Podcast
Questions and Answers
What does ICL stand for?
What does ICL stand for?
International Criminal Law
Which crimes are traditionally considered international crimes?
Which crimes are traditionally considered international crimes?
Customary law can establish criminal responsibility if it is clear and accessible.
Customary law can establish criminal responsibility if it is clear and accessible.
True
_______ jurisdiction allows a state to prosecute individuals for certain serious crimes regardless of any connection to the state.
_______ jurisdiction allows a state to prosecute individuals for certain serious crimes regardless of any connection to the state.
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Match the principles of jurisdiction with their descriptions:
Match the principles of jurisdiction with their descriptions:
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Which courts considered the death penalty as an invalid sentence?
Which courts considered the death penalty as an invalid sentence?
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The ICC has a financial relationship with the United Nations.
The ICC has a financial relationship with the United Nations.
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The ICC was established by a treaty in __________ by 120 votes.
The ICC was established by a treaty in __________ by 120 votes.
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Which term is used to describe the form of intern criminal tribunals' penal system?
Which term is used to describe the form of intern criminal tribunals' penal system?
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Match the following crimes with their definitions:
Match the following crimes with their definitions:
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What is one of the disadvantages of customary international law?
What is one of the disadvantages of customary international law?
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Soft law has played a significant role in the substantive law of international crimes.
Soft law has played a significant role in the substantive law of international crimes.
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What are the two primary approaches for justifying punishment mentioned in the text?
What are the two primary approaches for justifying punishment mentioned in the text?
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The punishment imposed must be proportionate to the __________.
The punishment imposed must be proportionate to the __________.
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Match the justification for punishment with its description:
Match the justification for punishment with its description:
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What principle does Article 17 of the Rome Statute establish?
What principle does Article 17 of the Rome Statute establish?
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Who was the first individual to be convicted of genocide by an international court?
Who was the first individual to be convicted of genocide by an international court?
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What was the primary responsibility of the International Residual Mechanism for Criminal Tribunals (IRMCT) after the closure of the ICTY and ICTR?
What was the primary responsibility of the International Residual Mechanism for Criminal Tribunals (IRMCT) after the closure of the ICTY and ICTR?
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The Gacaca courts in Rwanda aimed to address a limited number of genocide-related crimes.
The Gacaca courts in Rwanda aimed to address a limited number of genocide-related crimes.
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The Gacaca courts aimed to foster national unity and reconciliation by involving _ communities in the justice process.
The Gacaca courts aimed to foster national unity and reconciliation by involving _ communities in the justice process.
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Match the following individuals with their convictions:
Match the following individuals with their convictions:
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Which legal framework was rooted in Rwanda's traditional conflict resolution mechanisms?
Which legal framework was rooted in Rwanda's traditional conflict resolution mechanisms?
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Judges of the Gacaca Courts required formal legal training.
Judges of the Gacaca Courts required formal legal training.
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Where was the International Criminal Tribunal for Rwanda (ICTR) based?
Where was the International Criminal Tribunal for Rwanda (ICTR) based?
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The Gacaca Courts emphasized __________ involvement and reconciliation.
The Gacaca Courts emphasized __________ involvement and reconciliation.
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Match the following legal frameworks/tribunals with their respective outcomes:
Match the following legal frameworks/tribunals with their respective outcomes:
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Study Notes
Introduction to International and European Criminal Law
- International Criminal Law (ICL) is a new field, especially in German countries, focusing on international crimes.
- European Criminal Law is a younger subject with limited competences, previously relying on treaties (public international law).
Definition and Sources of ICL
- Public International Law: relations between states, governing the conduct, rights, and obligations of states and international organizations.
- Criminal Law: deals with the rights and responsibilities of individuals.
- International Criminal Law: a new body of law, placing international criminal responsibility on individual persons.
- Sources of ICL: international treaties, ICJ (Art 38), customary law (clear and accessible).
Key Principles of ICL
- Non-retroactivity (nullum crimen sine lege): no crimes without a written law, but not necessarily applicable in public international law.
- Ne bis in idem: no double jeopardy.
Aims and Objectives of ICL
- Lead to the prosecution of international crimes.
- Protection of peace, security, and well-being of the world (Rome Statute).
