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What is the primary aim of international criminal law?
What is the primary aim of international criminal law?
What historical event primarily influenced the development of international criminal law?
What historical event primarily influenced the development of international criminal law?
Which of the following best describes the role of the International Criminal Court?
Which of the following best describes the role of the International Criminal Court?
What was the significance of the phrase 'hostes humanis generis' in relation to piracy?
What was the significance of the phrase 'hostes humanis generis' in relation to piracy?
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Which crimes were expressly recognized by international tribunals following World War II?
Which crimes were expressly recognized by international tribunals following World War II?
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What impediment did Kaiser Wilhelm II face in relation to his prosecution under international law?
What impediment did Kaiser Wilhelm II face in relation to his prosecution under international law?
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What was concluded by the judgement of the Nuremberg Trials regarding crimes against international law?
What was concluded by the judgement of the Nuremberg Trials regarding crimes against international law?
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What can be said about the development of international criminal law prior to its modern origins?
What can be said about the development of international criminal law prior to its modern origins?
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What year was the International Criminal Tribunal for the former Yugoslavia (ICTY) established?
What year was the International Criminal Tribunal for the former Yugoslavia (ICTY) established?
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Which tribunal applies only Lebanese criminal law in its proceedings?
Which tribunal applies only Lebanese criminal law in its proceedings?
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What characteristic distinguishes hybrid courts from other types of courts?
What characteristic distinguishes hybrid courts from other types of courts?
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What major international event delayed the establishment of a permanent international criminal court until the late 20th century?
What major international event delayed the establishment of a permanent international criminal court until the late 20th century?
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What unique requirement does the Statute of the Special Court for Sierra Leone impose regarding the judiciary?
What unique requirement does the Statute of the Special Court for Sierra Leone impose regarding the judiciary?
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Which of the following crimes does the Special Court for Sierra Leone NOT have jurisdiction over?
Which of the following crimes does the Special Court for Sierra Leone NOT have jurisdiction over?
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What was one of the key motivations for establishing the International Criminal Court (ICC)?
What was one of the key motivations for establishing the International Criminal Court (ICC)?
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Which Security Council Resolution led to the establishment of the ICTY?
Which Security Council Resolution led to the establishment of the ICTY?
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Which of the following is NOT one of the four core crimes defined by the Rome Statute?
Which of the following is NOT one of the four core crimes defined by the Rome Statute?
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Which of the following actions constitutes genocide under the Rome Statute?
Which of the following actions constitutes genocide under the Rome Statute?
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What year was the Rome Statute of the International Criminal Court concluded?
What year was the Rome Statute of the International Criminal Court concluded?
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Which group was convened by the UN General Assembly to advance the creation of the International Criminal Court?
Which group was convened by the UN General Assembly to advance the creation of the International Criminal Court?
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Which of the following statements is true regarding the International Criminal Court's jurisdiction?
Which of the following statements is true regarding the International Criminal Court's jurisdiction?
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Which act is classified as a crime against humanity under the Rome Statute?
Which act is classified as a crime against humanity under the Rome Statute?
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What is the significance of the Preparatory Committee (PrepCom) held in 1995?
What is the significance of the Preparatory Committee (PrepCom) held in 1995?
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When did the International Criminal Court officially come into being?
When did the International Criminal Court officially come into being?
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What constitutes a war crime according to the Rome Statute?
What constitutes a war crime according to the Rome Statute?
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Which of the following acts is NOT classified as a war crime under the Geneva Conventions?
Which of the following acts is NOT classified as a war crime under the Geneva Conventions?
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The crime of aggression includes which of the following components?
The crime of aggression includes which of the following components?
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Which situation does NOT describe a condition under which war crimes can be committed?
Which situation does NOT describe a condition under which war crimes can be committed?
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What is an example of other inhumane acts under international law?
What is an example of other inhumane acts under international law?
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Which of the following is NOT a serious violation categorized under war crimes?
Which of the following is NOT a serious violation categorized under war crimes?
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Under the Rome Statute, what is necessary for a crime to be defined as a war crime?
Under the Rome Statute, what is necessary for a crime to be defined as a war crime?
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What constitutes an act of aggression under the crime of aggression definition?
What constitutes an act of aggression under the crime of aggression definition?
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What defines an 'act of aggression' according to international law?
What defines an 'act of aggression' according to international law?
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Under the Rome Statute, when did the ICC's jurisdiction become applicable to offenses?
Under the Rome Statute, when did the ICC's jurisdiction become applicable to offenses?
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What is meant by the principle of complementarity in relation to the ICC?
What is meant by the principle of complementarity in relation to the ICC?
