9) The ICC and International Criminal Law

Question 1

Question: What is the main focus of International Criminal Law (ICL)? (Hint: Think about individual accountability and international norms.)

Answer 1

Answer: International Criminal Law focuses on holding individuals accountable for crimes under international law, such as genocide, crimes against humanity, war crimes, and aggression. Its primary aim is to transcend national legal systems by addressing crimes that affect the international community as a whole.

Connection: Article 25 of the Rome Statute emphasizes individual criminal responsibility, stating, “A person shall be individually responsible and liable for punishment for a crime within the jurisdiction of the Court.”

Question 2

Question: What are the sources of International Criminal Law, and what role does customary law play? (Hint: Look at treaties and practices.)

Answer 2

Answer:
The sources of ICL include treaties (e.g., the Rome Statute), customary international law, and principles derived from judicial decisions.

Customary law plays a crucial role, as seen in its codification of norms like the prohibition of genocide.

Connection:
Article 38(1)(b) of the ICJ Statute identifies “international custom, as evidence of a general practice accepted as law,” as a primary source of international law.

Question 3

Question: What is universal jurisdiction, and why is it important? (Hint: Think about grave crimes.)

Answer 3

Answer: Universal jurisdiction allows states to prosecute individuals for serious international crimes, such as genocide and torture, regardless of where the crime occurred or the nationality of the perpetrator.

This principle ensures accountability when national courts cannot act.

Connection: The principle is reflected in the Geneva Conventions, which obligate states to prosecute grave breaches of humanitarian law.

Question 4

Question: Which crimes fall under international crimes, and why these? (Hint: Think about the four “core” crimes.)

Answer 4

Answer: The core international crimes are genocide, crimes against humanity, war crimes, and aggression.

These crimes are considered because they harm the collective interests of the international community.

Connection: Article 5 of the Rome Statute defines these crimes as falling within the ICC’s jurisdiction, emphasizing their gravity and international relevance.

Question 5

Question: What distinguishes genocide from other international crimes? (Hint: Think about intent.)

Answer 5

Answer: Genocide requires specific intent to destroy, in whole or in part, a national, ethnic, racial, or religious group.

Connection: Article II of the Genocide Convention defines genocide as acts committed “with intent to destroy, in whole or in part, a national, ethnical, racial or religious group.”

Question 6

Question: What is unique about crimes against humanity? (Hint: Look at scale and nature.)

Answer 6

Answer: Crimes against humanity involve widespread or systematic attacks against civilians, irrespective of conflict.

Connection: Article 7(1) of the Rome Statute lists acts like murder, enslavement, and torture as crimes against humanity.

Question 7

Question: What distinguishes war crimes? (Hint: Think about armed conflict.)

Answer 7

Answer: War crimes are serious violations of the laws and customs of war during armed conflict, such as targeting civilians.

Connection: Article 8 of the Rome Statute defines war crimes, including “intentionally directing attacks against the civilian population.”

Question 8

Question: What makes aggression unique among international crimes? (Hint: Think about state behavior.)

Answer 8

Answer: Aggression involves the use of armed force by one state against another, violating sovereignty and the UN Charter.

Connection: Article 8 bis of the Rome Statute defines aggression as “the planning, preparation, initiation or execution” of acts violating the UN Charter.

Question 9

Question: Does the ICC have universal jurisdiction? Should it? (Hint: Think about its treaty basis.)

Answer 9

Answer: The ICC does not have universal jurisdiction; its authority is limited to state parties or situations referred by the Security Council.

Expanding jurisdiction could ensure broader accountability but might face political resistance.

Connection: Article 12 of the Rome Statute outlines the ICC’s jurisdictional limits, emphasizing state consent or Security Council referral.

Question 10

Question: Which actors can initiate a case before the ICC? (Hint: Think about states and international bodies.)

Answer 10

Answer: Cases can be initiated by state parties, the ICC Prosecutor (with Pre-Trial Chamber approval), or the UN Security Council.

Connection: Article 13 of the Rome Statute allows the Court to exercise jurisdiction based on referrals from states, the Prosecutor, or the Security Council.

Question 11

Question: What is the relationship between the ICC and the UN Security Council? (Hint: Think about referrals and deferrals.)

Answer 11

Answer: The Security Council can refer situations to the ICC or defer investigations under Article 16 of the Rome Statute. This relationship can strengthen accountability but risks political influence.

Connection: Article 16 of the Rome Statute states, “No investigation or prosecution may be commenced or proceeded with for a period of 12 months after a request by the Security Council.”

Question 12

Question: What are the challenges associated with the crime of aggression? (Hint: Think about state sovereignty.)

Answer 12

Answer: Defining and prosecuting aggression is complex due to its overlap with state sovereignty and the requirement for Security Council determination.

Connection: Article 8 bis of the Rome Statute defines aggression and requires Security Council determination under the UN Charter.