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.