International Criminal Law

Question 1

Where does the jurisdiction of the ICC lie

Answer 1

-Individuals
-Most serious crimes of intl. concern
(Art.1 Rome statute)
+
Crimes of feno. CAH, war cri. , Crime of aggression
(Art. 5(1) RS)

Question 2

What are the elements of genocide

Answer 2

-Art. 6 Rome Statute
-Actus reus
-Special intent (Dolus specialis)

Question 3

What are the elements of crimes against humanity

Answer 3

-Actus reus: widespread attak against ANY civl. pop.
- various
-widespread/systematic–> gravity
-not just operation misfire
-No target of spec. group, but spec. 2 civil. pop.

Question 4

Explain what the elements of a war crimes are

Answer 4

-Art. 8 Rome Statute
-Actus reus: Grave breaches GCs and Additional Protocol I
-Violats. of laws and customs applic. in NIAC (Can apply to NIAC)
-Art. 8(2)(e)

Question 5

Explain the elements of the crime of aggression

Answer 5

-Art. 8(bis)
-planning, preparation, initiation,

Question 6

Explain what catalyses the ICC to begin proceedings

Answer 6

-Triggering Mechanisms
Art. 13
(a) reference by state party
(b) reference by secu. council
c. investigation by prosecutor themself

Question 7

What are the conditions of the crime which must be fulfilled for the ICC to have jurisdiction

Answer 7

-Art. 12,13(a), 13(b) 13(c)- Rome Statute
-crime on territory. of MS: ts is sp
-accused is nat. of state party
-SC referral
-Ratione Temporis
-Art 11(1 + 2), Art. 12 (3)
-jurisidiction only for crimes com. before entery in 2 force of statute
-crimes commited after sp
-UNLESS already made decl. before sp (12(3)
-E.g: case of Palestine

Question 8

What are the conditions of the proceedings which must be fulfilled in order for the ICC to have jurisdiction

Answer 8

-Complementarity principle
-National jurisdiction prioritised unless [unwilling and unable]
- (Art. 1 and 17 of the Rome State)

Question 9

What are the requirements for the Accused in ICC

Answer 9

-NO MINERS (Art. 26 RS)
-No legal persons, only natural (Art. 25(1) ,25 (4))
-

Question 10

TRUE or FALSE: if you merely ordered the crime you cannot be held responsibile for it under ICL

Answer 10

-NOPE
-Art. 25(2)(a)(b)(c)(d) RS

Question 11

TRUE or FALSE: If you’re a part of the state’s troika you cannot be tried for crimes under the ICC

Answer 11

-FALSE
-GEEN IMMUNITY RESTR.
-Art. 27(2) Rome Statue

Question 12

TREU or FALSE: If command responsibility is established no individual responsibility

Answer 12

-FALSE
-Art. 33 RS/ superior orders and prescription of law
-superior orders not enough 2 justify
-developed principle in Nuremburg Trial

Question 13

TRUE or FALSE: no invocation of immunities is CIL

Answer 13

-State practice
-ICC only tribunal which x immunities
-lacking in opinio iuris and sp

Question 14

What are the limitations on immunity before the ICC

Answer 14

-Cannot compell state 2 disreg. rules of intl law under other regimes (e.g:diplomatic immunities)
-3rd party state has to waive
-Art.98(1) RS

Question 15

What did the Al Bashir case conclude about immunities

Answer 15

–> ICC argument: referrel by security council
–> binding upon sudan to waive
–> VCLT–> cannot create obligations for those who don’t ask for it
- potential for CIL?
-sp 4 arrests not that widespread
-Clash between vertical immunities and horizontal immunities