Law Notes pt 2 PDF

Why is the Act necessary -​ In ontario, female workers receive 16.1% less in wages than male workers, based on full time full year wages in 2022. Many factors affect this -​ Purpose of the act is to reduce gender discrimination in the pay of female employees What is the counter argument t...

Why is the Act necessary -​ In ontario, female workers receive 16.1% less in wages than male workers, based on full time full year wages in 2022. Many factors affect this -​ Purpose of the act is to reduce gender discrimination in the pay of female employees What is the counter argument to employment equity -​ Reverse discrimination -​ Reverse discrimination is the practice of advancing one groups interests by treating everyone else unfairly -​ For some people the treating of some groups better than others in order to rectify historical inequalities runs contrary to the principles of free enterprise and democracy -​ Those who receive preferential treatment are not usually those were originally discriminated against, and those who were responsible for past discrimination -​ The argument is that we are paying for the attitudes and behaviours of ancestors What are Indigenous Rights? -​ Rights that some indigenous peoples of Canada hold as a result of their ancestors extended use of the land. Indigenous rights vary from group to group depending on the customs, practices, and traditions that have formed part of these distinct cultures. Brief History of Canadas Indigenous people Royal proclamation of 1763 -​ Recognized aboriginal peoples as autonomous political units or natiosn and established the framework for future treaties -​ Aboriginal people were entitled to lands in their possession until or unless they have or traded them away -​ No one could purchase or settle on land recognized as aboriginal territory with the exception of the Britishj crown which served as the only agent for transferring land between aboriginal peoples and settlers -​ Belief was that aboriginal lands would, therefore, be safe from any efforts to cheat indigenous people out of their land -​ Has been called the “Magna carta of aboriginal rights” -​ Fundamental even today as ut us referenced in section 25 of the CCRF Indian act 1876 -​ Before this act, tribal bands followed their own forms of self-government and made decisions for their people -​ The Act now defined who was “Indian” and imposed major changes in the way indigenous chiefs and their councils could be elected and could operate -​ This act also “protected” indigenous lands by appointing non-indigenous agents to be responsible for executing the acts conditions  -​ This act gave the authority to make final decisions over health care, social services, and education to the federal government -​ Another section dictated that it was illegal for indigenous people to manufacture, possess, or sell liquor and that they could be arrested if found drunk. -​ Under the act, indigenous women who married non-indigenous men lost their indian status. Indigenous men who married non indigenous women kept their status and passed indian status along to their children -​ A non-indigenous women who married a status indian automatically gained her husbands status -​ Indigenous leaders were resentful of the governments administration of the Indian act -​ They struggled for involvement in constitutional discussions for input to the indian act which controlled much or their lives -​ A lobby group, the national indian brotherhood (NIB) was formed in the 1960s ti give voice to their concerns (this name was changed in 1982 to The Assembly of the First Nations (AFN. This has become a very visible and vocal organization 1960 White Paper -​ 1969 government released a white paper for discussion on the importance of individual human rights over collective rights -​ Government proposed to repeal the indian actt and amend the BNA act to end the distinction between indigenous people and other Canadians -​ Would bring indigenous people into mainstream Canada and they would lose compensation for the surrender of their ancestral lands and would no longer be a federal responsibility -​ Leaders aggressively opposed the white paper and its opposition was so intense and hostile that the government withdrew the proposal in 1971 Indigenous Land Claim -​ The settlement of land claims has become an ongoing major cause of dispute indigenous people and both levels of government -​ Land claim - formal demands made by indigenous peoples for ownership and control of lands on which they live or lived before -​ Two types of land claims can be brought before Canadian courts -​ Specific Land claims - apply to indigenous people that have signed treaties but feel the government is failing to fulfill its obligations under the indian act -​ COmprehensive kand claims - apply when indigenous groups have never signed treaties but have lost access to ancestral land and resources -​ Land claims usually include demands for full ownership of some lands, rights to harvest natural resources, full participation in resource management efforts and financial compensation for lost resources  -​ Comprehensive land claims are aimed at ensuring that indigenous groups will