International Criminal Law

Definition and Scope

• International criminal law refers to the body of law that deals with the prosecution of individuals for international crimes, such as genocide, war crimes, and crimes against humanity.
• It is a branch of public international law that focuses on the criminal responsibility of individuals for violations of international law.

Sources of International Criminal Law

• Treaties and conventions, such as the Geneva Conventions and the Rome Statute
• Customary international law, which is based on the practice and opinions of states
• General principles of law, which are derived from national laws and international instruments

Core Crimes

• Genocide: the intentional destruction of a national, ethnical, racial, or religious group
• War Crimes: serious violations of the laws and customs of war, such as torture, murder, and pillage
• Crimes Against Humanity: widespread or systematic attacks on a civilian population, including murder, torture, and persecution
• Aggression: the use of force by one state against another state in violation of the UN Charter

International Criminal Courts and Tribunals

• International Criminal Court (ICC): a permanent international court that prosecutes individuals for international crimes
• Ad Hoc Tribunals: temporary courts established to prosecute specific conflicts, such as the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR)
• Hybrid Tribunals: courts that combine international and national elements, such as the Extraordinary Chambers in the Courts of Cambodia (ECCC)

Principles of International Criminal Law

• Nullum Crimen Sine Lege: no crime can be punished without a prior law that defines the crime
• Non-Retroactivity: laws cannot be applied retroactively to punish crimes that were not criminal at the time they were committed
• Individual Criminal Responsibility: individuals are responsible for their own actions, rather than states or organizations
• Command Responsibility: military commanders and leaders can be held responsible for crimes committed by their subordinates

Challenges and Controversies

• Jurisdictional Issues: debates over the jurisdiction of international criminal courts and the limits of their authority
• State Cooperation: issues related to the cooperation of states with international criminal courts, including the surrender of suspects and the provision of evidence
• Immunity: debates over the immunity of heads of state and government officials from prosecution for international crimes

Definition and Scope

• International criminal law deals with the prosecution of individuals for international crimes, such as genocide, war crimes, and crimes against humanity.
• It is a branch of public international law that focuses on the criminal responsibility of individuals for violations of international law.

Sources of International Criminal Law

• Treaties and conventions, such as the Geneva Conventions and the Rome Statute, serve as sources of international criminal law.
• Customary international law, based on the practice and opinions of states, is another source.
• General principles of law, derived from national laws and international instruments, are also a source.

Core Crimes

• Genocide is the intentional destruction of a national, ethnical, racial, or religious group.
• War Crimes are serious violations of the laws and customs of war, including torture, murder, and pillage.
• Crimes Against Humanity are widespread or systematic attacks on a civilian population, including murder, torture, and persecution.
• Aggression is the use of force by one state against another state in violation of the UN Charter.

International Criminal Courts and Tribunals

• The International Criminal Court (ICC) is a permanent international court that prosecutes individuals for international crimes.
• Ad Hoc Tribunals, such as the ICTY and ICTR, are temporary courts established to prosecute specific conflicts.
• Hybrid Tribunals, like the ECCC, combine international and national elements.

Principles of International Criminal Law

• Nullum Crimen Sine Lege means no crime can be punished without a prior law that defines the crime.
• Non-Retroactivity means laws cannot be applied retroactively to punish crimes that were not criminal at the time they were committed.
• Individual Criminal Responsibility holds individuals responsible for their own actions.
• Command Responsibility holds military commanders and leaders responsible for crimes committed by their subordinates.

Challenges and Controversies

• Jurisdictional Issues involve debates over the jurisdiction of international criminal courts and the limits of their authority.
• State Cooperation issues arise from the cooperation of states with international criminal courts, including the surrender of suspects and the provision of evidence.
• Immunity controversies involve debates over the immunity of heads of state and government officials from prosecution for international crimes.

Explore the scope and sources of international criminal law, including treaties, conventions, and customary international law. Learn about the prosecution of individuals for genocide, war crimes, and crimes against humanity.