Lecture 4 questions

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Questions and Answers

What is the legal definition of genocide according to the ICC?

Genocide is defined as acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group, including killing members or causing serious harm.

List three acts that constitute crimes against humanity.

Murder, torture, and enslavement are three acts that constitute crimes against humanity.

How are war crimes defined in terms of their execution according to the ICC?

War crimes are defined as acts committed as part of a plan or policy or large-scale commission of such crimes.

What measures may be taken to prevent genocide according to the ICC's definition?

Measures intended to prevent births within the group and forcibly transferring children to another group are examples of actions that could be taken to prevent genocide. Signup and view all the answers

Why is there often disagreement in the international community regarding political and legal definitions of genocide?

There is often disagreement because political definitions may vary based on strategic interests, while legal definitions are based on international law standards. Signup and view all the answers

What distinguishes international criminal law from international law?

International criminal law imposes responsibilities directly on individuals, while international law primarily addresses the rights and obligations of states. Signup and view all the answers

Name two examples of ad hoc international criminal tribunals.

The International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR). Signup and view all the answers

What are hybrid tribunals, and can you give two examples?

Hybrid tribunals are courts that combine international and domestic laws. Examples include the Special Court for Sierra Leone (SCSL) and the Extraordinary Chambers in the Courts of Cambodia (ECCC). Signup and view all the answers

What type of law do treaties like the ICC Rome Statute belong to?

Treaties like the ICC Rome Statute are classified under international law and serve as sources of international criminal law. Signup and view all the answers

How does customary international law contribute to international criminal law?

Customary international law provides principles and rules that gain legal status through widespread acceptance and practice among states. Signup and view all the answers

What is the role of the Security Council regarding international criminal law?

The Security Council can adopt resolutions that establish tribunals or refer situations to the International Criminal Court (ICC). Signup and view all the answers

Why are general principles of law important in international criminal law?

General principles of law provide interpretative guidelines that assist in understanding and applying international law across different legal systems. Signup and view all the answers

What is the significance of case law in interpreting international criminal law?

Case law serves as a crucial reference for courts and tribunals in interpreting laws and establishing judicial precedents. Signup and view all the answers

What constitutes a 'war crime' according to the statute provided?

'War crimes' include grave breaches of the Geneva Conventions and serious violations of laws in both international and non-international armed conflicts. Signup and view all the answers

What are considerations that do not qualify as 'war crimes' under this statute?

Internal disturbances like riots or isolated acts of violence do not qualify as 'war crimes'. Signup and view all the answers

How does the statute differentiate between various types of armed conflict?

The statute distinguishes between international armed conflicts and non-international armed conflicts, each with its own applicable violations. Signup and view all the answers

What is the purpose of punitive measures as stated in the broader context?

Punitive measures aim for deterrence, incapacitation, and rehabilitation of offenders, as well as reaffirming societal norms. Signup and view all the answers

What role does the International Criminal Court (ICC) play in the context of war crimes?

The ICC plays a role in vindicating the rights of victims and recording historical accounts of crimes. Signup and view all the answers

Explain the significance of 'truth-telling' in the context of war crimes.

'Truth-telling' is significant as it contributes to recording history and provides closure to victims. Signup and view all the answers

What are the potential future benefits of prosecuting war crimes?

Prosecution of war crimes can prevent future crimes and educate society about the consequences of such actions. Signup and view all the answers

How does the statute contribute to societal reconciliation post-conflict?

The statute contributes to societal reconciliation by establishing a permanent record of crimes and promoting truth-telling. Signup and view all the answers

What were the key outcomes of the Nuremberg Trials for the defendants?

24 Nazi leaders were prosecuted: 12 sentenced to death, 3 acquitted, and 7 received prison sentences. Signup and view all the answers

What principle is emphasized by the Nuremberg Charter regarding the responsibility of leaders for international crimes?

No Head of State or public official is exempt from responsibility under international law for committing crimes. Signup and view all the answers

Explain the term 'victors' justice' in the context of the Nuremberg and Tokyo Tribunals.

'Victors' justice' refers to the belief that the winning side of a conflict chooses to prosecute the losing side while ignoring its own potential wrongdoings. Signup and view all the answers

What criticisms were levied against the legality of the Nuremberg and Tokyo Tribunals?

