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Questions and Answers

What were two major criticisms of the Nuremberg and Tokyo Tribunals?

Victors’ justice and violation of state sovereignty.

How does International Criminal Law (ICL) hold individuals accountable?

ICL places criminal responsibility on individuals for acts defined as crimes by international law.

What is the significance of the ICC in the realm of International Criminal Law?

The ICC is the only permanent court for ICL, focusing on the prosecution of serious crimes of international concern.

Name two alternative accountability mechanisms mentioned in relation to ICL.

<p>IIIM and UNITAD.</p> Signup and view all the answers

In what city is the primary court for International Criminal Law located, and what does it symbolize?

<p>The Hague, symbolizing peace and justice.</p> Signup and view all the answers

What paradox exists within International Humanitarian Law (IHL)?

<p>IHL is widely accepted yet often blatantly disregarded.</p> Signup and view all the answers

Who is credited with the founding of the International Committee of the Red Cross (ICRC) and its establishment?

<p>Henry Dunant founded the ICRC after the Battle of Solferino.</p> Signup and view all the answers

What is the main difference between 'Ius ad bellum' and 'Ius in bello'?

<p>'Ius ad bellum' concerns the justification for entering a war, while 'Ius in bello' deals with the conduct within war.</p> Signup and view all the answers

What role does the ICRC play in relation to IHL?

<p>The ICRC acts as the guardian of IHL, ensuring its application and addressing breaches.</p> Signup and view all the answers

What is one of the primary functions of the ICRC in relation to IHL enforcement?

<p>The ICRC provides education on the rules of IHL to armed forces and the general public.</p> Signup and view all the answers

What are the core activities performed by the ICRC?

<p>The ICRC monitors IHL adherence, promotes its principles, and provides direct assistance to conflict victims.</p> Signup and view all the answers

How does the ICRC function as a watchdog in armed conflicts?

<p>The ICRC raises alarms about serious violations of IHL when they occur.</p> Signup and view all the answers

What was a major historical impact of World War II on International Humanitarian Law?

<p>World War II led to significant developments in IHL, including the Fourth Geneva Conventions of 1949.</p> Signup and view all the answers

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

<p>IHL focuses on regulating the conduct of parties in armed conflict and protecting civilians and civilian objects.</p> Signup and view all the answers

How does International Criminal Law (ICL) differ from IHL concerning individual responsibility?

<p>ICL provides for individual criminal responsibility for serious crimes of international concern, whereas IHL primarily regulates conduct during armed conflict.</p> Signup and view all the answers

Name two key instruments of International Human Rights Law.

<p>The ICCPR (International Covenant on Civil and Political Rights) and CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women) are two key instruments.</p> Signup and view all the answers

What is the role of the Geneva Conventions in the context of IHL?

<p>The Geneva Conventions establish the core legal standards for humanitarian treatment in armed conflict.</p> Signup and view all the answers

In the context of Human Rights Law, what does the acronym CERD stand for?

<p>CERD stands for the International Convention on the Elimination of All Forms of Racial Discrimination.</p> Signup and view all the answers

What does IHL primarily aim to protect during armed conflicts?

<p>IHL primarily aims to protect persons who are not participating in hostilities.</p> Signup and view all the answers

Explain the role of the International Criminal Court (ICC) in the context of moot court proceedings described.

<p>In moot court proceedings, the ICC serves as the backdrop where teams represent the Office of the Prosecutor and the Defence in hypothetical trials.</p> Signup and view all the answers

What is the primary distinguishing feature between International Humanitarian Law and International Criminal Law?

<p>IHL regulates conduct in armed conflicts, while ICL focuses on the prosecution of individuals for serious crimes like genocide and war crimes.</p> Signup and view all the answers

Flashcards

International Humanitarian Law (IHL)

A branch of international law that regulates the conduct of parties to an armed conflict and the protection of certain categories of persons and objects.

International Criminal Law (ICL)

A branch of international law that focuses on individual criminal responsibility for serious crimes of international concern.

International Human Rights Law (IHRL)

A branch of public international law that deals with the rights and obligations of individuals vis-à-vis their government.

Traditional International Law (TIL)

A branch of international law where states were traditionally considered the only subjects.

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Human Rights Treaties

International legal instruments that govern human rights law, including the ICCPR, ICESCR, CEDAW, CRC, and others.

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Nullum Crimen Sine Lege

The principle that a person cannot be punished for an act that was not a crime at the time it was committed.

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What is International Criminal Law?

The International Criminal Law (ICL) is a branch of international law that holds individuals accountable for serious crimes such as war crimes, crimes against humanity, and genocide. It aims to punish those responsible for these crimes and deter future atrocities.

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What is the ICC?

The International Criminal Court (ICC) is a permanent international court established to try individuals accused of the most serious crimes of concern to the international community, including genocide, crimes against humanity, war crimes, and the crime of aggression. It is the only permanent court dedicated to prosecuting these crimes.

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What were the Nuremberg and Tokyo Trials?