become economically self sufficient Indigenous rights and the Charter -​ Indigenous rights and freedoms were included in section 25 of the CCRF and in section 25 of the constitution act 1982 -​ Section 25 makes it clear that other rights in the charter must not interfere with the rights of indigenous peoples -​ Section 25 recognizes that indigenous people were Canadas first citizens and that this early occupation gives them certain rights -​ Charter protects “existing aboriginal and treaty rights” but these rights are poorly defined and understood -​ Task of defining indigenous rights has passed to Canadas supreme court, which has tried to blance those rights with those of the crown -​ Through several decisions, the court has established guidelines that can be used to determine whether an indigenous right exists in a particular case and whether the government can restrict that right under any circumstances What Is Crime -​ Crime is whatever parliament defines as a crime -​ It is supposed to represent what Canadians want -​ “Crimes are wrongful; acts that the state recognizes as deserving of control and punishment in the interests of society” -​ The law reform act of Canada states that 4 conditions must exist for an act to be considered a crime -​ Actions or behaviours that are considered immoral -​ Persons actions must cause harm to someone -​ Harm caused to person must be serious -​ Person must be punished by the criminal justice system for his or her actions Criminal Code Of Canada -​ Statute passed and amended by the Federal Parliament -​ Outlines -​ Actions considered crimes -​ How often offences are prosecuted -​ Penaltys imposed -​ Applies in every province in territory -​ Constantly amended to reflect changing societal values and concerns and emerging issues  -​ Any amendments must take the 4 conditions into consideration -​ First CCC was based on the Engish common law of crimes -​ Changes are made annually but the Code has never undergone an overhaul -​ As a result, some offences still in the code dont apply to society today Judges and Criminal Law -​ The code sets ot what offences, judges interpret them by relying on precedents -​ Judges often expand definitions of crime to cover behviour not specifically addressed in the code -​ Judges often time must extend the AMBIT OF THE OFFENCE -​ Scope of the legal legislation R v Cuerrier -​ Cuuerrier was HIV positive and was told upon multiple diagnosis to use protection every time he had sex -​ Had unprotected sex with 2 women without telling them Issue -​ What should Cuerrier be charged with -​ Is it sexual assault -​ Is it aggravated assault -​ Should judges interpret and extend the criminal law to respond to new social problems or should they wait for a parliamentary response What is the purpose of the criminal justice system -​ Retribution -​ Public denouncing and punishment of wrongful behaviour -​ Reaffirms social values and delivers justice -​ Retribution should be fair, respect the rights and liberties of the accused -​ How far does the protective principle extend in justifying a states use of criminal law power -​ Philosophers, politicians, and criminal theorists have struggled with this question for centuries and have offered the following principles of justification -​ Private harm principle - prevention of harm to individuals -​ Public harm principle - prevention of damage and impairment to public institutions -​ Offence principle - prevention of an offence to others -​ Legal paternalism - prevention of harm to the self -​ Helmets, seat belts -​ Legal moralism - prevention of immorality and punishment of sin -​ Sex work Criminal Trial Process Trial system in Canada -​ Trial procedures in Canada are based on the ADVERSAL system - two opposing sides; the crown and defence -​ There are many key players in a trial 1.​ Judge - appointed by the fed government -​ Have complete control of court room -​ May determine guilt or innocence if no jury -​ Sentence the offender 2.​ Crown - represents the state and society -​ Has the burden of proof. Onus is on the crown to prove that the accused is guilty beyond a reasonable doubt -​ Prosecutors must disclose all available evidence whether they plan to introduce it or not, even if it may weaken their case. Principle of disclosure -​ Defence - represents the accused -​ Ensures that the accused legal rights are protected and that a proper legal defence is provided -​ Plant seeds of doubt in the minds of the judge or jury so the accused can not get convicted Court Clerk -​ Read out the charge against the accused, swears in the witness, handles evidence and paperwork -​ Court recorder : recorders word for word all evidence given and all question and comments made during trial. VERY important to the appeal process Sheriff -​ A crown appointed official who acts as a part of the justice system abd carries out court orders Other court officials -​ Probation officers -​ Representatives from non profit organizations Method Of trial -​ There are 3 courts that hear criminal Trials in ontario -​ Ontario court of Justice. Court of INFERIOR JURISDICTION (judges appointed by provincial government)  -​ Ontario Superior court of justice. Court of SUPERIOR JURISDICTION (judges appointed by the federal government) Different Types of Offenses 1.