International Criminal Law Overview

International Criminal Law

• International criminal law is a body of public international law designed to prohibit specific categories of conduct, typically viewed as serious atrocities. It aims to hold perpetrators accountable.
• International criminal law is relatively recent, with responsibility for criminal acts typically confined to individual countries.
• A notable historical exception is piracy, where pirates were considered "enemies of all humankind."
• Several institutions now exist to enforce international criminal law. These include ad hoc tribunals, hybrid courts (combining domestic and international law), and the International Criminal Court.

Origins of International Criminal Law

• The 1919 Treaty of Versailles, following World War I, condemned Kaiser Wilhelm II for "the supreme offense against international morality and the sanctity of treaties."
• Kaiser Wilhelm II sought asylum in the Netherlands, which declined extradition. This highlighted potential limitations in enforcing international criminal law.
• The establishment of international tribunals during World War II – Nuremberg and Tokyo trials – was a watershed moment. These were the first international tribunals to try crimes against peace, crimes against humanity, and war crimes.
• The Nuremberg Trials emphasized that these crimes are committed by individuals, not abstract entities, and that punishing individuals is crucial for enforcement.

International Criminal Tribunals

• International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) were established in response to mass atrocities.
• ICTY and ICTR had jurisdiction over serious violations of international humanitarian law in their respective regions and held primacy over national courts in those areas.

Special Tribunal for Lebanon (STL)

• The STL was established following the assassination of Prime Minister Rafic Hariri.
• The STL's jurisdiction was limited specifically to actions related to the Hariri assassination, categorized as a terrorist act.

Hybrid Courts

• Hybrid courts, like the Special Court for Sierra Leone (SCSL), blend domestic and international law.
• The SCSL, created through an agreement between the Sierra Leone government and the UN Security Council.
• A majority of SCSL judges and prosecutors were appointed by the UN Secretary-General.
• The SCSL's jurisdiction included recognized international crimes alongside domestic violations like arson.

Foundation of the International Criminal Court (ICC)

• The ICC was established in 1998 through the Rome Statute (a treaty).
• Earlier efforts, particularly delayed by the Cold War, aimed at establishing a permanent international criminal court following World War II.
• Trinidad and Tobago proposed international prosecution of drug-related crimes in 1989.
• An International Criminal Court Draft Statute was proposed in 1994 by the UN.

Core Crimes (1994 Draft Statute; and Kampala Review)

• Genocide: Acts committed with intent to destroy a national, ethnical, racial, or religious group (e.g., killing members, causing serious bodily harm, imposing conditions to destroy a group).
• Crimes against humanity: Widespread or systematic attacks against civilian populations, including murder, extermination, enslavement, deportation, imprisonment, torture, and rape.
• War crimes: Violations of the laws and customs of war, including willful killing, torture, inhumane treatment, and extensive destruction of property.
• Crimes of aggression: The use of armed force by a state against another state's sovereignty, territorial integrity, or political independence (defined in 2010).

Preparatory Committee (PrepCom)

• The UN General Assembly created a PrepCom to finalize the creation of the International Criminal Court
• PrepCom facilitated a five-week conference in Rome that led to the conclusion of the Rome Statute in 1998.
• The Court formally began functioning in 2002 after ratification

Jurisdiction of the ICC

• The ICC has jurisdiction over the "most serious crimes of concern to the international community as a whole."
• The jurisdiction of the ICC is complementary to the jurisdiction of national courts (meaning national courts have primary responsibility and the ICC steps in only if national mechanisms are unavailable or insufficient).

This quiz explores the key concepts and historical origins of international criminal law, which seeks to hold perpetrators accountable for serious atrocities. It covers the development of legal frameworks and notable institutions like the International Criminal Court. Test your understanding of this important area of law.