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Questions and Answers
What is the legal definition of genocide according to the ICC?
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.
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?
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?
What measures may be taken to prevent genocide according to the ICC's definition?
Why is there often disagreement in the international community regarding political and legal definitions of genocide?
Why is there often disagreement in the international community regarding political and legal definitions of genocide?
What distinguishes international criminal law from international law?
What distinguishes international criminal law from international law?
Name two examples of ad hoc international criminal tribunals.
Name two examples of ad hoc international criminal tribunals.
What are hybrid tribunals, and can you give two examples?
What are hybrid tribunals, and can you give two examples?
What type of law do treaties like the ICC Rome Statute belong to?
What type of law do treaties like the ICC Rome Statute belong to?
How does customary international law contribute to international criminal law?
How does customary international law contribute to international criminal law?
What is the role of the Security Council regarding international criminal law?
What is the role of the Security Council regarding international criminal law?
Why are general principles of law important in international criminal law?
Why are general principles of law important in international criminal law?
What is the significance of case law in interpreting international criminal law?
What is the significance of case law in interpreting international criminal law?
What constitutes a 'war crime' according to the statute provided?
What constitutes a 'war crime' according to the statute provided?
What are considerations that do not qualify as 'war crimes' under this statute?
What are considerations that do not qualify as 'war crimes' under this statute?
How does the statute differentiate between various types of armed conflict?
How does the statute differentiate between various types of armed conflict?
What is the purpose of punitive measures as stated in the broader context?
What is the purpose of punitive measures as stated in the broader context?
What role does the International Criminal Court (ICC) play in the context of war crimes?
What role does the International Criminal Court (ICC) play in the context of war crimes?
Explain the significance of 'truth-telling' in the context of war crimes.
Explain the significance of 'truth-telling' in the context of war crimes.
What are the potential future benefits of prosecuting war crimes?
What are the potential future benefits of prosecuting war crimes?
How does the statute contribute to societal reconciliation post-conflict?
How does the statute contribute to societal reconciliation post-conflict?
What were the key outcomes of the Nuremberg Trials for the defendants?
What were the key outcomes of the Nuremberg Trials for the defendants?
What principle is emphasized by the Nuremberg Charter regarding the responsibility of leaders for international crimes?
What principle is emphasized by the Nuremberg Charter regarding the responsibility of leaders for international crimes?
Explain the term 'victors' justice' in the context of the Nuremberg and Tokyo Tribunals.
Explain the term 'victors' justice' in the context of the Nuremberg and Tokyo Tribunals.
What criticisms were levied against the legality of the Nuremberg and Tokyo Tribunals?
What criticisms were levied against the legality of the Nuremberg and Tokyo Tribunals?
How did the Tokyo IMT differ from the Nuremberg Trials in terms of its duration and number of defendants?
How did the Tokyo IMT differ from the Nuremberg Trials in terms of its duration and number of defendants?
What rights are guaranteed to individuals charged with international crimes according to the Nuremberg Charter?
What rights are guaranteed to individuals charged with international crimes according to the Nuremberg Charter?
What was the role of General Douglas MacArthur in the establishment of the Tokyo IMT?
What was the role of General Douglas MacArthur in the establishment of the Tokyo IMT?
Identify the primary international court established in 1998 that is permanent.
Identify the primary international court established in 1998 that is permanent.
Flashcards
What is genocide?
What is genocide?
The intentional destruction of a national, ethnical, racial or religious group, in whole or in part, through acts like killing, causing serious harm, inflicting conditions of life calculated to destroy the group, imposing measures to prevent births, or forcibly transferring children of the group.
What are Crimes Against Humanity?
What are Crimes Against Humanity?
Crimes committed as part of a widespread or systematic attack directed against any civilian population. These crimes include murder, extermination, enslavement, deportation or forcible transfer of population, torture, and more. The key element is the intent to harm a civilian population.
What are War Crimes?
What are War Crimes?
Crimes committed during international armed conflict, like killing civilians, torture, taking hostages, and destruction of property.
What are the International Criminal Court (ICC) crimes?
What are the International Criminal Court (ICC) crimes?
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What is 'imposing measures intended to prevent births within the group' in the definition of genocide?
What is 'imposing measures intended to prevent births within the group' in the definition of genocide?
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What do war crimes cover?
What do war crimes cover?
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What are the Geneva Conventions?
What are the Geneva Conventions?
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Why are the Geneva Conventions important?
Why are the Geneva Conventions important?
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What is Article 3 of the Geneva Conventions?
What is Article 3 of the Geneva Conventions?
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What are examples of grave breaches of the Geneva Conventions?
What are examples of grave breaches of the Geneva Conventions?
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What are the purposes of prosecuting war crimes?
What are the purposes of prosecuting war crimes?
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What are the broader goals of prosecuting war crimes?
What are the broader goals of prosecuting war crimes?
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Nullum crimen sine lege
Nullum crimen sine lege
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Nullum poene sine lege
Nullum poene sine lege
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State sovereignty
State sovereignty
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Principle of legality
Principle of legality
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Individual responsibility in international law
Individual responsibility in international law
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Nuremberg trials
Nuremberg trials
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Tokyo trials
Tokyo trials
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International Criminal Court (ICC)
International Criminal Court (ICC)
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What is International Criminal Law?
What is International Criminal Law?
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What are International Crimes?
What are International Crimes?
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What are International Criminal 'Ad Hoc' Tribunals?
What are International Criminal 'Ad Hoc' Tribunals?
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What are Hybrid Tribunals?
What are Hybrid Tribunals?
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What was the ICTY and What did it Do?
What was the ICTY and What did it Do?
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What was the ICTR and What did it Do?
What was the ICTR and What did it Do?
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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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