Using the Gravity Threshold to Categorise Low-Ranking Perpetrators and Peacekeepers as “Most Responsible” for International Crimes

When choosing to investigate a situation or prosecute “those most responsible,” the ICC’s Office of the Prosecutor (OTP) relies on limitations imposed by the Rome Statute on jurisdiction and admissibility. One of these requirements is the gravity threshold. This comment argues for the application of a broad concept of gravity to enable two categories of overlooked perpetrators, who still fit the Rome Statute’s gravity threshold, to be considered “most responsible”: low-ranking perpetrators, and peacekeepers (regardless of rank).