Podcast
Questions and Answers
Which resolution established the International Criminal Tribunal for Rwanda (ICTR)?
Which resolution established the International Criminal Tribunal for Rwanda (ICTR)?
- Resolution 1000
- Resolution 800
- Resolution 955 (correct)
- Resolution 827
What was the primary legal basis for the establishment of the ICTR?
What was the primary legal basis for the establishment of the ICTR?
- Chapter VI of the United Nations Charter
- Rome Statute
- Chapter VII of the United Nations Charter (correct)
- International Humanitarian Law
In which location was the ICTY based?
In which location was the ICTY based?
- Nairobi
- The Hague (correct)
- Arusha
- New York
Which tribunal is known for the first conviction for genocide in history?
Which tribunal is known for the first conviction for genocide in history?
What distinguishes the ICTY and ICTR from historical military tribunals like Nuremberg?
What distinguishes the ICTY and ICTR from historical military tribunals like Nuremberg?
What is a key characteristic of Internationalised Domestic Tribunals?
What is a key characteristic of Internationalised Domestic Tribunals?
Which of the following describes a mechanism of Transitional Justice?
Which of the following describes a mechanism of Transitional Justice?
How many individuals were indicted by the ICTR?
How many individuals were indicted by the ICTR?
What is the principle that prohibits punishing a person twice for the same crime?
What is the principle that prohibits punishing a person twice for the same crime?
What does the territorial principle of jurisdiction entail?
What does the territorial principle of jurisdiction entail?
Which principle grants jurisdiction based on the nationality of the offender?
Which principle grants jurisdiction based on the nationality of the offender?
What is a risk associated with transnational crimes that can lead to unfair advantages for the offender?
What is a risk associated with transnational crimes that can lead to unfair advantages for the offender?
What principle allows states to exercise jurisdiction over specific offenses regardless of where they occur?
What principle allows states to exercise jurisdiction over specific offenses regardless of where they occur?
What sub-principle under the protective principle involves state jurisdiction based on the victim's nationality?
What sub-principle under the protective principle involves state jurisdiction based on the victim's nationality?
What is a key consideration in establishing a meaningful link to a country for jurisdiction purposes?
What is a key consideration in establishing a meaningful link to a country for jurisdiction purposes?
Which of the following is NOT considered a principle of jurisdiction?
Which of the following is NOT considered a principle of jurisdiction?
What was the primary aim of the Nuremberg Trials that began on 20 November 1945?
What was the primary aim of the Nuremberg Trials that began on 20 November 1945?
Which of the following roles did the four Allied countries play in the Nuremberg Trials?
Which of the following roles did the four Allied countries play in the Nuremberg Trials?
What kind of sentences were imposed during the Nuremberg Trials?
What kind of sentences were imposed during the Nuremberg Trials?
What controversial issue was raised regarding the legality of the trials?
What controversial issue was raised regarding the legality of the trials?
What does Radbruch’s formula imply regarding unjust laws?
What does Radbruch’s formula imply regarding unjust laws?
What principle was established concerning individual criminal responsibility during the Nuremberg Trials?
What principle was established concerning individual criminal responsibility during the Nuremberg Trials?
What key achievement arose from the Nuremberg Trials?
What key achievement arose from the Nuremberg Trials?
Which of the following statements best reflects the international response to the prosecution at the Nuremberg Trials?
Which of the following statements best reflects the international response to the prosecution at the Nuremberg Trials?
What is the main purpose of the Statute of the International Criminal Court?
What is the main purpose of the Statute of the International Criminal Court?
Which of the following sentences best describes the composition of the International Criminal Court judges?
Which of the following sentences best describes the composition of the International Criminal Court judges?
What is the jurisdictional limitation regarding the types of crimes handled by the International Criminal Court?
What is the jurisdictional limitation regarding the types of crimes handled by the International Criminal Court?
What is required for the International Criminal Court to have jurisdiction over a crime?
What is required for the International Criminal Court to have jurisdiction over a crime?
What does the term 'non-retroactivity' in the context of the ICC imply?
What does the term 'non-retroactivity' in the context of the ICC imply?
Which of the following statements accurately reflects the membership of the ICC?
