljurisdiction(citation to anyrelevantprovision)Harm toprotectedcultural property1954 CCP andHague Prot.19541954 CCP:25 July1960(acceded)Hague Prot:NONO**Courts Act,1993 (Act459), sect. 56(4) (n)(catchall)Recruiting,training,financing orprotectingmercenariesMercenaries -1977 OAUConvention8 June 1978 20 July1978(ratified) 141NO**Courts Act,1993 (Act459), sect. 56(4) (n)(catchall)Use of certainprohibitedconventionalweaponsCCW 1980 NO NOUse of weaponsthat injure bynon-detectablefragmentsCCW Prot. I1980NONOUse of prohibitedmines, boobytrapsand otherCCW Prot. II1980NONO141On the AU website, this is date of ratification. It also lists date of deposit as 21 August 1978, so one of thesedates is incorrect.Index: AFR 28/004/2012 Amnesty International November 2012
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