Assembly/AU/11 (XIII) Annex II Page 20   before its own courts, rather than to the prosecution of those same persons before an international judicial body. III.2 The International Criminal Court 30. Given the limitations on the jurisdictions of the ICTR and SCSL, the two other international criminal tribunals with competence in relation to conduct on African territory, the most significant international criminal court or tribunal in the present context is the permanent International Criminal Court (ICC). The ICC, established by way of treaty under the Rome Statute 1998,160 enjoys jurisdiction ratione materiae over genocide, crimes against humanity, war crimes and the crime of aggression,161 although it is unable to exercise its competence over the last until agreement has been reached on the definition of the offence.162 When it comes to the Court’s jurisdiction ratione loci and ratione personae,163 the existence of jurisdiction is inseparable from the circumstances of its exercise, and the latter is dealt with in articles 12(2) and 12(3) of the Statute (‘Preconditions to the exercise of jurisdiction’), which refer in turn to article 13 (‘Exercise of jurisdiction’). What these provisions say in effect is that, where a situation has been referred to the ICC by a state party to the Statute or where an investigation has been initiated by the Prosecutor proprio motu, the Court is able to exercise its jurisdiction over the relevant offences only when these are alleged to have been committed on the territory or by a national of a state party.164 Where a situation is referred to the ICC by the United Nations Security Council, on the other hand, the Court’s competence is unlimited as to the place of commission or the nationality of the offender. As for the Court’s jurisdiction ratione temporis, the ICC has jurisdiction only with respect to crimes committed after the Statute’s entry into force on 1 July 2002.165 Furthermore, where a state becomes a party to the Statute after its entry into force, the Court may exercise its jurisdiction only with respect to crimes committed after the entry into force of the Statute for that state, unless the state has made a declaration under article 12(3).166 31. Article 27 of the Rome Statute renders the official capacity of an accused irrelevant for the purposes of trial before the ICC. More specifically, article 27(2) provides that immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person. Also of significance is article 98(1) of the Statute, which provides that the ICC may not                                                              160 Rome Statute of the International Criminal Court, Rome, 17 July 1998, 2187 UNTS 90 (‘Rome Statute’). Rome Statute, article 5(1). 162 Rome Statute, article 5(2). 163 As further regards the ICC’s jurisdiction ratione personae, no-one shall be criminally responsible under the Statute for conduct prior to the Statute’s entry into force on 1 July 2002, as laid down in article 24(1); and, in accordance with article 26, the Court has no jurisdiction over persons who were under the age of 18 at the time of the alleged commission of the crime. 164 In both cases, a state accepting the Court’s jurisdiction in accordance with paragraph 3 of article 12 will also suffice. 165 Rome Statute, article 11(1). 166 Rome Statute, article 11(2). 161 Version 31 March 09(FINAL)