Which of the following statements accurately reflects the membership of the ICC?
How long is the term for judges of the International Criminal Court?
How long is the term for judges of the International Criminal Court?
Which principle is enshrined in Article 22 of the ICC Statute regarding criminal responsibility?
Which principle is enshrined in Article 22 of the ICC Statute regarding criminal responsibility?
What is the primary action a State Party can take regarding crimes within the jurisdiction of the Court?
What is the primary action a State Party can take regarding crimes within the jurisdiction of the Court?
Which article allows the Prosecutor to initiate investigations on their own initiative?
Which article allows the Prosecutor to initiate investigations on their own initiative?
What must a State Party provide when referring a situation to the Prosecutor?
What must a State Party provide when referring a situation to the Prosecutor?
What does the Prosecutor analyze before deciding to initiate an investigation?
What does the Prosecutor analyze before deciding to initiate an investigation?
What may victims do in relation to the request for authorization of an investigation?
What may victims do in relation to the request for authorization of an investigation?
Under what condition will the Pre-Trial Chamber authorize the commencement of an investigation?
Under what condition will the Pre-Trial Chamber authorize the commencement of an investigation?
What can the Prosecutor seek in order to analyze the seriousness of information received?
What can the Prosecutor seek in order to analyze the seriousness of information received?
What action can be taken if the Pre-Trial Chamber does not find a reasonable basis for proceeding with an investigation?
What action can be taken if the Pre-Trial Chamber does not find a reasonable basis for proceeding with an investigation?
What can prompt the Prosecutor to reassess a case after a refusal by the Pre-Trial Chamber?
What can prompt the Prosecutor to reassess a case after a refusal by the Pre-Trial Chamber?
Under what circumstances can the ICC exercise jurisdiction on a crime referred by the UN Security Council?
Under what circumstances can the ICC exercise jurisdiction on a crime referred by the UN Security Council?
What does the principle of complementarity dictate concerning the jurisdiction of the ICC?
What does the principle of complementarity dictate concerning the jurisdiction of the ICC?
What constitutes a situation where a State may be deemed 'unwilling' to investigate or prosecute?
What constitutes a situation where a State may be deemed 'unwilling' to investigate or prosecute?
Which of the following is indicative of a State being deemed 'unable' to investigate or prosecute?
Which of the following is indicative of a State being deemed 'unable' to investigate or prosecute?
What is a primary aim of the principle of complementarity within the framework of the ICC?
What is a primary aim of the principle of complementarity within the framework of the ICC?
What may indicate that national proceedings are designed to shield an individual from criminal responsibility?
What may indicate that national proceedings are designed to shield an individual from criminal responsibility?
What defines a situation where the Prosecutor must inform those who provided information after a preliminary examination?
What defines a situation where the Prosecutor must inform those who provided information after a preliminary examination?
Flashcards
Versailles Treaty (Article 227)
Versailles Treaty (Article 227)
The attempt to prosecute Kaiser Wilhelm II for war crimes following WWI, as established by the Treaty of Versailles.
Leipzig Trials
Leipzig Trials
A series of trials held in Leipzig after WWI, which sought to try German individuals for war crimes. Unlike the Versailles Treaty, which attempted to prosecute the Kaiser, Leipzig focused on individuals.
Nuremberg Trials
Nuremberg Trials
A major international tribunal established in Nuremberg, Germany, after WWII. It tried high-ranking Nazi officials for war crimes, crimes against humanity, and crimes against peace.
Charter of the International Military Tribunal (IMT)
Charter of the International Military Tribunal (IMT)
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Crimes against humanity
Crimes against humanity
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Individual criminal responsibility
Individual criminal responsibility
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Non-retroactivity
Non-retroactivity
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Radbruch's formula
Radbruch's formula
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Territorial Principle
Territorial Principle
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Nationality Principle
Nationality Principle
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Protective Principle
Protective Principle
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Passive Personality Principle
Passive Personality Principle
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Universality Principle
Universality Principle
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Ne Bis in Idem
Ne Bis in Idem
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Forum Shopping
Forum Shopping
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Meaningful Link
Meaningful Link
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What is the ICTR?
What is the ICTR?
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Where was the ICTR located and when was it active?
