Lecture 1: Introduction to the Historic Foundations of IHL (&ICL)

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Questions and Answers

What is the main court for International Criminal Law (ICL)?

The Special Tribunal for Lebanon

The European Court of Human Rights

The International Court of Justice

The International Criminal Court (correct)

What was one major criticism of the Nuremberg and Tokyo Tribunals?

Lack of sufficient evidence

Failure to punish actual criminals

Procedures conducted in absentia (correct)

Impartiality of the judges

Which principle does NOT apply to the legal framework criticized as 'nullum crimen sine lege'?

Crimes must be clearly defined

Criminal laws must be published

No crime without a law

Individuals can be punished without a law (correct)

Which of the following is NOT a type of court that administers International Criminal Law?

Administrative courts Signup and view all the answers

What does ICL primarily address?

Crimes of international concern Signup and view all the answers

What is the main focus of International Humanitarian Law (IHL)?

To limit the conduct and effects of armed conflict Signup and view all the answers

How is the overall grade for the IHL/ICL course assessed?

Exam (70%), Moot Court (30%) Signup and view all the answers

What is required to pass the IHL/ICL course?

Pass the exam and complete homework and group work Signup and view all the answers

What components make up the Moot Court assessment?

Written pleading (70%) and oral arguments (30%) Signup and view all the answers

Which of the following describes a primary focus of International Criminal Law (ICL)?

Prosecution of individuals for crimes such as genocide Signup and view all the answers

Which statement accurately reflects the nature of the field trip related to the IHL/ICL course?

It provides a visit to the International Criminal Court Signup and view all the answers

Which part of the course schedule involves preparation by students?

Moot Court preparations Signup and view all the answers

What type of law does International Humanitarian Law mainly address?

Armed conflict law Signup and view all the answers

Who are the subjects of International Humanitarian Law (IHL)?

Individuals Signup and view all the answers

What is the primary purpose of International Criminal Law (ICL)?

To provide individual criminal responsibility for serious crimes Signup and view all the answers

Which of the following frameworks primarily provides for rights that individuals have against their governments?

Human Rights Law Signup and view all the answers

Which instrument is NOT associated with International Humanitarian Law?

ICCPR Signup and view all the answers

What do the Additional Protocols of 1977 contribute to International Law?

Expanding protections for victims in armed conflicts Signup and view all the answers

What historical event led to the founding of the ICRC?

The Battle of Solferino Signup and view all the answers

Which of the following accurately describes the nature of the ICRC?

A neutral, impartial, and independent humanitarian organization Signup and view all the answers

What is the primary purpose of the ICRC according to the Geneva Conventions?

To oversee the application of International Humanitarian Law Signup and view all the answers

Which of the following is NOT a function of the ICRC?

Judicial function Signup and view all the answers

What is meant by 'Ius in bello' in International Humanitarian Law?

The conduct of warfare Signup and view all the answers

What was a significant outcome of World War II in relation to IHL?

Development of the Geneva Conventions of 1949 and Additional Protocols of 1977 Signup and view all the answers

How does the ICRC aim to enforce IHL?

By educating armed forces and the public about the rules Signup and view all the answers

What does the term 'paradox of IHL' refer to?

The recognition of IHL despite frequent violations Signup and view all the answers

Study Notes

Course Overview

The course covers Minor International Law, specifically focusing on International Humanitarian Law (IHL) and International Criminal Law (ICL).
Three distinct components are: Public International Law (PIL), International Humanitarian and International Criminal Law (IHL/ICL), and Human Rights Law (HRL).
Each component is presented with a specific number of ECTS credits (European Credit Transfer and Accumulation System).

Course Outline

The course content will include basic notions of IHL and ICL.
The course will also explore the differences between IHL and ICL.

Teaching Methodology

The teaching methods include lectures, seminars, moot court, reading, and movies.
A field trip is also part of the course.

Weekly Schedule

Live lectures at THUAS, Fridays from 12:15 to 14:30 in Ov.4.47.
Reading, homework, and group work are mandatory.
Some seminars require group preparation.
Guest lectures will be announced.
A field trip is scheduled for November 22nd.

Assessment

IHL/ICL accounts for 33% of the overall grade.
An exam is worth 70% of the IHL/ICL portion, lasting 1.5 hours and covering all course material.
Moot Court contributes 30% (details will follow).
Homework and group work assignments are essential for course success.

Moot Court

The moot court begins in week 7.
ICC proceedings will be simulated, involving 4 teams (OTP, 2x Defense, Victims Counsel).
A moot court case will be available before the Fall Break.
Assessment is through written pleadings (70%) and oral arguments (30%).

Field Trip

Scheduled for November 22nd.
A location is mentioned as the International Criminal Court.

Literature

The course does not use a single textbook.
Instead, various articles, policy papers, videos, and other publications are used.
Required and recommended readings are in the Module book.
Additional material will be available online via BrightSpace.

Lecture 1: Foundations of IHL and ICL

Lecture 1 introduces the historical foundations of IHL and ICL. The lecture also provides historical details of the Geneva Conventions.

What is IHL?

IHL is a part of international law.
It establishes rules to limit armed conflict.
IHL protects those who are not participating in conflict.
It applies to international and non-international armed conflicts

Law and War

The law of war and whether war itself is legal are examined.
A paradox of IHL is presented, highlighting its widespread acceptance yet frequent disregard in practice.

Data on Armed Conflicts

Data visualizations (charts and maps) display global armed conflict frequencies and types since 1946.
- Data sources include UCDP/PRIO, UCDP Battle Death Database, and Peterson, etc.

Active State-Based Conflicts

Detailed maps and data analyze active state-based conflicts in 2022 and 2023.

History of ICL

ICL's historical context is examined, highlighting roots in the WWII Nuremberg and Tokyo Tribunals.
Justification included tyranny, disregard for human dignity and overwhelming wartime horrors.
Critiques include victor's justice, lack of consistent legal framework, and violation of state sovereignty.

Present of ICL

The International Law Commission and the development of the Rome Statute are examined.
ICL addresses global conflicts through national and international tribunals and courts.
The Hague is seen as a center of peace and justice.

What is ICL?

ICL is a subset of international law.
ICL holds individuals responsible for severe international crimes.
ICL covers war crimes and other serious international crimes.
Various courts (national, hybrid, international) administer and develop ICL.

ICRC Information

The International Committee of the Red Cross (ICRC) is a key organization in IHL.
ICRC established a core function of protecting victims and working for IHL.
The role of the ICRC, their functions (monitoring, promotion, catalyzing action), principles, and partners are explained.

Additional Information

Additional details on the use and enforcement of IHL, and basic rules of IHL (Lectures 2 & 3), and relevant URLs are provided.

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Description

This quiz assesses your understanding of International Criminal Law (ICL) and International Humanitarian Law (IHL). It covers foundational concepts, major criticisms of historical tribunals, and key components of course assessments. Test your knowledge on the main principles and subjects of ICL and IHL.