Lecture 5: The International Criminal Court
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Questions and Answers

What does Rule 11bis ICTY/ICTR RPE pertain to?

  • The establishment of international criminal jurisdictions
  • The definition of international crimes under the Rome Statute
  • The transfer of cases from local courts to international tribunals (correct)
  • The procedure for national courts to prosecute international crimes

Which of the following describes the 'complementarity' principle of the ICC?

  • The ICC is the primary jurisdiction for all international crimes.
  • The ICC operates independently of any national legal systems.
  • The ICC can only prosecute cases already tried by national courts.
  • The ICC supports national jurisdictions in prosecuting serious crimes. (correct)

How many countries are states parties to the Rome Statute of the International Criminal Court as of November 14, 2023?

  • 124 (correct)
  • 150
  • 120
  • 130

Which of the following is NOT a type of tribunal mentioned?

<p>Temporary (D)</p> Signup and view all the answers

Which international tribunal is characterized by having primacy and is classified as hybrid/mixed?

<p>SCSL (D)</p> Signup and view all the answers

What are national institutions often found to lack in prosecuting citizens for international crimes?

<p>Political will to prosecute (D)</p> Signup and view all the answers

What does the term 'primacy' refer to in relation to international tribunals?

<p>The authority of international tribunals over national jurisdictions (C)</p> Signup and view all the answers

Which of the following enhances the ability of the ICC to fulfill its role?

<p>Support from national governments (B)</p> Signup and view all the answers

What was one of the main objectives of the ICTY and ICTR?

<p>To establish historical records of conflicts (D)</p> Signup and view all the answers

Which of the following statements about the ICTY and ICTR is correct?

<p>They dealt only with the most responsible persons for the most serious crimes. (A)</p> Signup and view all the answers

Which type of crimes did the ICTY focus on?

<p>Crimes against humanity and war crimes (C)</p> Signup and view all the answers

What is one criticism of the ICTY and ICTR regarding their effectiveness?

<p>They lacked the ability to arrest suspects. (C)</p> Signup and view all the answers

What was a significant legal development attributed to the ICTY?

<p>Recognizing rape as a means to commit genocide (A)</p> Signup and view all the answers

How did the costs of the ICTY and ICTR contribute to their criticism?

<p>They were considered too expensive in relation to their achievements. (D)</p> Signup and view all the answers

What was a key factor that hindered the effectiveness of both the ICTY and ICTR?

<p>Limited jurisdiction as defined by their statutes (C)</p> Signup and view all the answers

Which group was primarily targeted by the ICTR for its prosecutions?

<p>Those responsible for genocide against the Tutsi in Rwanda (B)</p> Signup and view all the answers

What is the primary requirement for an act to be classified as genocide?

<p>The act must be committed with intent to destroy a group as such. (D)</p> Signup and view all the answers

Which of the following acts is NOT considered an act of genocide under the ICC's Article 6?

<p>Providing jobs to individuals from a persecuted ethnic group. (C)</p> Signup and view all the answers

In the context of genocide, what does 'mens rea' refer to?

<p>The intent behind committing an act. (C)</p> Signup and view all the answers

Which of the following statements about genocidal intent is correct?

<p>Circumstantial evidence can establish genocidal intent if it is the reasonable inference. (C)</p> Signup and view all the answers

What differentiates genocide from persecution?

<p>Genocide intends to destroy a group as a distinct entity, not just individuals. (A)</p> Signup and view all the answers

How is the phrase 'in whole or in part' significant in defining genocide?

<p>It shows that even partial destruction of a protected group can be considered genocide. (A)</p> Signup and view all the answers

Which act is explicitly not considered a crime against humanity?

<p>Rioting (A)</p> Signup and view all the answers

What element differentiates crimes against humanity from common crimes?

<p>Knowledge of the attack (C)</p> Signup and view all the answers

Which of the following groups is recognized as a protected group under the definition of genocide?

<p>Groups identified by nationality, race, ethnicity, or religion. (C)</p> Signup and view all the answers

Which principle distinguishes genocide from acts of war crimes?

<p>Genocide necessitates a specific intent to destroy a group. (B)</p> Signup and view all the answers

Which of the following is a necessary element of war crimes according to the statute?

<p>Planning or policy involvement (A)</p> Signup and view all the answers

Which of these is NOT included in the definition of crimes against humanity?

<p>Conducting a business (A)</p> Signup and view all the answers

What is the mens rea requirement for crimes against humanity?