​ Summary offences -​ Least serious offence -​ Used to describe an offence of the criminal code prosecuted in a manner less complex and carrying penalties less severe -​ 2 years, $5000 2.​ Hybrid Offence -​ Referred to as “dual procedure” offences as well -​ Term used to describe an offense of the criminal code prosecuted either as indictable or summary at the discretion of the Crown -​ Maximum 2 years, $5000 fine 3.​ Indictable offence -​ Most serious of the offences -​ Term used to describe serious offences under the criminal code prosecuted in a manner more complex and carrying penalties more sever than a summary conviction offence -​ Max 10 years Method Of Trial -​ The method of trial in criminal cases depends on the type of offence -​ All summary conviction offences and hybrid offences in which the crown elects to proceed summarily are tried by a judge in the OCI -​ In most cases, an accused charged with an indictable offence has the choice to be tried in the OCJ or OSCJ except if the offence is very minor or very serious -​ The least serious indictable offences like theft and fraud are within the jurisdiction of the OCJ -​ Serious offences are within the OSCJ Exclusively in the OSCJ are -​ Trial by jury -​ Accused are entitled to a preliminary hearing. A hearing held for the purpose of ensuring that sufficient evidence exists to commit the accused for trial before the OSCJ Elements Of An Offence -​ To obtain a conviction, the crown must prove beyond a reasonable doubt that EACH and EVERY element of the offence with which the accused is charged was in fact committed by the accused -​ CULPABILITY - guilt, blameworthiness  -​ It is their duty to satisfy with facts and go based on what would be believed (burden of proof) Crime = Actus Reus and Mens Rea. Both need to be proven to convict someone of a crime Actus Reus -​ Latin for guilty act -​ Physical component -​ The act or commission that has been identified by Parliament as sufficiently harmful to warrant state intervention -​ It is usually very easy to determine the Actus Reus of a crime by reading the CCC -​ To find the Actus Reus you are looking for the causing of the death of a human being -​ However sometimes its not so easy to determine -​ “Every person commits an offence who carries a weapon concealed unless the person is authorized under the Firearms act to do so -​ Is there any trouble with determining the Actus Reus of this crime? -​ What defines a weapon -​ Is having something in the trunk of your car a concealment -​ This is where its necessary for the judges to interpret the law and apply precedents Actus reus has to be committed voluntarily, must be committed by a conscious operating mind People are not held criminally responsible for actions they cannot control Mens Rea -​ This act will not make a person guilt unless the mind is also guilty -​ Latin for “guilty mind” -​ Mental component -​ Moral guilt -​ A person must be found to have had the necessary “state of mind” or mens rea for the offence before they can be found guilty -​ It is irrelevant whether or not the person knew the act was illegal. Ignorance of the law is not an excuse Objective Intent -​ What a reasonable person would have understood perceived or foreseen in a circumstance -​ Less concerned with the actual knowledge of the accused Subjective Intent -​ Accused state of mind at the time of the commission (court tries to determine what the accused was thinking at the time of offence) -​ Only actual intervention or knowledge of effects are relevant -​ Requisite intention -​ The Mens Rea that the crown is required to establish in order to convict an accused of an offence 3 types of subjective intent 1.​ Dirent Intent -​ Where a person commits intentionally a forbidden act with the knowledge of all the wrongful circumstances which the statute seeks to prohibit 2.​ Recklessness -​ Accused may not intend the consequences of their actions -​ If they understand the real risk of the consequences they will be deemed to have intent -​ Examples: Assume that you require prescription glasses to operate a car. You have misplaced your glasses, but decide to drive without them. You cause a major accident because you can't see. YOu had the necessary intent to commit a crime because you behaved recklessly 3.​ Wilful Blindness -​ Accused has suspicion of the consequences of action and fails to inquire because they do not want to know the answer, they will be deemed to have intent Example: Amanda and Kesha are walking down the street and they find people selling iphones. She notices the phones are a lot cheaper than at the store, she wonders if they might be stolen. She decides she would rather not know either way, and buys 2 for $300 Remember the accused may not intend the consequences of their actions If they understand the real risk of the consequences of their actions they will be deemed to have intent (recklessness) If the accused has suspicions of the consequences but does not want to know the answer, they will have intent wilful blindness Criminal Trial Principles -​ Certain principles underlie all criminal trials in Canada -​ These principles are intended to guarantee fairness and in particular to strike a balance between the power of the state and the civil liberties of the accused. Rule Of Law -​ In the criminal context this means that individuals can only be punished for breaches of the law -​ Requires that the law be easily discoverable by citizens, who can then choose to act or to not act according to its dictates -​ Provides all citizens are equal before the law Specific Allegation -​ People accused of a criminal offence are entitled to know exactly which CCC offence they are charged with and what specific circumstances are alleged to make up the offence Case To Meet -​ Accused people need not respond to a mere allegation of wrongdoing -​ They cannot be made to answer for their conduct until the state presents a plausible case against them -​ A case to meet- is a case for the Crown that is sufficiently strong to support a conviction -​ The requirement for presenting a case to meet has procedural implications -​ The crown presents all evidence first -​ Crown has the burden of proof -​ Crown cannot compel the accused to testify as a witness against him herself Presumption of innocence -​ State must establish guilt of accused to moral certainty before appropriate to punish -​ Crown must prove case beyond a reasonable doubt. Otherwise court but acquit -​ Crown presents evidence first, once done the defence can ask for a directed verdict of acquittal -​ A verdict acquitting the accused after the crown closes its case where there isn’t enough evidence to support a conviction Open and public trial -​ Justice may not only be done, it must also be seen to be done -​ Criminal trials must be open to the public and the media -​ Reasonable people observing should see it as fair and unbiased Independent and Impartial Adjudication -​ Judges and jury members must be impartial and have no personal interest in the outcome of a trial Most challenging investigative issues facing canadian law enforcement -​ Racial profiling  -​ A practice relying on racial stereotypes rather than reasonable suspicion to single out persons for greater security in law enforcement. Mens Rea Offences 1.​ Mens Rea Offences -​ The crown must prove Actus Reus and the direct intent beyond a reasonable doubt to convict. This category is for serious crimes that have a sentence of 10 years + 2.​ Strict Liability Offences -​ The crown must prove Actus Reus and subjective intent beyond a reasonable doubt to convict -​ Accused has an opportunity to prove DUE DILIGENCE (accused did everything possible to prevent crime from occuring 3.​ Absolute Liability Offences -​ The crown must prove Actus Reus beyond a reasonable doubt- no mens rea necessary -​ Actus Reus = Mens Rea’This category is for summary offences Parties To an offence -​ Each of the following parties will be charged with the SAME offence. Their role will only be taken into consideration upon sentencing -​ Principal Actor - the person who commits the crime -​ Aider - one who helps the principal in the commission of the crime -​ Abettor - One who encourages the principal actor during the commission of the crime -​ Conspirator - One who helps to plan the crime -​ Accessory After the fact - One who helps the principal actor escape the law Important Criminal Law Terms Ratio Decidendi - the reason for the decisions, the principle that the case establishes Intra Vires - within the powers Ultra Vires - beyond, outside of in excess powers; that which is beyond the powers authorized by law for an entity Processing Physical Evidence -​ Physical evidence collected at a crime is like the pieces of a pizzle. It is the job of the forensic scientists to put the pieces together correctly -​ They are often called on to give expert testimony in court Different Types of Forensic Scientists Pathologist - performs an autopsy to determine how and when a person died Specialists in firearms and are able to analyze bullet fragments to identify type of gun used in a crime Entomologist - insect specialist, can determine a victim's time of death by identifying the life stages of insects found on body Fingerprints - along with DNA, fingerprints are considered by many to be the best way to identify a suspect and place him or her at a crime scene -​ Never change, unique to each person -​ All patterns can be described as one of 3 types -​ Arches - forming an arch like a mountain -​ Loops - strong curves that loop around to the opposite way -​ Whorl - a spiral, circular. Prints can be found in the following ways -​ Latent fingerprint - print formed by natural oils and perspiration on the fingertip, naked to invisible eye -​ Visible impressions - result of a fingers contact with a surface where blood, dust, or grease has been previously deposited -​ Moulded fingerprint - leaves visible impression in a soft substance like clay or putty Tools -​ Tools often used in the commission of crimes are hammers, knives, screwdrivers, crowbars. These tools may have individual characteristics on their surface or edges that can be detected in crime laboratories. These marks can be either in the manufacturing of the tool or by normal wear and tear. Impressions -​ Patterns or marks found on surfaces caused by various objects -​ Have 2 characteristics 1.