Podcast
Questions and Answers
Which of the following actions is classified as genocide under the ICC?
Which of the following actions is classified as genocide under the ICC?
What differentiates crimes against humanity from genocide?
What differentiates crimes against humanity from genocide?
Which of the following is NOT considered a crime against humanity?
Which of the following is NOT considered a crime against humanity?
Which act is included under the ICC's definition of genocide?
Which act is included under the ICC's definition of genocide?
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What is a key characteristic of war crimes as defined by the ICC?
What is a key characteristic of war crimes as defined by the ICC?
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What is the primary focus of international criminal law?
What is the primary focus of international criminal law?
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Which of the following is NOT an example of an international criminal tribunal?
Which of the following is NOT an example of an international criminal tribunal?
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What legal mechanism is used to address violations of international law?
What legal mechanism is used to address violations of international law?
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Which of the following is a source of international criminal law?
Which of the following is a source of international criminal law?
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What distinguishes hybrid tribunals from traditional international tribunals?
What distinguishes hybrid tribunals from traditional international tribunals?
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Which of the following best describes the role of the Security Council in international criminal law?
Which of the following best describes the role of the Security Council in international criminal law?
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What are 'ad hoc' tribunals primarily responsible for?
What are 'ad hoc' tribunals primarily responsible for?
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Which of the following exemplifies customary international law?
Which of the following exemplifies customary international law?
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Which of the following constitutes a war crime according to the statute?
Which of the following constitutes a war crime according to the statute?
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Which option correctly describes what does not fall under the definition of war crimes?
Which option correctly describes what does not fall under the definition of war crimes?
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Which of the following is a requirement for an action to be classified as a war crime in international armed conflict?
Which of the following is a requirement for an action to be classified as a war crime in international armed conflict?
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What is one of the purposes of punishing war crimes as indicated in wider goals?
What is one of the purposes of punishing war crimes as indicated in wider goals?
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Which of these statements is true regarding serious violations in conflicts not of an international character?
Which of these statements is true regarding serious violations in conflicts not of an international character?
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What is a potential goal of punishing offenders of war crimes?
What is a potential goal of punishing offenders of war crimes?
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What can be considered a 'grave breach' of the Geneva Conventions?
What can be considered a 'grave breach' of the Geneva Conventions?
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Which of the following reflects the principle of 'truth telling' in the context of wider goals?
Which of the following reflects the principle of 'truth telling' in the context of wider goals?
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What was the main criticism regarding the Nuremberg and Tokyo tribunals?
What was the main criticism regarding the Nuremberg and Tokyo tribunals?
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Which statement correctly reflects the outcome of the Nuremberg trials?
Which statement correctly reflects the outcome of the Nuremberg trials?
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What principle emphasizes the accountability of all individuals, regardless of their official position?
What principle emphasizes the accountability of all individuals, regardless of their official position?
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Which international court is described as permanent and was established after 1998?
Which international court is described as permanent and was established after 1998?
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Which charges were brought against the defendants in the Tokyo trial?
Which charges were brought against the defendants in the Tokyo trial?
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What right is guaranteed to any person charged with a crime under international law?
What right is guaranteed to any person charged with a crime under international law?
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How many defendants were found guilty in the Tokyo IMT?
How many defendants were found guilty in the Tokyo IMT?
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The Nuremberg trials were conducted by which group?
The Nuremberg trials were conducted by which group?
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Study Notes
Lecture 4 - The Role of the International Criminal Courts/Tribunals
- Lecture by Isabel Düsterhöft, LL.M., M.A.
