Glossary of Terms

Crimes Against Humanity

These are crimes that are committed as part of a widespread or systematic attack against any civilian population. The individual crimes are listed in Article 7 of the Rome Statute. They include such crimes as murder, extermination, rape, sexual slavery, torture and other inhumane acts.

Crimes against humanity must possess three major elements:

• The crime must be a product of a widespread or systematic attack, not an isolated incident. If it is isolated, it must be connected to multiple acts, pursuant to a policy.
• Such crimes must be directed against a civilian population – if it is a military target, it cannot be a crime against humanity. But the act could still be a war crime.
• The alleged perpetrator must have knowledge of the attack.

Proprio Motu

This term refers to powers granted to the ICC Prosecutor under Article 15 (3) of the Rome Statute, which enable him to initiate an investigation at his own instigation, without a referral from a State Party or the UN Security Council. The ICC Prosecutor invoked these powers when requesting that an investigation be opened into the situation in Kenya.

Summons

A legal document issued to a defendant containing the counts against him or her, and announcing a date that he or she must appear before the Court. The summons obliges the individual to appear before the Court, but does not impose any obligation on any other party (e.g. the state authorities) to arrest and transfer him or her to the Court. It does not automatically lead to the detention of the defendant, though restrictions may be placed on his or her liberty by the Pre-Trial Chamber.

Warrant of arrest

A legal document authorizing the arrest and detention of an individual by the authorities. A warrant of arrest would be issued instead of a summons in cases where a summons was not considered sufficient to ensure that the individual would appear before the Court on the date set (e.g. that he or she would be likely to evade the Court). A warrant of arrest from the International Criminal Court would oblige all States Parties to comply with the Court by arresting the indicted individual and transferring him or her to the custody of the Court.

Gravity

The Rome Statute states that a case is not admissible at the ICC if it “is not of sufficient gravity to justify further action by the Court” (Article 17(1)(d)). The Statute makes this requirement to ensure that the ICC focuses its limited resources on situations and cases around the world where the worst crimes are committed. However, the Statute does not define “gravity,” and ICC judges have to interpret it.

Mungiki

A criminal gang allegedly mobilized by Kikuyu leaders during the post-election violence to carry out attacks on non-Kikuyu groups. The prosecution claims that the Mungiki was ready to perpetrate violence in order to keep the Party of National Unity in power after the 2007 elections, and through an alleged common plan and policy developed by Muthaura and Kenyatta (Case Two defendants) did so freely against supporters of the Orange Democratic Movement.