ICL Flashcards
5 Ad-Hoc International Courts
- ICTY (International Criminal Tribunal for the former Yugoslavia)
- ICTR (International Criminal Tribunal for Rwanda
- Special court for Sierra Leone
- Extraordinary chambers for the courts of Cambodia
- Special Tribunal for Lebanon
ICC
First and only permanent international criminal court. Independent of UN.
ICC Jurisdiction
After July 1, 2002. War Crimes, Genocide, Crimes against Humanity (only if home country won’t prosecute)
How many general assembly countries?
193
How many interpol countries?
190
Extradition Treaty w/ US countries?
122
Members of the ICC?
121 (US is not)
ICJ
Established in 1945. More like international ADR. Settle disputes between states. Issue advisory opinions.
How many Federal Prosecutors (and what categories?)
9500 (DOJ Trial attys, Assistant US atty, US atty) Atty General is boss
How many federal districts?
94
Federal Felony Conviction results in…
Loss of right to vote, right to bear arms, right to serve on a jury and run for president
Is there early release or parole in Federal?
No
Trying cases where you aren’t certified in that state
Prohoc vice motion: appear ask to represent x for x case.
Some districts require local counsel
(east virginia will not waive)
Process for determining x-jur
Look to statute->look to in. law
Five Principles of Extrateritoriality
- nationality (accused cit)
- passive personality (victim cit)
- territoriality (Occuring)
a. special maritime
b. objective - universality
- protective
Who does sentencing in Federal court?
Judge
Do federal drug conspiracies require an overt act?
No. Overt act can be a substantive offence itself
Objective Territorial Principle (Also known as Effects Principle)
Is there an effect intended or realized in the US
Nationality Principle
Is the accused a national of the US
Passive Personality Principle
Is the victim a national of the US
Protective Principle
Does the specific act harm national security or it’s actions
Universality Principle
heinous crime committed (ICC)
Does the US like Universal Jd?
No. It’s not codified and the political figures don’t want to fight a charge outside the US
Nulle Crimen sin lege
Cannot charge without a statute
Who does MEJA apply to?
Civilian employees of DOD
What do status of force agreements do?
allow for the processes of determining who can prosecute a member of the armed forces
Does the 4th amendment aply to aliens abroad later tried in US?
No
What rights do you get in deportation hearings?
Legal rights of constitution if arrested on legal american territory
General Rule on 4th amendment abroad (if US is involved)
US citizens get it
Do you need a warrant stateside for an action abroad?
No. But you must follow laws of foreign country.
Does the 4th amdmt apply at international airports?
No. You are not in US.
Can coast guard board and search?
Yes, and if they get prob. cause, they can do an extensive search.
Are warrants req. for gathering for. int.?
No.
Does the 5th extend to foreign jx?
No
Letters Rogatory
Formal and Informal
*Defense must show that the evidence is favorable and material.
MLATS
Mutual Legal Assistance Treaties: provide for taking of evidence and statements abroad; assists in availablity of witnesses, judicial processes, seeing objects and sights
Grand Jury subpoenas or Depos
Subpoena: If US national does not comply =contempt
Three types of charging documents
Indictment
Criminal Complaint
Criminal information