<p>Knowledge of the attack (B)</p> Signup and view all the answers

In relation to war crimes, which situation does not apply?

<p>Internal disturbances (B)</p> Signup and view all the answers

Which act is recognized as an example of a crime against humanity?

<p>Torture (C)</p> Signup and view all the answers

Which of the following actions falls under war crimes?

<p>Grave breaches of Geneva Conventions (B)</p> Signup and view all the answers

What was one of the main challenges regarding the crime of aggression included in the RS in 1998?

<p>Inability to agree on jurisdictional conditions. (D)</p> Signup and view all the answers

As of December 2017, what significant development occurred regarding the crime of aggression?

<p>Jurisdiction was activated. (C)</p> Signup and view all the answers

Which of the following states has not been named as an example in discussions about the crime of aggression?

<p>Afghanistan (C)</p> Signup and view all the answers

What does Article 9 of the Elements of Crimes focus on?

<p>Interpreting and applying articles related to aggression. (B)</p> Signup and view all the answers

What is the primary purpose of Article 1 UNC?

<p>Suppression of acts of aggression. (C)</p> Signup and view all the answers

What key threshold must be met regarding cases at the ICC, as per the steps outlined?

<p>Gravity threshold must be met. (B)</p> Signup and view all the answers

What is the significance of the Kampala amendment of 2010?

<p>It allowed for the ratification of the crime of aggression. (B)</p> Signup and view all the answers

Which step assesses whether the ICC has jurisdiction over a crime?

<p>Article 5 (A)</p> Signup and view all the answers

What is required to establish a crime of aggression according to the International Criminal Court?

<p>A person in control of military action (A)</p> Signup and view all the answers

Which of the following is classified as an act of aggression?

<p>Military occupation of a territory by armed forces (D)</p> Signup and view all the answers

Which element is necessary for acts to be categorized as part of an armed conflict?

<p>Awareness of the existence of the conflict by perpetrators (C)</p> Signup and view all the answers

What does 'act of aggression' specifically refer to?

<p>Use of armed force against the sovereignty of another State (D)</p> Signup and view all the answers

Which of the following acts is NOT considered an act of aggression?

<p>Providing humanitarian assistance (C)</p> Signup and view all the answers

What is implied by the position of the accused in relation to an armed conflict?

<p>Potential awareness of the circumstances surrounding the conflict (C)</p> Signup and view all the answers

Which action would qualify as an act of aggression under the definitions provided?

<p>Allowing territory to be used for hostile military actions against another State (A)</p> Signup and view all the answers

What is the significance of the term 'criminality' in the context of aggression?

<p>It defines the implications of acts of aggression as violations of international law. (A)</p> Signup and view all the answers

Flashcards

What is the ICC?

The International Criminal Court (ICC) is a permanent court established by international treaty to prosecute individuals for the most serious crimes of concern to the international community: genocide, crimes against humanity, war crimes, and the crime of aggression.

What is the Rome Statute?

The Rome Statute is the founding treaty of the ICC, outlining the court's structure, jurisdiction, and procedures.

What is Ratione Materiae?

Ratione Materiae is the legal term for the type or category of crimes over which a court has jurisdiction. The ICC has jurisdiction over four specific crimes: genocide, crimes against humanity, war crimes, and the crime of aggression.

What was the ICTY?

The International Criminal Tribunal for the former Yugoslavia (ICTY) was an ad hoc tribunal set up by the UN Security Council to prosecute crimes committed during the Yugoslav Wars.

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What was the ICTR?

The International Criminal Tribunal for Rwanda (ICTR) was established by the UN Security Council to prosecute perpetrators of the Rwandan genocide.

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What type of tribunals were the ICTY and ICTR?

The ICTY and ICTR were ad hoc tribunals, meaning they were created for a specific purpose and for a limited time.

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What were the objectives of the ICTY and ICTR?

The ICTY and ICTR were created to achieve accountability, establish historical facts, and contribute to the development of international criminal law.

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What are some criticisms of the ICC?

The ICC is criticized for its lengthy proceedings, high costs, remoteness from the crimes' location, and lack of arrest power.

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What characterizes crimes against humanity?

The participation of multiple individuals, including those in government or military roles, in a criminal activity.

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Why do crimes against humanity often go unpunished at the national level?

National governments may be unwilling or unable to prosecute their own citizens for crimes against humanity, due to political reasons or systemic failures.

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What legal rule highlights the prosecution of crimes against humanity?

Rule 11bis, a legal principle, emphasizes the importance of the prosecution of crimes against humanity.