- Retribution, retribution theories, and utilitarian theories (deterrence, incapacitation, rehabilitation, denunciation, restorative justice).
Jurisdiction and Prosecution
- Jurisdiction: the power of the state to regulate affairs pursuant to its laws.
- Prosecution of international crimes: primarily the job of national courts, but the ICC is a complementary court.
- Jurisdiction types: territoriality, nationality, passive personality, protective principle, universal jurisdiction.
Universal Jurisdiction
- Unconditional universal jurisdiction: allows a state to prosecute individuals for certain serious crimes regardless of connection to the state.
- Conditional universal jurisdiction: requires a connection to the state seeking to prosecute the crime.
- Legal and practical challenges: sovereignty, diplomatic relations, fair trial guarantees, and practical problems.
National Prosecution
- National prosecution of international crimes: primary responsibility, but often selective and limited by intern legal expertise and resources.
- Human rights law obligations: investigation and prosecution of grave breaches.
International Courts and Tribunals
- Early attempts: Treaty of Versailles, Treaty of Sèvres, International Military Tribunal (Nuremberg Trial).
- ICTY and ICTR: practical problems, lack of cooperation, and safe havens.
- ICC: established by the Rome Statute, only permanent court prosecuting international crimes, with a structure similar to ICTY and ICTR.
ICC Jurisdiction and Crimes
- Jurisdiction: after July 1, 2002, for crimes committed in states that are party to the Rome Statute.
- Crimes: crimes against humanity, war crimes, genocide, and aggression (defined in 2010).
- Principle of complementarity: the ICC only intervenes if national courts are unable or unwilling to investigate and prosecute.
ICC and Ukraine-Russia Conflict
- Ukraine is not a member state, but recognizes the ICC's jurisdiction.
- Russia is not a member state and has not recognized the ICC's jurisdiction.
- Aggression and war crimes in Ukraine: unjustified invasion, conflict, and war crimes.
- ICC arrest warrants: issued against President Vladimir Putin and Russia's Commissioner for Children's Rights Maria Lvova-Belova.### International Criminal Law
- Conditions for success: impartiality, expertise, decisions based on law, protection of victims and witnesses, and sufficient budgetary resources.
War Crimes and International Criminal Law
- War crimes originate from the "laws and customs of war".
- Genocides and crimes against humanity evolved to protect persons from human rights abuses.
- International criminal law is a developing field, with different definitions and utility.
Sources of International Criminal Law
- Treaties (e.g. 1907 Hague Regulations, 1949 Geneva Conventions, 1948 Genocide Convention)
- Customary international law (accepted by the ICTY and ICTR)
- General principles of law (used by the ICTY to assist in its search for applicable rules)
- Judicial decisions (ICTY and ICTR frequently relied on each other's case law)
Punishment and Justifications
- Retribution (focus on the necessity of punishing those who have violated societal norms)
- Deterrence (focus on the future-related benefits of prosecution)
- Incapacitation (links to individual deterrence, seeks to prevent crimes by keeping the relevant person in detention)
- Rehabilitation (the point of criminal sanctions is reformation of the offender)
- Denunciation (opportunity for communication with the offender, the victim, and wider society)
Goals of International Criminal Justice
- Vindicating the rights of victims
- Recording history
- Post-conflict reconciliation
- Further asserted benefits of international trials (e.g. distance from political manipulation, international judges)
Critiques of International Criminal Justice
- Expensive and inaccessible to victims
- Inequalities in the selection of cases (selective justice)
- May not comprehend large-scale international crimes
International Criminal Court (ICC)
- Principle of complementarity (ICC acts as a court of last resort)
- Admissibility of cases (ICC may declare a case inadmissible if it is being investigated or prosecuted by a state with jurisdiction)
- Assessment of unwillingness and inability of a state to genuinely investigate and prosecute
International Criminal Tribunal for the former Yugoslavia (ICTY)
- Established in 1993 by the UN Security Council
- Jurisdiction: genocide, crimes against humanity, and war crimes committed in the former Yugoslavia
- Notable cases: Slobodan Milošević, Radovan Karadžić, Ratko Mladić
- Impact: contributed to the development of international criminal law, particularly regarding genocide, war crimes, and crimes against humanity
International Criminal Tribunal for Rwanda (ICTR)
- Established in 1994 by the UN Security Council
- Jurisdiction: genocide, crimes against humanity, and war crimes committed in Rwanda
- Notable cases: Jean-Paul Akayesu, Théoneste Bagosora, Augustin Bizimungu
- Impact: established legal precedents for the prosecution of genocide and crimes against humanity
Legacy and Contributions
- Precedent setting
- Accountability
- Victims' rights
- International cooperation
International Residual Mechanism for Criminal Tribunals (IRMCT)
- Established in 2010 to ensure the continued functioning of the ICTY and ICTR
- Mandate: remaining judicial work, protection of witnesses, enforcement of sentences, tracking fugitives, management of archives, and handling contempt cases### Gacaca Courts
Background
- The 1994 Rwandan genocide resulted in the deaths of over 1 million people, approximately 14% of the population.
