The Rome Statute established the International Criminal Court which has jurisdiction in crimes against humanity. Swaziland (renamed eSwatini in 2018) never signed the Rome Statute; however, Article 13 (b) states the Court may exercise its jurisdiction when such crimes appear to have been committed and "are referred to the Prosecutor by the Security Council acting under Chapter VII of the Charter of the United Nations."

         We are seeking justice for the crimes against humanity

        committed and directed against the people of Eswatini.

Whereas the People of the Kingdom of eSwatini (Kingdom of Swaziland pre 2018) have experienced unprecedented state violence and crimes against humanity as escalated on June 27, 2021;

Whereas excessive and disproportionate lethal force was used against unarmed citizens, including children, and this violence resulted in over eighty deaths and hundreds of injuries;

Whereas the Constitution of the Kingdom of Swaziland Act 2005 Chapter II Section 4(3) states: "The King and iNgwenyama is the- (a)Commander-in-Chief of the Defence Force; (b)Commissioner-in-Chief of the Police Service; and (c)Commissioner-in-Chief of the Correctional Services.";

Whereas the Constitution of the Kingdom of Swaziland Act 2005 Chapter II Section 11 also states: "The King and iNgwenyama shall be immune from - (a) suit or legal process in any cause in respect of all things done or omitted to be done by him; and (b) being summoned to appear as a witness in any civil or criminal proceeding."

Whereas in early July 2021, the Acting Prime Minister Themba Masuku stated 37 people were killed and the king Mswati III's daughter Sikhanyiso, the Minister of Information, Communications and Technology, told BBC Focus on Africa that "foreign mercenaries have invaded the kingdom";

Whereas the Eswatini Commission on Human Rights and Public Administration reported on October 29, 2021 that at least 46 people died during the two day June protests, 245 people had gunshot injuries, 22 people with multiple gunshot injuries and 118 people had unspecified injuries;

Whereas victims told the Commission on Human Rights and Public Administration that they were shot by members of the Eswatini armed forces;

Whereas National Courts and Judiciary are not independent from the jurisdiction of the absolute monarch, the King and iNgwenyama:

Whereas the Kingdom of eSwatini is a Non-Party State to the Rome Statute treaty that established the International Criminal Court;

And whereas the United Nations Security Council may ask the International Criminal Court to open an investigation about crimes that are committed in any state that is member to the United Nations because when a state joins the Unites Nations it accepts the UN Charter including the possibility for the Security Council to impost legal obligation on that state as per Chapter 7 of the Charter;

We, therefore, kindly request Norway place this issue on the United Nations Security Council agenda for January 2022.

References:

https://www.justice.gov/eoir/page/file/1402116/download

https://www.amnesty.org/en/latest/press-release/2021/07/eswatini-dozens-killed-tortured-abducted-as-pro-democracy-protests-intensify/

https://news.un.org/en/story/2021/07/1095352

https://aceproject.org/ero-en/regions/africa/SZ/CONSTITUTION%20OF%20THE%20KINGDOM%20OF%20SWAZILAND%202005.pdf

https://twitter.com/bbcafrica/status/1411193321398194178

https://www.chrpa.org/wp-content/uploads/2021/10/Eswatini-Unrests-Report-fro-dissemination.pdf