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When are international courts necessary for crimes against humanity?

International criminal courts and tribunals are established to address crimes against humanity when national systems are not functioning.

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What role does the ICC play in addressing crimes against humanity?

The International Criminal Court (ICC) is a permanent international body with the authority to prosecute serious crimes against humanity.

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How does the ICC's jurisdiction work in relation to national courts?

The ICC can only prosecute crimes when national courts are unwilling or unable to do so, demonstrating the principle of complementarity.

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What is the overall goal of the ICC?

The ICC aims to hold individuals accountable for crimes against humanity, contributing to a more just and peaceful world.

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How is the ICC organized?

The ICC's structure includes the Pre-Trial Chamber, the Trial Chamber, the Appeals Chamber, and other administrative units, ensuring a comprehensive legal process.

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Genocide

The intentional destruction, in whole or in part, of a national, ethnical, racial, or religious group.

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Intent in Genocide

The specific intent to destroy a group 'as such' means targeting them as a distinct entity, not just individuals within it.

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Targeting a Group

The intention to destroy a group 'as such' must be proven. Simply harming individuals within the group isn't enough.

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Acts of Genocide

The acts of genocide can include killing, causing harm, inflicting conditions of life calculated to destroy, preventing births, and forcibly transferring children.

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Persecution

The crime against humanity of persecution involves intentionally and severely harming a group based on their identity.

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Genocide vs. Persecution

The specific intent to destroy a group 'as such' is a key distinction from persecution. Genocide aims to eliminate a group altogether.

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Crimes Against Humanity

Crimes against humanity are serious violations committed as part of a widespread or systematic attack.

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Crimes Against Humanity Context

Crimes against humanity are not limited to war situations. They can occur during peacetime as well.

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Armed Conflict Nexus

The existence of an armed conflict during the time of the alleged crime.

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Nexus between Conflict and Acts

A connection between the armed conflict and the acts committed. Acts must be linked to the situation.

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Awareness of Armed Conflict

The accused must have been aware at the time that an armed conflict existed. This can be shown through various evidence.

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Crime of Aggression - Definition

The crime of aggression involves planning, preparing, initiating, or executing an act of aggression by someone in a position of power within a state.

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Act of Aggression - Definition

An act of aggression is the use of armed force by a state against another state's sovereignty, territorial integrity, political independence, or in violation of the UN Charter.

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Act of Aggression - Invasion or Attack

The invasion or attack by one state's armed forces on another's territory, including temporary occupation or annexation.

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Act of Aggression - Bombardment

The act of one state's armed forces bombarding another state's territory or using weapons against it.

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Act of Aggression - Blockade

A state blocking another state's ports and coasts with its armed forces.

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Crime of Aggression

A crime defined as the planning, preparation, initiation or execution by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression by that State, or an act of aggression which is the result of a decision or policy of that State.

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UN's primary purpose

The primary purpose of the United Nations is to suppress acts of aggression.

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Crime of Aggression in the RS

The Rome Statute (RS) initially included the crime of aggression, but couldn't agree on a definition or jurisdiction.

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Kampala Amendment

The Kampala Amendment in 2010 added a definition for the crime of aggression and established jurisdiction.

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Jurisdiction of the ICC

The International Criminal Court (ICC) acquired jurisdiction over the crime of aggression in December 2017.

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ICC Cases on Crime of Aggression

The ICC has not yet tried any cases focused on the crime of aggression.

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Examples of Acts of Aggression

Examples of acts of aggression can include invasion of another country, military actions beyond self-defense, and acts of violence against civilians.

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Elements of Crime of Aggression

The elements of the crime of aggression are defined in Article 9 of the Rome Statute, and they can include the use of armed force by a state against another state without lawful reason.

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What is a Crime Against Humanity?

An intentional attack directed against a civilian population, involving widespread or systematic acts of violence. It aims to cause widespread suffering or extermination.

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What makes an attack 'widespread' or 'systematic'?

A series of acts committed as part of a larger plan or policy to systematically target civilians. It involves targeting a significant portion of a population, not just isolated incidents.

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Why must a Crime Against Humanity be 'directed against a civilian population'?

It means the attack must be directed against a large number of people who are not participating in hostilities. It's not about fighting soldiers, but targeting civilians.

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What does 'with knowledge of the attack' mean for a Crime Against Humanity?

It means the perpetrator must have knowledge of the attack and its purpose. They understand the impact of their actions on the civilian population. It's not about accidental harm, but a conscious decision.