- Post-genocide Rwanda faced the challenge of bringing numerous perpetrators to justice with a decimated criminal justice infrastructure.
Purpose and Objectives
- The Gacaca courts were established to address the vast number of genocide-related crimes and to promote reconciliation at the grassroots level.
- Aimed to expedite the judicial process given the overwhelming number of cases.
- Sought to foster national unity and reconciliation by involving local communities in the justice process.
Structure and Process
- Judges were elected from the local community based on their integrity and moral standing.
- Trials were conducted in public settings, encouraging community involvement and confessions.
- Divided offenses into categories, with Category 1 including planners and leaders of the genocide and Category 3 involving property crimes.
Outcomes
- Handled nearly 2 million cases over a decade.
- Sentences varied from community service to life imprisonment, with a focus on confessions and public apologies.
- Mixed results in terms of community involvement and reconciliation, with successes in community involvement but criticisms regarding procedural fairness and reparations.
Criticisms
- Issues with impartiality, lack of legal representation, and potential biases.
- Inadequate mechanisms for compensating victims, leading to dissatisfaction among survivors.
International Criminal Tribunal for Rwanda (ICTR)
Purpose and Objectives
- Established by the United Nations to prosecute those responsible for serious violations of international humanitarian law during the 1994 genocide.
- Focused on prosecuting high-level planners and executors of the genocide.
Structure and Process
- Composed of judges and prosecutors from various countries, with extensive legal expertise.
- Followed international legal standards, including rights to defense, appeal, and due process.
- Based in Arusha, Tanzania, away from Rwanda, to ensure neutrality and security.
Outcomes
- Prosecuted 93 individuals, focusing on top leaders and masterminds.
- Imposed lengthy prison sentences, including life imprisonment.
- Established important legal precedents for the prosecution of genocide and international crimes.
Criticisms
- High operational costs and slow pace of trials.
- Perceived as distant and detached from the Rwandan population, with limited direct impact on local reconciliation efforts.
- Focus on high-profile cases left many lower-level perpetrators unaddressed.
Comparison of Gacaca Courts and ICTR
Scope and Reach
- Gacaca courts handled a vast number of cases at the community level, involving local populations directly in the justice process.
- ICTR focused on high-level perpetrators with fewer cases but significant international legal impact.
Legal Standards and Fairness
- Gacaca courts faced criticisms for lack of legal representation, potential biases, and inconsistent procedures.
- ICTR adhered to international legal standards, ensuring fair trial rights and due process.
Impact on Reconciliation
- Gacaca courts aimed at fostering reconciliation through community involvement, with mixed results regarding actual reconciliation and reparation for victims.
- ICTR contributed to international justice and set legal precedents but had limited direct impact on local reconciliation in Rwanda.
Operational Costs
- Gacaca courts were relatively low-cost due to local implementation and volunteer judges.
- ICTR had high operational costs due to international staffing, security, and logistics.
Legacy
- Gacaca courts left a complex legacy of community justice with significant achievements and notable shortcomings.
- ICTR left a legacy of important legal precedents and international accountability, despite criticisms of cost and efficiency.
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Description
This quiz covers concepts related to International Criminal Law, including the principles of jurisdiction, customary law, and international crimes. Test your knowledge of ICL and its applications!