Where was the ICTR located and when was it active?
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What is the legal basis for the establishment of the ICTR?
What is the legal basis for the establishment of the ICTR?
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Who was Akayesu and what was the significance of his case?
Who was Akayesu and what was the significance of his case?
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How is the ICTR similar and different from the ICTY?
How is the ICTR similar and different from the ICTY?
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What are Internationalised Domestic Tribunals?
What are Internationalised Domestic Tribunals?
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What is Transitional Justice?
What is Transitional Justice?
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What is the role of the ICTR in Transitional Justice?
What is the role of the ICTR in Transitional Justice?
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How was the ICC established?
How was the ICC established?
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What is the ICC's temporal jurisdiction?
What is the ICC's temporal jurisdiction?
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What is the ICC's territorial jurisdiction?
What is the ICC's territorial jurisdiction?
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What is the ICC's complementarity principle?
What is the ICC's complementarity principle?
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What are the four categories of crimes under ICC jurisdiction?
What are the four categories of crimes under ICC jurisdiction?
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How is the International Criminal Court structured?
How is the International Criminal Court structured?
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What is the ICC's location and role?
What is the ICC's location and role?
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State Party Referral
State Party Referral
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Prosecutor's Motu Proprio
Prosecutor's Motu Proprio
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Prosecutor's Investigation Initiation
Prosecutor's Investigation Initiation
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Prosecutor's Request to Pre-Trial Chamber
Prosecutor's Request to Pre-Trial Chamber
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Pre-Trial Chamber Authorization
Pre-Trial Chamber Authorization
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Commencement of Investigation
Commencement of Investigation
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Jurisdiction and Admissibility
Jurisdiction and Admissibility
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ICC's Information Gathering
ICC's Information Gathering
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Principle of Complementarity
Principle of Complementarity
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ICC Jurisdiction based on State's Incapacity
ICC Jurisdiction based on State's Incapacity
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ICC Jurisdiction based on State's Unwillingness
ICC Jurisdiction based on State's Unwillingness
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ICC Jurisdiction based on UNSC Referral
ICC Jurisdiction based on UNSC Referral
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Prosecutor's Repeated Investigation Request
Prosecutor's Repeated Investigation Request
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Prosecutor's Obligation to Inform
Prosecutor's Obligation to Inform
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Prosecutor's Consideration of New Evidence
Prosecutor's Consideration of New Evidence
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Study Notes
International Criminal Law (History and Fundamentals)
- International Criminal Law (ICL) is the criminal law of the international community
- ICL is a hybrid between public international law and criminal law, concerning the punishment of individuals
- ICL establishes legal provisions for individual criminal responsibility under international law
- Jurisdiction is determined by the principle of complementarity. International Criminal Tribunals and Courts, as well as National Courts (if defined by national criminal law) have jurisdiction.
International Crimes ("Core" Crimes)
- ICL addresses the "core" crimes:
- War crimes
- Crimes against humanity
- Crimes against peace (now crimes of aggression)
- Genocide (considered an "autonomous" crime)
Common Features of International Crimes
- These are universal crimes (mala in se, not mala quia prohibita) and aim to protect international legal interests (peace, security, well-being)
- International Crimes require contextual elements (e.g., widespread or systematic attack against civilians or within an armed conflict)
- Often multi-subjective
- Exceptions to ordinary criminal law rules exist (e.g., non-applicability of statute of limitations; irrelevance of official capacity)
Sources of International Criminal Court (ICC)
- Treaties and conventions (e.g., Rome Statute)
- Customary international law
- General principles of law recognized by civilized nations
- National and international judicial decisions
Principle of Legality
- A person is not criminally responsible under the ICC unless their conduct constitutes a crime within the Court's jurisdiction
- Crime definitions are strictly construed and not extended by analogy
- Ambiguous definitions are interpreted in favor of the accused
Historical Evolution
- The Versailles Treaty (1919) exemplifies attempts to prosecute individuals for war crimes
- The Nuremberg and Tokyo Military Tribunals established precedent for international criminal trials, including individual criminal responsibility for international crimes.
