Lesson 20 Flashcards
What is an international legal personality?
i) ability to be the holder of rights and obligations
ii) active and passive legitimacy
iii) possibility of violating international obligations
What year was the ILC Draft Articles on International Responsibility of International Organizations?
2011
ILC Draft Article 2011
on International Responsibility of International Organizations
Is there an agreed definition of international crime?
no
Does IL place criminal responsibility on the state on whose behalf of the criminal?
no
What are the two levels of international responsibility of individuals?
national and international
Four Parts of National Individual Criminal Accountability?
1) Principle of universal jurisdiction (art. 23.4 Ley Organica del Poder Judicial)
2) Principe of art dedere art iudicare
3) no statute of limitations for international crimes (imprescriptibilidad)
4) principle null Pena sine legume (principle of legality)
Three Parts of International Individual Criminal Accountability? (who do they answer to)
1) Ad hoc tribunals
2) international criminal court
3) hybrid tribunals
Three types of international crimes?
1) War crimes
2) Crimes against humanity
3) genocide
Four important legal frameworks in relation to international criminal action?
1) International Military Tribunal Statute
2) Genocide Convention, 1948 Art. VI
3) Geneva Convention 1949 - “grave breaches”
4) Rome Statute 1998
Who created Ad hoc tribunals?
the UN Security council
How long do Ad Hoc Tribunals Last?
temporary
How many judges sit on the ICC?
18
Is Palestine a member of the ICC?
Yes, 2015
Four Characteristics of the Statute of Rome?
fight against impunity, permanent character, based in the Hague, independent institution not part fo the UN
What Statute outlined the ICC?
Statue of Rome, 1998
What are the material jurisdictions of there ICC?
1) genocide
2) crimes against humanity
3) war crimes
4) crime of aggression
Who does the ICC have personal jurisdiction over?
1) individuals over 18 years-old
2) includes heads of state or of governments (no immunities)
3) superior orders not admitted as defence
Is there a statute of limitations for international crimes?
no
what does temporal jurisdiction apply to?
crimes committed after 1 July 2002
What does temporal jurisdiction mean?
The ICC can only exercise jurisdiction over crimes committed after July 1, 2002 (the date that the Rome Statute went into force). If the alleged crimes occurred prior to this date, the case cannot move forward at the ICC.
What are the three active legitimacies of the ICC?
- State Party referral
2) Security Council referral
3) Prosecutor (OTP): initiation motu proprio
What is Motu Proprio?
In law, motu proprio (Latin for “on his own impulse”) describes an official act taken without a formal request from another party. Some jurisdictions use the term sua sponte for the same concept.
What are the basis of initiation of the preliminary examination by the Prosecutor of the ICC
1) information sent by individuals or groups, States, intergovernmental or non-governmental organizations
2) a referral from a State Party or the Security Council
3) a declaration of acceptance of the jurisdiction of the Court lodged by a non-state Party
Wha are the criteria for admissibility?
1) Principle of Complementarity: existence of relevant national proceeding in relation to potential cases before the ICC
2) Gravity: assessment of the scale, nature, manner of commission of the crimes, and their impact
How long can the SC suspend an investigation by the ICC?
1 year
When was the first judgment of the ICC? which case?
2012 - Lubanga
Three Types of Cooperation needed by the ICC?
1) detention and extradition of persons investigated/accused
2) assistance during the investigation of a case
3) execution of penalties
What are hybrid international criminal tribunals?
investigate and prosecute large-scale crimes under International law committed in post-conflict and post-crisis countries.
they are often established when the countries own justice just lacks the independence, legal framework, infrastructure, or ham resources to meet fair trade standards or deal with the complexities, and political sensitives of prosecutions