​ Class Characteristics -​ A tires class characteristics might be described as 12 inch, but these are shared by thousands of other vehicles 2.​ Invididual Characteristics -​ Specific and unique traits. Like the tread on a tire, specific to a ford f150 Gloves -​ Criminals who use gloves conceal their fingerprints may be in for an unpleasant surprise. Police can use glove impressions to identify a suspect in almost the same way they use fingerprints -​ To make a positive identification they compare impressions class characteristics and the individual characteristics Body Elements and DNA -​ Crimes against people usually result in the transfer of bodily fluids or other bodily elements from the suspect to the victim. Such elements include blood, semen, mucus -​ An important advantage to DNA testing is that DNA molecules are stable. If properly preserved, they can be used in an investigation decades after the crime happened DNA - deocyribonucleic acid is the building block of a persons genetic makeup. Found in every cell in the body and determines a persons physical characteristics. The pattern in every person is different -​ A forensic scientist can extra a persons DNA from a couple drops of blood, or hiar. Used in the same way to identify fingerprints -​ DNA analysis can be used to connect them to a crime or free them from it Trace elements -​ dirt, dust Blood -​ blood it’s important because it can test the percent of alcohol in blood -​ A study of the size and shape of blood can indicate a height from which they fell -​ Shape if a drop may indicate movement -​ Blood spatters in walls may indicate source and direction of a blow Gunshot Residue -​ When a gun is shot, many materials other than the bullet are expelled from the muzzle -​ These materials known as GRS include gases, unburned or partially burned, carbon particles, fragments of bullet jacket -​ These trace elements are deposited on the hands of the person shooting the gun and are detectable and identifiable Delivering Criminal Justice -​ SCC claims that delivering justice is the only thing they are obliged to do Plea Bargaining -​ A process in which the accused negotiates with the Crown, usually agreeing to plead guilty in exchange for a lesser charge and a recommendation for a lighter sentence -​ System disposes more than 80% of all criminal charges through this -​ Once accused pleads guilty a formal sentencing hearing will normally be held almost immediately. This could be the only contact the accused has with the judge Sentencing -​ Canadian sentencing commission has defined sentencing as the “judicial determination of a legal sanction to be imposed on a person found guilty” -​ In all cases, whether plea bargained or heard, sentencing hearing is held to help the judge determine a just sentence for the offender -​ Sentencing in Canada focuses on 4 things -​ Denunciation -​ Unacceptable behaviour is labelled and condemned \ -​ Deterrence -​ Specific and general offenders are prevented from committing other offences. The punishment makes us not want to do whatever they did -​ Seperation -​ Offenders are seperated from society to protect the public -​ Rehabilitation -​ Offenders are trained and treated to restore morals, physicals, mental health, so they can be released Sentencing Options -​ There are a variety of sentencing options available to judges. Wrongful convictions -​ One of the most important characteristics of Canadas criminal justice system is its concern with procedural fairness. Obtaining a conviction is important for the crown, but only if it results from procedures that respect the rights of the accused -​ After the crown presents its case, the accused is entitled to raise a defence. Two types of defences are available Negativing Defence -​ A defence that raises a reasonable doubt about whether the accused committed the actus reus of an offence or had the necessary mens rea to support a conviction -​ The following are negativing defences -​ Mistake of fact -​ Mental disorder -​ Automation -​ Intoxication 1.​ Mistake of Fact -​ Accused person who is mistaken about the facts in which an alleged offence was committed may not possess the mens rea required for a conviction  -​ (mens rea for offence of possession of property obtained by crime requires the accused knew the property was obtained by crime -​ Sexual assault 2.​ Mental Disorder -​ Criminal law works on the assumption tht society should punish people who choose to do wrong, some people may not qbe able to exercise that choice because of a mental disorder -​ An accused person who is found to be NOT criminally responsible is not simply acquitted, rather a verdict of NCR is imposed. Once happened, court turns attention to how it can best deal with NCR -​ Focus is on whether treatment is needed and whether the acquitees freedom must be restricted for public safety -​ To be tried an accused person must be able to instruct counsel, understand the proceeding and their consequences and communicate with counsel and the court 3.