- Email: [email protected]
- Also presented by Satoshi Kambayashi
Outline
- Introduction to international criminal law
- International crimes
- International criminal ad hoc tribunals (ICTY and ICTR)
- Hybrid tribunals (SCSL, ECCC, STL, KSC)
- Selection of cases of the ICTY and ICTR
International & Criminal Law
- International law: Rights and obligations of States
- Criminal law: Prohibitions addressed to individuals; violations subject to penal sanction by a State
- International criminal law: Imposes responsibilities directly on individuals; punishes violations through international judicial mechanisms
Sources of ICL
- Treaties: (e.g., 1907 Hague Regulation, 1948 Genocide Convention, 1949 Geneva Convention)
- Statutes: (e.g., ICC Rome Statute)
- Customary international law
- General Principles of Law: Multiple major legal systems worldwide
- Principles and rules of law: Interpreted in previous decisions (case law)
- International and domestic case law
- Writing of scholars
- Soft law (less influential)
International Justice in the 20th Century?
What are International Crimes?
- Crimes against humanity
- War crimes
- Genocide
- Crime of Aggression (ICC)
Genocide (ICC RS Art. 6)
- Acts committed with intent to destroy, in whole or in part, a national, ethnic, racial, or religious group, as such:
- Killing members of the group
- Causing serious bodily or mental harm to members of the group
- Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part
- Imposing measures intended to prevent births within the group
- Forcibly transferring children of the group to another group
Crimes against Humanity (ICC RS Art. 7)
- Acts committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack:
- Murder
- Extermination
- Enslavement
- Deportation or forcible transfer of population
- Imprisonment or other severe deprivation of physical liberty
- Torture
- Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity
War Crimes (ICC RS Art. 8)
- The Court has jurisdiction in respect of war crimes in particular when committed as part of a plan or policy or as part of a large-scale commission of such crimes.
- Grave breaches of the Geneva Conventions of 12 August 1949
- Other serious violations of the laws and customs applicable in international armed conflict
- In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949
- Other serious violations of the laws and customs applicable in armed conflicts not of an international character (outside the framework of international law)
What is the Purpose?
- Retribution: Necessity of punishment; Perpetrator-focused
- Deterrence: Future-related benefits of prosecution; Prevent engagement in prohibited conduct
- Incapacitation: Prevent crimes by keeping relevant person in detention; Future-looking
- Rehabilitation: Reformation of the offender; Human rights element
- Denunciation/Education: Opportunity to communicate with offender, wider society; Understanding 'wrongdoing'; Reaffirming norms; educating society
Wider Goals
- Vindicating Rights of Victims: Sense of justice, closure, ICC; questionable effect
- Recording History: Truth telling, permanent record of crimes, writing history; highly criticized
- Post-Conflict Reconciliation: Societal reconciliation for durable peace; "No peace without justice," many doubts
Where are International Crimes Prosecuted?
- International courts and tribunals.
- National (domestic) courts.
Nuremberg
- 24 Nazi leaders prosecuted for crimes of aggression, war crimes, and crimes against humanity.
- 12 sentenced to death
- 3 acquitted
- 7 sentenced to imprisonment
Nuremberg Charter's Principles
- Any person who commits or is an accomplice in the commission of an act which constitutes a crime under international law is responsible therefore and liable to punishment.
- The fact that a person who committed an international crime acted as Head of State does not free him/her from responsibility under international law or mitigate punishment.
- Any person charged with a crime under international law has the right to a fair trial on the facts and law.
Nuremberg Principles
- Individual criminal responsibility
- International law can criminalize acts
- No Head-of-State immunity
- No defense of superior orders
- Right to a fair trial
- Criminalize aggression, crimes against humanity, and war crimes
- Complicity is a crime
Tokyo
- Tokyo IMT set up in January 1946 by General Douglas MacArthur
- 28 defendants
- Trial lasted 2.5 years
- 7 sentenced to death
- 1 to 20 years imprisonment
- 1 to 7 years imprisonment
- Rest to life imprisonment
Criticism of Nuremberg and Tokyo Tribunals
- Violation of the principle of legality?
- Violation of the doctrine of state sovereignty?
- Victor's justice? (Hiroshima, Nagasaki, Dresden)
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Description
Test your knowledge of international criminal law concepts, including genocide, crimes against humanity, and war crimes. This quiz will challenge you on definitions, key characteristics, and the roles of various legal mechanisms and tribunals under international law. Perfect for law students and professionals interested in the field!
