Lecture 5 questions

The involvement of multiple individuals, including those in government or military leadership, in a crime, either directly or indirectly.

States might not investigate or prosecute crimes committed by their own citizens due to a reluctance or inability, often due to lack of political will or institutional collapse.

The International Criminal Court (ICC) is a permanent international court with jurisdiction over the most serious crimes of international concern, complementing national criminal courts.

The ICC's jurisdiction is limited to crimes committed by individuals, not states.

The ICC is based on the principle of complementarity, meaning it can only intervene when national courts are unwilling or unable to prosecute crimes.

The ICC's structure includes a Presidency, a Judicial Division, a Prosecutor, and a Registry, each with specific responsibilities.

The ICC is a permanent court, meaning it is always active and can handle cases whenever they arise, unlike ad-hoc tribunals which are set up for specific situations.

As of November 2023, 124 countries are States Parties to the Rome Statute, which created the ICC.

Created by the UN Security Council to address crimes committed in former Yugoslavia after 1991. It was limited in time and jurisdiction, focusing on the most responsible individuals for the most serious crimes.

Established by the UN Security Council to address the 1994 genocide against the Tutsi in Rwanda. Like the ICTY, it had limited jurisdiction and time constraints, targeting high-ranking individuals.

A key claim of the ICTY and ICTR is their role in establishing historical facts and creating a record of the crimes committed. This provides essential documentation for understanding the events and their impact.

Another claim of the ICTY and ICTR is their contribution to the development and implementation of international criminal law. They played a significant role in defining and interpreting legal principles related to war crimes and genocide.

One criticism of the ICTY and ICTR is their excessive length of proceedings, which can be seen as inefficient and delaying justice for victims. The complex nature of the cases and the need for thorough investigation can contribute to this issue.

Another criticism of the ICTY and ICTR is their limited effect on the national populations affected by the crimes. While seeking justice for victims is crucial, these courts may not have a direct or immediate impact on the lives of people in the affected regions.

One of the challenges faced by the ICTY and ICTR is that they lack the power to arrest suspects. They rely on national authorities to detain and transfer suspects to the tribunals, which can be a significant obstacle.

Another criticism of the ICTY and ICTR is that they have been costly to operate, which raises questions about the allocation of resources and the effectiveness of the tribunals in achieving their goals.

An international crime defined by acts committed with the intent to destroy, in whole or in part, a national, ethnical, racial or religious group.

The specific intent to destroy a national, ethnic, racial, or religious group as a whole or in part.

The actions taken to commit genocide. It can be an act of commission or omission.

The act of intentionally causing serious bodily or mental harm to members of the group. It does not require proof of death.

The act of imposing measures to prevent births within a specific group. This can include forced sterilization or other means.

A crime against humanity defined by acts committed as part of a widespread or systematic attack directed against any civilian population.

The act of deliberately inflicting conditions of life calculated to bring about the physical destruction of the group, in whole or in part. This includes starvation, disease, and other hostile living conditions.

The act of forcibly transferring children of the group to another group. This involves forcibly removing children from their families and placing them in a different community.

A crime committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.

It means the attack must be either widespread, affecting many people, or systematic, using a plan or pattern.

The attack needs to be directed at civilians, not soldiers or combatants.

The perpetrator must have knowledge of the attack, meaning they knew it was happening or had reasons to know.

It means the individual must have known or had reasons to know the attack was taking place, even if they didn't know the full details.

Grave breaches of Geneva Conventions, other serious violations in international and non-international armed conflicts.

War crimes include grave breaches of the Geneva Conventions (e.g., willful killing, torture), other serious violations of laws and customs of war in both international and non-international conflicts.

War crimes are serious violations of international law committed during an armed conflict, whether international or non-international.

A crime under international law that includes acts of aggression by a state leader against another state’s sovereignty, territorial integrity, or political independence. This crime involves planning, preparation, initiation, or execution of the act of aggression, often in violation of the UN Charter.

The use of armed force by a state against another state's sovereignty, territorial integrity, or political independence, or in any manner inconsistent with the UN Charter.

Invasion or attack by a state's armed forces on the territory of another state, including military occupation, even if temporary, resulting from such invasion or attack.

Bombardment of another state's territory by the armed forces of a state or the use of any weapons against that state's territory.

Blockade of a state's ports or coasts by the armed forces of another state.

Attack by the armed forces of a state on the land, sea, or air forces, or marine and air fleets of another state.

The use of armed forces of one state within another state's territory, even with the receiving state's agreement, but violating agreement conditions or exceeding the agreed presence timeframe.

Allowing a state's territory to be used by another state for launching acts of aggression against a third state. It also includes sending armed bands, groups, irregulars, or mercenaries to carry out acts of armed force against another state.

The crime of aggression is defined as a planned use of military force by a state to violate the territorial integrity or political independence of another state. It's considered a grave violation of the UN Charter and international law.

The ICC's jurisdiction over the crime of aggression activates when a state has ratified the Kampala Amendment (2010) to the Rome Statue. This amendment formally recognized the crime of aggression and codified it as a crime under ICC jurisdiction.

Crimes under ICC jurisdiction are reviewed against a set of criteria to determine if the ICC is the appropriate court to hear the case. These include complementarity (whether national courts are able and willing to handle the case), the gravity of the crime, and if the interests of justice are served.

Examples of crimes of aggression might include invasions, military occupations, blockades, and any other use of force that violates the territorial integrity or political independence of a sovereign state.

The ICC (International Criminal Court) has not yet prosecuted a case focusing on the crime of aggression. However, it has the potential to do so in the future, depending on the circumstances and the ratification of the Rome Statute by the involved states.

While the ICC has a role in addressing crimes of aggression, it's important to note that the focus is on individuals who are responsible for planning, directing, or executing these actions. The Court does not prosecute states themselves.

The crime of aggression is a complex topic with varying definitions and interpretations. It involves a combination of legal and political considerations, making it a challenging area of international law.

The UN Charter, which is foundational to international law, emphasizes the suppression of acts of aggression. This reflects a strong commitment to maintaining peace and security by deterring the use of force and ensuring international cooperation.