Nuremberg Trial
- Established the International Military Tribunal (IMT) in 1945
- Allied countries appointed judges and a prosecutor
- Prosecuted crimes against peace, war crimes, crimes against humanity
- Established precedents for individual criminal responsibility, and established that superior orders were not a defense
- Led to the creation of a significant body of international criminal law
Nuremberg Trial – Controversial Issues
- Violation of non-retroactivity (the idea that law should not apply to actions before it was enacted)
- Obedience to superior orders (the concept that following orders from superiors should not be grounds for criminal punishment, if those orders are highly unjust, causing an obvious violation of international law)
- Justice of the victors
Nuremberg and Tokyo Trial's Principles
- Established individual criminal responsibility for international crimes
- No exemptions for or mitigation of accountability for heads of state or public officials
- Acting on a superior’s order does not exclude punishment
- Right to a fair trial
Tokyo Tribunal
- Established by General Douglas MacArthur in 1946
- Operated 1946-1948
- All 28 defendants were convicted, with 7 receiving death sentences
Secondary Nuremberg Trials
- Held between 1946 and 1949 before Allied military tribunals
- Involved 177 defendants, with varying penalties
Phases of International Criminal Law
- Military Tribunals (post World War I and II)
- The age of codification (development of treaties defining international crimes)
- Ad hoc Tribunals and the International Criminal Court (after the Cold War)
Age of Codification
- Geneva Conventions (1949) and their additional protocols (1977)
- Convention on the Prevention and Punishment of the Crime of Genocide (1948)
- UN Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity (1968)
- UN International Convention on the Suppression and Punishment of the Crime of Apartheid (1973)
- Convention against torture (1984)
Ad Hoc Tribunals (ICTY and ICTR)
- Established by the UN Security Council
- ICTY: International Criminal Tribunal for the former Yugoslavia (1993-2017)
- ICTR: International Criminal Tribunal for Rwanda (1994-2015)
- Similarities with earlier tribunals, but established by the UN rather than victors
- Established precedents in identifying international crimes.
Internationalized Domestic Tribunals (Mixed Tribunals)
- Established after the 1990s
- Feature mixed composition (local and international personnel)
- Established by domestic statutes, working with bilateral agreements with the UN
Transitional Justice
- Mechanisms to deal with historical transitional periods
- ICL is a part of transitional justice mechanisms
- Punitive vs. non-punitive mechanisms (e.g. truth commissions, reparations)
International Criminal Court (ICC)
- Statute of the International Criminal Court (the Rome Statute) approved in 1998 and entered into force in 2002
- An effort at codification of international crimes and general principles including nullum crimen, nulla poena sine lege; non-retroactivity; sanctions (detention, imprisonment, fines, confiscation)
International Criminal Court(ICC) - Jurisdiction and Court
- Based in The Hague
- Permanent court with ordinary jurisdiction (crimes after the entry into force of the statute), and universal vocation
- Member states limit their sovereignty when they ratify the treaty and join the ICC system
- 123 member states
- The Court has 18 judges, each for a nine-year term.
ICC Jurisdiction (Three Requirements)
- Ratione materiae: jurisdiction is limited to the most serious crimes of international concern, including genocide, crimes against humanity, war crimes, and the crime of aggression
- Ratione temporis: jurisdiction applies to crimes committed after the statute's entry into force
- Ratione loci: crimes committed either in the territory of a state party or by a national
Principles of Jurisdiction
- Territorial principle (crimes committed within a state's territory)
- Nationality principle (crimes committed by a state's nationals)
- Protective principle (protection of the state's interests)
- Universality principle (crimes of concern to the international community)
Trigger Mechanisms(Article 13)
- Referral of a situation by a state party: a state can refer a situation with possible crimes under ICC jurisdiction to the Prosecutor
- Motu proprio: the Prosecutor can initiate an investigation on their own
- Referral by the UN Security Council: the UN Security Council can refer a situation to the Prosecutor
Principle of Complementarity
- ICC has a complementary jurisdiction. States have primary responsibility to investigate and prosecute
- ICC intervenes only if States are unwilling or unable to exercise their jurisdiction
- The State is "unwilling" if national proceedings are for shielding from responsibility, have unreasonable delays, or are not independent or impartial
- The State is "uncapable" if its judicial system has collapsed or is unable to carry out its own processes
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