​ Automatism -​ Fundamental principle of criminal liability is voluntariness -​ For accused to be found guilty , actus reus must be voluntary - conscious choice of operating mind -​ The SCC defines automatism as a “state of impaired consciousness, rather than unconsciousness, which an individual though capable of actions has not voluntary control over that action” -​ Sleep walking 4.​ Intoxiciation -​ In dealing with criminal offences, society seems to have less sympathy for intoxicated people than it does for people living with mental disorders -​ Public accepts that alcohol or drugs may adversely affect an individuals behaviour, but it is not entirely prepared to excuse individuals for committing offences while intoxicated because most often it is a choice the accused made -​ Courts have come up with a complicated and controversial rule to deal with intoxication -​ Offences are divided into two categories: General intent, specific intent General Intent Offences -​ Intoxication could not be used as a defence, unconstitutional -​ Bill C 28 would amend to provide that people who engage in violent acts while are extremely intoxicated, can be found responsible if they consumed them in a wrong manner Specific Intent offences -​ Offenders intent goes beyond committing the act in question -​ Ex: break and enter with intent to commit an indictable offence. Includes general intent offence (break and enter)  -​ Defence can present evidence that the accused was too intoxicated to be able to form the specific intent offence but be convicted of the general intent offence Affirmative Defence -​ Admits the crown has established the elements of the offence but claims the accused criminal act was justified in the circumstances, or that the accused should be excused because criminal conduct was the only reasonable option -​ 2 affirmative defences -​ Self defence -​ Compulsion Self Defence -​ Provides justification for the reasonable use of force in certain situations. -​ Society excuses these people, but only if its reasonable Compulsion -​ Excuses individuals whose criminal conduct is compelled by threats and have no choice but feel they need to commit criminal offence International Law -​ International law is a valid and often effecti e tool for shaping relations among states and, to some extent. Between state governments and their peoples. However, it does not work the same way as domestic law How does international law differ from domestic law -​ International law does not exist within a formal justice system -​ Countries domestic legal system is composed of a mechanism that creates binding rules, judicial system for hearing civil lawsuits, enforcement system -​ International law has no international legislature passing laws like parliament and enforcement measures are only sometimes available -​ Nations are encouraged or persuaded to obey international law because continued acceptance by the international community and participation in its activities serve the member nations individual and community interests -​ Countries which children are required to work under bad conditions may find that countries opposed to that refuse to buy their products. -​ Much of te time, international law depends on a states voluntarily agreeing to be subject to particular states -​ Much international law is treaty based; a state must sign and ratify a treaty before it will be bound. States must choose to become members of organizations or alliances Regulating the international impact of domestic law -​ Activities in one state frequently have an impact on other states and their citizens -​ International law attempts to regulat situation in which activities in one state infringe on the sovereignty of another state, or cause damage to its territory interests or citizens Extraterritorial Legislation -​ To protect states sovereignty, international law seeks to regulate extraterritorial legislation, that is, legislation passed by a state that affects citizens in other states Controlling activities with cross border impacts -​ International law also seeks to regulate activities of a state that have an impact beyond its borders in a physical tense Treaty -​ International agreement voluntarily entered into between two or more countries -​ Participants are legally bound to uphold the rights and obligations contained in the agreement The Vienna Convention -​ An international agreement that regulates treaties among countries -​ It outlines the rules that states agreed to follow regarding how they will -​ Negotiate -​ Sign -​ Be bound by the treaty -​ Act when a treaty ceases to exist International treaties have numerous titles -​ Alliance -​ Pact -​ Covenant -​ Protocol -​ Compromise Final test - January 14th What is extradition -​ Extradition is the formal procedure that begins when one country asks another country to return somebody that has been accused of a crime in the requesting country League Of Nations -​ Peace was to be preserved by collective security. States in the league would come to the defence of any other member that was attacked  -​ Switzerland was a neutral country, home to the red cross. -​ League of nations included a council with a permanent members, Members would listen to disputes and reach a decision on what to do. -​ The league was good at dealing with minor conflicts, but bigger conflicts