Test Flashcards
Nulla poena sine lege
Must have defined penalties
Nullum crimen sine lege
No crime without law
Aut dedere aut judicare
Extradite or prosecute
Ne bis in idem
No legal action can be instituted twice for the same cause of action
In dubio pro reo
When in doubt, for the accused
Core crimes
Genocide, crimes against humanity, war crimes, aggression
Sources
Treaty law, customary law, general principles of law, judicial decisions and writings of jurists
Territoriality principle
Crime occurred on territory; part of the crime committed in the territory
Nationality principle
Nationals of state; crimes committed against nationals of state
Protective principle
Threaten state security
Universal jurisdiction
Any crime, any location, any nationality
ICTY JURISDICTION
Former socialist federal republic of Yugoslavia
4 January 1991
Natural persons
Genocide, crimes against humanity, grave breaches of the Geneva conventions, violations of the laws or customs of war
ICTR jurisdiction
Rwanda
1 January 1994-31 December 1994
Natural persons
Genocide, crimes against humanity, violations of common article 3 and AP2
ICC jurisdiction
Sierra Leone
30 November 1996
Those who bear the greatest responsibility
Crimes against humanity, war crimes (not-int), crimes under Sierra Leonean law
ECCC jurisdiction
Cambodia
17 April 1975-6 January 1979
Serious leaders of democratic Kampuchea
Genocide, crimes against humanity, grave breaches of the Geneva conventions, crimes under Cambodian law