The Nuremberg and Tokyo Trials were war crimes tribunals held after World War II to try individuals accused of crimes against humanity, war crimes, and crimes against peace. They were the first major attempts to establish individual criminal responsibility for international crimes.

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What is the Rome Statute?

The Rome Statute is the treaty that established the International Criminal Court (ICC). It defines the crimes that the court has jurisdiction to prosecute and sets out the rules and procedures for the court's operations.

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Paradox of IHL

The paradox describes the situation where the most widely accepted body of international law (IHL) is often disregarded in practice.

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Geneva Conventions

The Geneva Conventions, a set of international treaties, primarily focus on the humanitarian treatment of victims of war.

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Hague Conventions

The Hague Conventions, also known as the Law of The Hague, deal with the conduct of warfare, focusing on the legal framework for declaring wars and using weapons.

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Ius ad bellum

Ius ad bellum (Latin for 'right to war') refers to the legal guidelines governing the conditions under which war is justified.

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Ius in bello

Ius in bello (Latin for 'right in war') refers to the legal guidelines governing how wars are fought, focusing on the ethical and moral principles.

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ICRC

The International Committee of the Red Cross (ICRC) is a non-governmental organization that provides humanitarian aid and works to protect victims of armed conflict.

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ICRC's Monitoring Function

The ICRC monitors the implementation of International Humanitarian Law (IHL), ensuring its relevance by reflecting on the reality of conflicts.

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ICRC's Promotion Function

The ICRC advocates for the respect of IHL, educating and promoting understanding of its principles.

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What is IHL?

International Humanitarian Law, or IHL, is a set of rules that limits how armed conflicts are conducted and the effects they have.

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Who does IHL protect?

IHL protects individuals who are not, or are no longer, participating in armed conflicts.

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What types of conflicts does IHL apply to?

IHL applies to both international armed conflicts (between states) and non-international armed conflicts (within a state).

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What is ICL?

International Criminal Law (ICL) is a branch of public international law that deals with the prosecution of individuals for crimes that are considered to be of international concern.

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What crimes does ICL address?

ICL is a body of law that establishes crimes against humanity, war crimes, genocide, and the crime of aggression.

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What is the difference between IHL and ICL?

The main difference is that IHL focuses on the conduct of armed conflict, while ICL focuses on the prosecution of individuals for serious crimes that may occur during armed conflict.

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What is international law?

International law governs the relationship between states, including the conduct of war and the prosecution of individuals for crimes.

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How is the course structured?

The course is designed to give students a comprehensive understanding of IHL and ICL. It uses a variety of teaching methods, including lectures, seminars, reading, moot courts, and field trips.

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Study Notes

Minor International Law

  • Course covers Public International Law (PIL), International Humanitarian Law (IHL/ICL), and Human Rights Law (HRL)
  • PIL (5 ECTS), IHL/ICL (5 ECTS), HRL (5 ECTS)

Course Outline

  • Course content
  • Basic principles of IHL
  • Basic principles of ICL
  • Differences between IHL and ICL

Teaching Methodology

  • Lectures and seminars
  • Moot court
  • Reading and movies
  • Field trip

Weekly Schedule

  • Live lectures at THUAS on Fridays from 12:15 to 14:30 in Ov.4.47
  • Reading, homework, and group work (some seminars require preparation)
  • Guest lectures announced during the course
  • Field trip on November 22nd

Assessment

  • IHL/ICL accounts for 33% of the overall grade
  • Exam = 70% (1.5 hours)
  • Moot Court = 30% (separate module book on Blackboard)
  • Homework and group work assignments are mandatory for course completion

Moot Court

  • ICC proceedings (4 teams): OTP, 2x Defense, Victims Counsel
  • Moot court case available before the Fall Break
  • Written pleadings (70%)
  • Oral arguments (30%)
  • Best moot court team (written and/or oral) earns a prize

Field Trip

  • Scheduled for November 22nd
  • Location details likely to be provided

Literature

  • No single textbook; various articles, policy papers, videos, and other publications
  • Mandatory and recommended reading is contained in the module book
  • Additional materials are available via BrightSpace

Additional Topics (Based on Subsequent Pages)

  • War crimes investigations and conflicts (contemporary examples provided)
  • ICC convictions and implications (in Mali and other contexts)
  • The history and evolution of IHL (including Solferino, the Hague Conventions, WWI/WWII, and the Geneva Conventions)
  • Core principles, rules, and applications of IHL (with detailed examples)
  • Enforcement mechanisms of IHL
  • Role and function of the International Committee of the Red Cross (ICRC) and its partners
  • Distinctions between IHL, ICL, and human rights law
  • Explanation of the concepts of IHL and ICL, including specific courts, tribunals and instruments

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Explore the foundational concepts and criticisms of International Criminal Law through this quiz. Understand key elements such as the significance of the ICC and alternative accountability mechanisms. Test your knowledge of the historical tribunals and their impact on global justice.

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