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What is a War Crime?

A grave breach of the Geneva Conventions, including acts like wilful killing, torture, and taking hostages. These acts violate the laws and customs of armed conflict.

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What are ‘laws and customs applicable in international armed conflict’?

The laws and customs that govern the conduct of hostilities during an armed conflict. These rules are based on international treaties and agreements.

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What are 'other serious violations of the laws and customs applicable in armed conflicts'?

Serious violations of the basic rules of international law that protect individuals during armed conflicts, such as torture, inhuman treatment, and taking hostages.

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What is an 'armed conflict not of an international character'?

A conflict that takes place within a single country, between different groups or factions. This conflict can involve government forces or rebel groups.

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Study Notes

International Criminal Court (ICC)

  • The ICC is a permanent tribunal
  • It prosecutes individuals for the most serious crimes of international concern
  • Its jurisdiction is complementary to national criminal jurisdictions

Ad Hoc Tribunals - ICTY and ICTR

  • These tribunals dealt with specific conflicts
  • Crimes committed in former Yugoslavia since 1991 and genocide against Tutsi's in Rwanda in 1994
  • They operated for a limited time and had limited jurisdiction
  • Focused on the most responsible individuals for serious crimes
  • Created important case law, e.g., rape as a means of genocide

ICTY (International Criminal Tribunal for the former Yugoslavia)

  • ICTY operated from 1993-2017
  • Location: The Hague
  • Geographic Scope: Former Yugoslavia
  • Key Figures: Multiple accused individuals involved in crimes against humanity and war crimes
  • Key Statistics: 161 individuals indicted, 83 acquitted, 37 proceedings terminated, 13 individuals transferred for trial, 4,650 witnesses, 10,800 trial days, 2.5 million pages of transcripts, and 14 states with sentences enforced

ICTR (International Criminal Tribunal for Rwanda)

  • ICTR operated from 1994-2015
  • Geographic Scope: Rwanda
  • Key Figures: Multiple accused individuals involved in the 1994 genocide
  • Number of individuals indicted: 93 individuals
  • Key Statistics on proceedings & outcomes: 85 accused completed proceedings (excluding 5 transferred to other jurisdictions), 23 transferred to states to serve sentences, 10 awaiting transfer, 23 who have served their sentences, 6 who died before or during sentence, 14 acquitted, and 2 with withdrawn indictments

Mechanism for International Criminal Tribunals (MICT)

  • Established to take over continuing functions of ICTY and ICTR
  • Functions include: tracking and prosecution of remaining fugitives, judicial proceedings, handling cases referred to national courts, protecting victims and witnesses, enforcing sentences, assisting national jurisdictions, and managing archives
  • Timelines: Arusha branch opened in July 2012, ICTR closed in December 2015, ICTY expected closure in December 2017, and Hague branch opened in July 2013

Key Crimes in ICC Jurisdiction

  • Genocide (Art. 6): Intentional acts aimed at destroying a national, ethnic, racial, or religious group.
  • Crimes Against Humanity (Art. 7): Widespread or systematic attacks against civilian populations, knowing about the attack.
  • War Crimes (Art. 8): Serious violations of the laws and customs of war, in international or non-international armed conflicts.
  • Crime of Aggression (Art. 8bis): Use of armed force against a state's sovereignty, territorial integrity, or political independence.

Other Important Aspects

  • States Parties: 124 countries are state parties to the Rome Statute, but not all have fully adopted the Rome Statute.
  • Funding Sources: Major contributions are from the United States, Japan, Germany, UK, France and Italy
  • Challenges: Challenges to the ICC include ratification by powerful countries, staff distribution, budgetary concerns, protecting victims and witnesses, the relationship between peace, and justice, issues of complementarity, and variations amongst legal systems & traditions

Selected Accused Individuals

  • Information available about a variety of people accused of crimes

Overview of Different Forms of Tribunals

  • Hybrid
  • International
  • Ad Hoc
  • Permanent
  • Complementarity
  • Primacy

Structure of the ICC

  • Assembly of State Parties, Presidency, Registry, Chambers (Pre-Trial, Trial, Appeals), Office of the Prosecutor (Jurisdiction, Complementarity, Cooperation, Investigation, Prosecution), Trust Fund for Victims

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This quiz covers the structure and functions of the International Criminal Court (ICC) and the ad hoc tribunals, including the ICTY and ICTR. It explores their jurisdiction, key cases, and impacts on international law. Test your knowledge on significant legal precedents and historical contexts related to these tribunals.

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