9) The ICC and International Criminal Law Flashcards
Question: What is International Criminal Law (ICL), and what does it aim to address?
(Hint: Focus on accountability for grave crimes.)
Answer:
ICL is a branch of international law that holds individuals accountable for the most severe violations of international norms, including genocide, war crimes, crimes against humanity, and the crime of aggression. Its goal is to combat impunity, provide justice for victims, and uphold global peace and security. Codified in treaties like the Rome Statute, ICL governs the work of tribunals like the International Criminal Court (ICC).
Connection: ICL bridges the gap between state sovereignty and individual accountability, addressing crimes that threaten humanity as a whole.
Question: What is the definition of genocide under the Rome Statute?
(Hint: Focus on intent and targeted groups.)
Answer:
Genocide (Article 6) involves acts intended to destroy, in whole or in part, a national, ethnic, racial, or religious group. Acts include killing, serious harm, creating destructive conditions of life, preventing births, or forcibly transferring children.
Connection: Recognized as the “crime of crimes,” genocide represents a direct attack on the survival of entire populations, necessitating international accountability.
Question: What distinguishes crimes against humanity from war crimes?
(Hint: Think about systematic attacks and armed conflict.)
Answer:
Crimes against humanity (Article 7) involve widespread or systematic attacks against civilians and do not require a link to armed conflict. Includes acts such as murder, enslavement, torture, sexual violence, apartheid, and forced disappearances.
Connection: This distinction ensures that atrocities committed outside armed conflict are not exempt from prosecution.
Question: What constitutes a war crime under the Rome Statute?
(Hint: Grave breaches and targeting civilians.)
Answer:
War crimes (Article 8) include grave breaches of the Geneva Conventions, such as targeting civilians, unlawful detention, and using prohibited weapons during armed conflict.
Connection: These provisions protect civilians and combatants in armed conflicts, reinforcing humanitarian law principles.
Question: What is the crime of aggression as defined in the Rome Statute?
(Hint: State actions and use of force.)
Answer:
The crime of aggression (Article 8 bis) criminalizes acts of military invasion, occupation, or annexation that violate the UN Charter.
Connection: It addresses state-level aggression to maintain international peace and security by holding leaders accountable.
Question: What is the principle of complementarity under the Rome Statute?
(Hint: ICC vs. national courts.)
Answer:
Complementarity (Article 17) ensures the ICC acts only when national courts are unwilling or unable to prosecute crimes.
Connection: This principle balances state sovereignty with international accountability, making the ICC a last resort rather than a replacement for domestic justice systems.
Question: How does the ICC Prosecutor initiate investigations?
(Hint: Proprio motu powers.)
Answer:
The Prosecutor can initiate investigations proprio motu (on their initiative) but requires judicial authorization to proceed (Article 15).
Connection: This independence strengthens the ICC’s role as an impartial body in prosecuting international crimes.
Question: How can the UN Security Council refer situations to the ICC?
(Hint: Chapter VII of the UN Charter.)
Answer:
Under Article 13(b) of the Rome Statute, the Security Council can refer cases to the ICC if they pose a threat to peace and security, as per Chapter VII of the UN Charter.
Connection: This mechanism extends the ICC’s jurisdiction beyond state parties, emphasizing the link between accountability and global peace.
What does Article 27 of the Rome Statute state about immunity?
(Hint: Heads of state and officials.)
Answer:
Article 27 eliminates immunity for heads of state and officials, ensuring they are held accountable for international crimes.
Connection: This provision challenges traditional notions of sovereignty to reinforce the principle that no one is above the law.
How do non-member states affect the ICC’s jurisdiction?
(Hint: Major powers and jurisdiction gaps.)
Answer:
Non-member states, such as the US, Russia, and China, limit the ICC’s jurisdiction, creating enforcement gaps and reducing its global reach.
Connection: Without participation from major powers, the ICC’s effectiveness in achieving universal accountability remains constrained.
Why is the ICC criticized for selective prosecutions?
(Hint: Regional focus.)
Answer:
The ICC has disproportionately focused on African states, raising concerns about bias and undermining its legitimacy.
Connection: Addressing selective enforcement is essential to maintaining the ICC’s credibility as an impartial judicial institution.
How do Security Council vetoes impact ICC referrals?
(Hint: P5 powers.)
Answer:
The veto powers of the P5 (e.g., in cases like Syria) often politicize referrals and deferrals, undermining the ICC's independence and effectiveness.
Connection: This dynamic reflects the tension between international justice and geopolitical interests.
How do resource limitations hinder the ICC’s effectiveness?
(Hint: Funding and state cooperation.)
Answer:
Limited funding and reliance on voluntary cooperation restrict the ICC’s ability to investigate crimes and enforce judgments.
Connection: Resource constraints highlight the need for greater international support to strengthen the ICC.
What is the significance of the proposed treaty on crimes against humanity?
(Hint: Reinforcing accountability.)
Answer:
A standalone treaty clarifies state obligations and strengthens international accountability for crimes against humanity.
Connection: It complements the Rome Statute by filling gaps in the existing international legal framework.
Why is ecocide being considered as an international crime?
(Hint: Environmental destruction.)
Answer:
Ecocide criminalizes severe environmental destruction, reflecting the growing recognition of environmental harm as a threat to global security.
Connection: Incorporating ecocide into international law would address the intersection of environmental protection and human security.