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Which of the following statements is true regarding the ICC's jurisdiction over core crimes?
Which of the following statements is true regarding the ICC's jurisdiction over core crimes?
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What is a significant aspect of the UN Charter-based mechanisms for determining the legality of war?
What is a significant aspect of the UN Charter-based mechanisms for determining the legality of war?
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Which group argues that drug-trafficking should be included as a core crime under the ICC's jurisdiction?
Which group argues that drug-trafficking should be included as a core crime under the ICC's jurisdiction?
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What argument might GROUP F present against classifying drug-trafficking as one of the 'core crimes'?
What argument might GROUP F present against classifying drug-trafficking as one of the 'core crimes'?
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What is one of the limitations of the ICC compared to the ICTY and ICTR?
What is one of the limitations of the ICC compared to the ICTY and ICTR?
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Study Notes
International Criminal Law
- International criminal law is a body of public international law designed to prohibit certain categories of conduct deemed serious atrocities and hold perpetrators accountable.
- This law is relatively recent, placing responsibility primarily on individual states for criminal acts.
- Historically, piracy was an exception, with pirates considered enemies of humankind.
- Modern institutions like the International Criminal Court handle international criminal law, often functioning as ad hoc tribunals or hybrid courts with a limited scope.
Origins of International Criminal Law
- The 1919 Treaty of Versailles condemned German Kaiser Wilhelm II for a "supreme offense" against international morality and treaties.
- After WWI, the condemnation of Kaiser Wilhelm II occurred, but the decision to hold him liable was challenged as his crimes were deemed not to be a part of the Dutch constitution.
- The Nuremberg and Tokyo trials after WWII were a pivotal moment.
- International tribunals were given jurisdiction over crimes against peace, crimes against humanity, and war crimes.
- The Nuremberg trials acknowledged individual accountability for international crimes.
International Criminal Tribunals
- International Criminal Tribunal for the former Yugoslavia (ICTY) was established in response to the Yugoslav wars.
- International Criminal Tribunal for Rwanda (ICTR) was established for atrocities committed in Rwanda.
- Both ICTY and ICTR functioned as ad hoc tribunals with a structured trial chamber and an appeals chamber.
- They were primarily focused on prosecuting violations of international humanitarian law within their respective areas.
- They had jurisdiction over persons responsible and notably had primacy over national courts.
- The Special Tribunal for Lebanon (STL) focused only on the Hariri assassination, functioning as an international tribunal with limited jurisdiction.
Hybrid Courts
- Hybrid courts blend domestic and international law.
- The Special Court for Sierra Leone (SCSL) is an example, established through an agreement between the government of Sierra Leone and the UN Security Council.
- The SCSL had jurisdiction over recognized international crimes, alongside domestic crimes like arson, and used a majority of appointed judges and a UN prosecutor.
- The SCSL's decisions were largely informed by ICTY/ICTR Appeals Chamber rulings regarding international law and by Sierra Leonean courts' understanding of national laws.
Foundation of the International Criminal Court (ICC)
- The Rome Statute established the ICC in 1998, aiming to address the 'core crimes' of: Genocide, War crimes, Crimes against humanity, and Aggression.
- Initial efforts aimed at establishing a permanent international criminal court were hindered by the Cold War.
- The 1994 Draft Statute, leading to proposals by Trinidad and Tobago, suggested criminal prosecution for drug-related offences as a start.
Core Crimes - Defined
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Genocide: As per the statute, this involves acts intended to destroy, in whole or in part, a national, ethnical, racial, or religious group. This includes killing group members, causing serious physical or mental harm, or creating conditions to bring about the group's destruction.
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Crimes against humanity: Crimes committed as part of a widespread or systematic attack against any civilian population include murder, extermination, enslavement, and deportation, amongst others.
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War Crimes: Violations of the Geneva Conventions during international or non-international armed conflicts; this includes wilful killing, torture, inhuman treatment, and extensive destruction of property.
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Crime of aggression: The use of armed force against a state's sovereignty, territorial integrity or political independence. This was defined in 2010.
Jurisdiction of the ICC
- The ICC's jurisdiction is complementary to national courts. This means national courts have priority to investigate, prosecute, or investigate a case first before the ICC.
- The ICC cannot prosecute crimes committed before its establishment date of July 1, 2002.
- The ICC's jurisdiction covers the most serious crimes of concern to the international community.
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Description
Explore the fundamentals of international criminal law, a crucial aspect of public international law that addresses serious crimes and holds individuals accountable. This quiz covers historical developments, including the Treaty of Versailles and the Nuremberg trials, highlighting the evolution of legal accountability on a global scale.
