IPL Flashcards
What is the difference between substantive and procedural criminal law?
Substantive law defines offenses and penalties, while procedural law regulates how crimes are investigated and prosecuted.
What are the fundamental values that inform criminal procedure?
Human dignity, truth (integrity and rigor), and fairness.
What is human dignity in criminal justice?
Ensuring that officials respect the rights of the accused and victims.
How does truth play a role in criminal procedure?
Criminal procedure must aim for accurate outcomes while ensuring fairness.
What is the importance of fairness in criminal law?
Preventing discrimination and ensuring equal treatment under the law.
What are the two main legal traditions in criminal procedure?
Civil law (inquisitorial) and common law (adversarial).
What is the inquisitorial system?
A judge-led system focused on uncovering the truth, common in civil law countries.
What is the adversarial system?
A system where prosecution and defense present cases to a neutral judge or jury, common in common law countries.
What are mixed procedural systems?
Legal systems incorporating elements from both adversarial and inquisitorial traditions.
What is universal jurisdiction?
The ability of a state to prosecute serious crimes regardless of where they occurred.
What was the significance of the Nuremberg Trials?
Established principles of international criminal law, including individual responsibility.
What was the Tokyo Tribunal?
A military tribunal established after WWII to prosecute Japanese war criminals.
What is Control Council Law No. 10?
Legal basis for prosecuting Nazi criminals in occupied Germany post-WWII.
What role did the UN play in developing international criminal law?
Established ad hoc tribunals (ICTY, ICTR) and the ICC.
What is the Rome Statute?
The treaty that created the International Criminal Court (ICC).
What are the main phases of an ICC trial?
Investigation, pre-trial, trial, appeal, and sentencing.
What is complementarity in the ICC?
The ICC only intervenes if national courts fail to prosecute crimes.
Who can refer cases to the ICC?
State parties, the UN Security Council, and the ICC Prosecutor.
What are the rights of the accused in international criminal trials?
Right to counsel, presumption of innocence, right to remain silent.
What is the burden of proof in international criminal cases?
The prosecution must prove guilt beyond a reasonable doubt.
What is command responsibility?
Leaders can be held accountable for crimes committed by subordinates under their control.
What is the superior orders defense?
A defense arguing that the accused was following orders, only valid if the order was not manifestly unlawful.
What are the grounds for excluding criminal responsibility?
Mental disease, intoxication, duress, necessity, self-defense.
What is joint criminal enterprise (JCE)?
A mode of liability where multiple individuals share a common criminal plan.
What is the difference between war crimes and crimes against humanity?
War crimes require an armed conflict, while crimes against humanity can occur in peacetime.
What are the rules of evidence in international criminal law?
Admissibility is based on relevance, reliability, and probative value.
What is hearsay evidence, and is it allowed in international tribunals?
Secondhand testimony; often allowed if deemed reliable.
What is the role of witness protection in international trials?
Ensures safety and prevents intimidation of witnesses.
What is the significance of forensic evidence in war crimes trials?
Helps establish guilt through scientific analysis of crime scenes.
Why is transparency important in international trials?
Prevents bias and ensures credibility.
What is the role of the investigating magistrate in the inquisitorial system?
Conducts pre-trial investigations and gathers evidence.
What is plea bargaining, and is it used in international law?
Negotiating a guilty plea for a lesser sentence; rarely used in international trials.
What is pre-trial detention, and when is it justified?
Holding a suspect before trial; justified if there is flight risk or risk of evidence tampering.
What are the rights of victims in international trials?
Participation in proceedings, reparations, and protection.
What is the role of amicus curiae in international criminal law?
Independent legal experts providing opinions on cases.
What are the grounds for appealing an ICC verdict?
Legal errors, procedural violations, or new evidence.
What is the role of the Appeals Chamber in the ICC?
Reviews trial decisions and ensures fairness.
Where do ICC convicts serve their sentences?
In prisons of state parties that have agreements with the ICC.
What is the principle of ne bis in idem?
No person can be tried twice for the same crime.
What is extradition in international criminal law?
The transfer of a suspect from one country to another for trial.
What are the challenges of enforcing international criminal law?
Lack of cooperation, political influence, and funding issues.
Why do some countries refuse to recognize the ICC?
Concerns over sovereignty and potential bias.
What is the role of hybrid tribunals?
Courts that mix international and national law to prosecute crimes.
Can international criminal law address cyber crimes?
Not yet, but discussions are ongoing.
What is the proposed crime of ecocide?
A movement to criminalize severe environmental destruction.
How do common law and civil law systems differ in evidence rules?
Common law relies on cross-examination; civil law uses judge-led investigations.
What is the main difference in trial structure between inquisitorial and adversarial systems?
Inquisitorial: judge-led investigation. Adversarial: party-led prosecution and defense.
What role do juries play in common law systems?
They determine guilt based on presented evidence.
How does mandatory prosecution work in civil law systems?
Prosecutors must pursue all cases with sufficient evidence.
What are the advantages of a mixed criminal procedure system?
Combines elements from both adversarial and inquisitorial systems to ensure fairness.