was an issue. Because they were unable to prevent WW2 -​ League dissolved in 1946, some of its ideals are kept by the UN June 26 1945 -​ 50 countries sign at a conference in San Francisco October 24th 1945 -​ UN officially comes into existence on October 25th 1945 The 4 Policemen -​ World peace was to be maintained by what Roosvelt called the 4 policemen. US, UK, USSR, and CHINA -​ They became the permanent members of the UN Security Council -​ USSR did not want China in there Fundamental Principles -​ Equality of states -​ Settlement of international disputes by peaceful means -​ Pledge not to interfere in matters that are essentially within domestic affairs of any state, except where they constitute a threat to international peace and security Charter of the UN -​ In modern times foundational concepts of international law have been summarized in the Charter of the UN -​ The UN charter outlines a number of basic legal principles and provides s4 distinct purposes -​ (they also dont use force for no reason) 4 purposes of the UN 1.​ Maintain international peace and security 2.​ To develop friendly relations among nations 3.​ To solve international problems 4.​ Promote respect for human rights Un is made up of 6 organs -​ General assembly -​ Policymaking -​ Security council -​ Has 15 members, they determine if there is a type of threat to international peace  -​ Economic and social council -​ Deal with issues of economic and sustainable development -​ Trusteeship council -​ Makes sure proper steps are taken to prepare trust territories for self government and independence -​ UN secretariat -​ Carries out day to day work. Each department has a responsibility -​ International court of justice -​ Judicial organ of UN -​ Located at peace palace, in Netherlands Who hears the cases -​ ICJ is composed of 15 judges. Each elected to a 9 year term. They all have to have different nationalities What does the ICJ do -​ Hears cases brought before themby UN member states. -​ Settles legal disputes submitted to it by states -​ Gives advisory opinions on legal questions referred to it by international organs and agencies If one state in a dispute fails to comply with a judgement, the other state may call on the UN security council to take measures to enforce judgement ICC -​ Established july 1st, 2002 -​ In netherlands -​ ICC is an independent national organization, and isn;t part of the UN -​ First treaty based international criminal court established with the jurisdiction to prosecute the perpetrators of the most serious crimes Crimes against humanity -​ Any kind of act of violence Crimes against race -​ Initiation for starting a war War crimes -​ Violations of the laws in war, include but not limited to murder, slave labour, killing hostages, destruction of cities Structure of the ICC  -​ Has 18 judges -​ Cant be same nationality -​ 9 yr terms 4 organs 1.​ Presidency -​ Consists of 3 judges elected by majority of the 18 judges -​ Responsible for administration of the court, with the exception of the office of the prosecutor 2.​ Chamber -​ Pre trial resolves all issues which arise before the trial phase begins -​ Trial chambers are responsible to ensure trials are fair and fulfill rights of the accused, and decides guilt or innocence Appeals chamber -​ May reverse the decisions appealed from a different trial chamber 3.​ Office of the prosecutor -​ Receive and analyze information on situations of alleged crimes within the jurisdiction of the ICC. To determine whether there is a reasonable basis to initiate and investigate t into a crime of a genocide -​ 3 divisions -​ Investigative divisions (conducts investigations) -​ Prosecution division (litigating cases before the various chambers of the court -​ Jurisdiction division (assesses information received, situations, and other things to determine if they can be dismissed 4.​ Registry -​ Helps court conduct fair trials -​ Provides support to the chambers and the office of the prosecutor When does the ICC try individuals -​ Belong to a country who has agreed to courts jurisdiction -​ If the crime is committed in a country who has accepted courts jurisdiction Jurisdiction -​ The powers to legislate -​ The power to hear cases -​ Powers of physical interference exercised by the executive such as arrest, seizure of property Criminal jurisdiction of national courts  -​ Territorial principle -​ Every state claims jurisdiction over crimes committed in its own territory -​ Subjective territorial principle -​ State where the act commenced -​ Objective territorial principle -​ State where act is completed Nationality principle -​ Active nationality principle -​ A state may prosecute its nationals for crimes committed anywhere in the world -​ Passive nationality principle -​ Try a person for crimes committed abroad affecting one of their nationals Protective principle -​ Allows states to punish acts prejudicial to its security, even when they are committed by foreigners abroad Universality Principle -​ Recognizes certain interests of the international community as being the interests of every state. Particularly the interests in preventing and punsihing big crimes. Allowing a state to prosecute foreigners abroad