www.kenyalaw.org The International Crimes Act, 2008 Rome Statute and the agreement on privileges and immunities contemplated in that article. FIRST SCHEDULE (S . 2) ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT * Contents [This table is not part of the Statute and is included for convenience] Article No. 1 2 3 4 PART 1. ESTABLISHMENT OF THE COURT The Court Relationship of the Court with the United Nations Seat of the Court Legal status and powers of the Court 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 PART 2. JURISDICTION, A DMISSIBILITY AND APPLICABLE LAW Crimes within the jurisdiction of the Court Genocide Crimes against humanity War crimes Elements of crimes [International law not affected] Jurisdiction ratione temporis Preconditions to the exercise of jurisdiction Exercise of jurisdiction Referral of a situation by a State Party Prosecutor Deferral of investigation or prosecution Issues of admissibility Preliminary rulings regarding admissibility Challenges to the jurisdiction of the Court or the admissibility of a case Ne bis in idem [double jeopardy prohibited] Applicable law 22 23 24 25 26 27 28 29 30 31 PART 3. GENERAL PRINCIPLES OF CRIMINAL LAW Nullum crimen sine lege [no liability for conduct not a crime] Nulla poena sine lege [no punishment except under statute] Non-retroactivity ratione personae Individual criminal responsibility Exclusion of jurisdiction over persons under eighteen Irrelevance of official capacity Responsibility of commanders and other superiors Non-applicability of statute of limitations Mental element Grounds for excluding criminal responsibility 102