International Criminal Law Flashcards
What are the main sources of international criminal law?
Customary international law
Treaty law (Geneva Conventions, ICTY/ICTR statutes, Rome Statute of the ICC)
Case law from international tribunals and the ICC
What is the difference between IHRL and international criminal law?
IHRL: Holds states civilly accountable for human rights violations, often leading to compensation as a remedy.
International criminal law: Focuses on holding individuals criminally responsible for international crimes, with the goal of punishment and imprisonment.
What are the core international crimes defined in the Rome Statute of the ICC?
Genocide
Crimes against humanity
War crimes
Crime of aggression
What is the principle of complementarity in the ICC’s jurisdiction?
The ICC acts as a court of last resort, only intervening when national courts are unable or unwilling to investigate and prosecute international crimes.
How can a case be referred to the ICC?
Cases can be referred to the ICC by:
- State parties to the Rome Statute.
- The Prosecutor acting proprio motu (on their own initiative).
- The UN Security Council.
What were some key developments in the history of international criminal law?
International Military Tribunals (Nuremberg and Tokyo): established after WWII to prosecute crimes against peace, war crimes, and crimes against humanity.
Ad Hoc Tribunals (ICTY and ICTR): created to address specific conflicts.
International Criminal Court (ICC): the first permanent international criminal court, established in 2003. Note: the ICC is not a UN body, though it has an agreement with the UN.
