ICL Flashcards
What is International Criminal Law (ICL)?
ICL refers to the body of law that punishes individuals for crimes of concern to the international community, such as genocide, war crimes, and crimes against humanity.
What are the sources of ICL?
Treaties, customary international law, general principles of law, judicial decisions, and the teachings of highly qualified legal scholars.
What is the principle of direct individual criminal responsibility in ICL?
It holds individuals accountable for crimes under international law without requiring state involvement.
What are the two major approaches to interpreting ICL?
(1) Security, peace, and human rights-oriented approach.
(2) Criminal justice-oriented approach.
What role did the Nuremberg Trials play in ICL?
They established the principle of individual criminal responsibility for crimes against peace, war crimes, and crimes against humanity.
What are the Geneva Conventions?
A set of treaties that establish international legal standards for humanitarian treatment during war.
What was the impact of the Rome Statute on ICL?
It created the International Criminal Court (ICC) and codified core crimes such as genocide, crimes against humanity, war crimes, and the crime of aggression.
What is the difference between ad hoc tribunals and the ICC?
Ad hoc tribunals (e.g., ICTY and ICTR) were created for specific conflicts, while the ICC is a permanent court.
What are the four core crimes under ICL?
Genocide, crimes against humanity, war crimes, and the crime of aggression.
Define genocide under the ICC Statute.
Acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group.
What is a crime against humanity?
A widespread or systematic attack directed against a civilian population, including acts like murder, enslavement, torture, and persecution.
What distinguishes war crimes from crimes against humanity?
War crimes occur in the context of an armed conflict, while crimes against humanity can occur in peacetime.
What is the crime of aggression?
The use of armed force by a state against another state in violation of the UN Charter.
What are the types of jurisdiction in ICL?
Territorial, nationality-based, universal, and ICC jurisdiction.
What is universal jurisdiction?
The principle that allows any state to prosecute serious international crimes regardless of where they occurred.
What is superior (command) responsibility?
The liability of military or civilian leaders for crimes committed by subordinates under their control.
What are the requirements for superior responsibility under Article 28 of the ICC Statute?
Effective control over subordinates, knowledge of the crimes, and failure to prevent or punish the crimes.
What is the principle of legality in ICL?
Nullum crimen sine lege – no crime without a pre-existing law.
What is the principle of culpability?
A person can only be held criminally responsible if they had the necessary intent or knowledge.
What is the principle of fair trial in ICL?
Defendants have rights such as legal representation, presumption of innocence, and protection against double jeopardy.
What are the modes of participation in ICL under Article 25 of the ICC Statute?
Direct perpetration, co-perpetration, indirect perpetration, aiding and abetting, and incitement.
What is indirect co-perpetration?
When a person commits a crime through a group or organization under their control.
What is joint criminal enterprise (JCE)?
A legal doctrine used by tribunals to convict members of a group engaged in a common criminal plan.
What are the grounds for excluding criminal responsibility under the ICC Statute?
Mental disease, intoxication, self-defense, duress, necessity, mistake of fact/law, and acting under superior orders.
Under what conditions can superior orders be used as a defense?
If the order was not manifestly unlawful and the accused did not know it was illegal.
What is the difference between necessity and duress?
Necessity involves acting to prevent greater harm, while duress involves being coerced into committing a crime under threat.
What are the main stages of an ICC trial?
Investigation, pre-trial, trial, appeal, and enforcement of sentence.
Who can refer cases to the ICC?
State parties, the UN Security Council, and the ICC Prosecutor.
What is complementarity in the ICC system?
The ICC only intervenes if national courts are unwilling or unable to prosecute crimes.
What is the role of the ICC Prosecutor?
Investigates crimes, gathers evidence, and brings cases before the ICC.
What are the rights of the accused in an ICC trial?
Right to a lawyer, right to remain silent, right to be informed of charges, and right to appeal.
What was the significance of the Lubanga case?
The first ICC conviction, establishing precedent on the use of child soldiers.
What was the significance of the Bemba case?
It clarified the scope of command responsibility under Article 28 of the ICC Statute.
What was decided in the Akayesu case?
The ICTR recognized rape as an act of genocide for the first time.
What was the outcome of the Nuremberg Trials?
Convictions of key Nazi leaders and establishment of crimes against humanity as a legal concept.
What was the ICTY’s contribution to ICL?
Expanded the definition of war crimes and clarified legal standards for crimes against humanity.
What was the ICTR’s contribution to ICL?
It prosecuted those responsible for the Rwandan Genocide and developed jurisprudence on genocide law.
What are the limitations of the ICC?
Lack of enforcement power, reliance on state cooperation, and political influences.
What is the issue with state non-cooperation with the ICC?
Some states refuse to arrest and extradite suspects.
Why is the U.S. not a party to the ICC?
Concerns over sovereignty and potential prosecution of U.S. personnel.
What is the role of the UN Security Council in ICC referrals?
It can refer cases but also block ICC investigations through veto power.
What is the biggest criticism of ICL?
It disproportionately prosecutes African leaders while powerful states evade accountability.
What is the future role of the ICC?
Expanding jurisdiction, improving enforcement, and addressing new crimes like environmental crimes.
Can the ICC prosecute cyber crimes?
Not yet, but discussions are ongoing about including cyber warfare as a crime.
What is the proposed crime of ecocide?
Criminalizing large-scale environmental destruction.
What is the significance of universal jurisdiction?
It allows any country to prosecute crimes like genocide and torture.
How does international criminal law interact with human rights law?
ICL prosecutes severe human rights violations and reinforces accountability.
What is the role of hybrid tribunals?
Courts combining international and national judges to prosecute crimes (e.g., Cambodia’s Khmer Rouge Tribunal).
What are mixed tribunals?
Tribunals with elements of both international and national law, such as the Special Court for Sierra Leone.
What is the key takeaway of ICL?
Holding individuals accountable for the gravest crimes to ensure justice and deter future violations.
