Abstract
The Rome Statute defines the powers and functions of the International Criminal Court. These are “the games rules” whose scope is expected to be developed by the Court’s case law. In this framework, the elements of war crimes have been developed beyond the traditional approaches through the judicial activity of the International Criminal Court. Therefore, this analysis seeks to identify a number of peculiarities about the element of “gravity” in the prosecution of war crimes, in particular, at the permanent international criminal jurisdiction.
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