Critics argued that the tribunals violated the principle of legality and state sovereignty. Signup and view all the answers

How did the Tokyo IMT differ from the Nuremberg Trials in terms of its duration and number of defendants?

The Tokyo IMT lasted 2.5 years and prosecuted 28 defendants, compared to the Nuremberg Trials which focused on 24 leaders. Signup and view all the answers

What rights are guaranteed to individuals charged with international crimes according to the Nuremberg Charter?

Individuals have the right to a fair trial based on the facts and law. Signup and view all the answers

What was the role of General Douglas MacArthur in the establishment of the Tokyo IMT?

General Douglas MacArthur set up the Tokyo IMT in January 1946. Signup and view all the answers

Identify the primary international court established in 1998 that is permanent.

The International Criminal Court (ICC) was established in 1998 and became permanently operational in 2002. Signup and view all the answers

Study Notes

Lecture 4 - The Role of the International Criminal Courts/Tribunals

The lecture is about the role of international criminal courts and tribunals.
The lecture outlines the introduction to international criminal law, international crimes (including crimes against humanity, war crimes, genocide, and the crime of aggression).
The lecture explores the international criminal 'ad hoc' tribunals (ICTY and ICTR), hybrid tribunals (SCSL, ECCC, STL, KSC), selection of cases from ICTY and ICTR.
It also includes the sources of international criminal law (treaties, customary international law, general principles of law, domestic case law, international case law, and the writings of scholars).
There is a discussion about international justice in the 20th century and what international crimes are.

Genocide (ICC RS Art. 6)

Genocide is defined as acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, or religious group.
Acts include killing members of the group, causing them serious harm, inflicting conditions to bring about physical destruction, preventing births, and forcibly transferring children.

Crimes Against Humanity (ICC RS Art. 7)

Crimes against humanity are acts committed as part of a widespread or systematic attack directed against any civilian population.
These acts include murder, extermination, enslavement, deportation, imprisonment, torture, rape, sexual slavery, enforced prostitution, forced pregnancy/sterilization, and other forms of comparable sexual violence.
This also includes persecution, enforced disappearances, and apartheid.

War Crimes (ICC RS Art. 8)

War crimes are violations of the laws and customs applicable in international armed conflict or armed conflict not of an international character.
This includes grave breaches of the Geneva Conventions, other serious violations within the established framework of international law, and serious violations of Article 3 common to the Geneva Conventions.
This also includes internal disturbances and tensions, such as riots and sporadic acts of violence.

Purposes of International Criminal Courts/Tribunals

Retribution: the necessity of punishment focused on the perpetrator.
Deterrence: future-related benefits of prosecution to prevent prohibited engagement.
Incapacitation: preventing crimes by keeping perpetrators in detention - future-looking.
Rehabilitation: reformation of the offender, focusing on the human rights element.
Denunciation/Education: opportunity to communicate with offender, victim, and wider society, understanding wrongdoing, reaffirming norms, and educating society.

Wider Goals of International Criminal Courts/Tribunals

Vindicating Rights of Victims - sense of justice, closure, questionability of ICC effect.
Recording History - truth-telling and a permanent record of crimes; writing history; highly criticized.
Post-Conflict Reconciliation - societal reconciliation for durable peace; no peace without justice, many doubts.

Where International Crimes are Prosecuted

International courts and tribunals.
National (domestic) courts .
Examples of international crimes, such as the Syrian war crimes, are prosecuted in both contexts.

Nuremberg and Tokyo Tribunals

Nuremberg: 24 Nazi leaders prosecuted for crimes of aggression, war crimes, and crimes against humanity.
Tokyo: 28 defendants charged with similar war crimes.
Key principles: individual criminal responsibility, no immunity for heads of state, right to a fair trial.
Criticisms: violation of legality principle, nullum crimen sine lege, nullum poena sine lege, violation of the doctrine of State sovereignty, victors' justice.

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Description

This quiz covers the role of international criminal courts and tribunals in addressing international crimes such as genocide, war crimes, and crimes against humanity. It includes discussions on historical tribunals like ICTY and ICTR, as well as the sources of international criminal law and their impact on justice in the 20th century.