Unit 3 Flashcards
International Criminal Law. International crimes of individuals.
A violation of a criminal rule is considered a crime that must receive a sanction. Each State may exercise its own jurisdiction over a crime when it has been committed in its territory, the author or the victim is a national, when prejudicing an essential State’s interest, or under the principle of universality (in exceptional cases).
Criminia juris gentium are acts violating fundamental values (Human rights) of the international legal order, therefore crimes under international customary law. Mostly committed by State organs. *Are committed by men, not by abstract entities.
Sometimes individual responsibility (committing the crime) coexists with the State’s responsibility (prevent and prosecute). The punishments first are entrusted to national jurisdictions (since are closer to the crime, are ideal, but sometimes due to political positions, aren’t enough) but can get to international criminal tribunals (fill the gap). (System of double protection).
Categories of crimes.
-Crimes against peace (crimes of aggression)
-War crimes: acts must be committed in the context of and in association with an armed conflict, and generally against persons protected under one or more of the Geneva Conventions. (Armed conflicts, whether international or non-international example Rwanda and Yugoslavia civil conflicts)
-Crimes against humanity: widespread or systematic attacks directed against a civilian population (in times of war or peace), could be in the same State as the national. Involve either large-scale violence in relation to the number of victims or its extension over a broad geographic area (widespread), or a methodical type of violence (systematic). This excludes random, accidental, or isolated acts of violence. Doesn’t need to target a specific group or intent.
-Genocide: intention to destroy a group with the commission of any acts (in times of war or peace) against it, after identifying it based on nationality, race, ethnicity, or religion.
International Criminal Court and its jurisdiction.
The ICC Statute (Rome Statute) is binding 123 States. Its jurisdiction is limited to the most serious crimes of concern to the international community as a whole, and only with respect to crimes committed after its entry into force.
May exercise its jurisdiction with respect to the 4 categories of crimes if:
a) A State member refers to the prosecutor
b) The Security Council refers to the prosecutor (even if the state where it’s committed is not a party, the SC can decide to exercise jurisdiction- Darfur/South Sudan) or,
c) The Prosecutor decides to investigate
And if:
a) The crime occurred in a territory of a State that is a party to the Statute (Mavi Marmara), or
b) the person accused of the crime is a national of the State.
-States can accept by declaration, the jurisdiction of the Court (Ukraine).
Security Council deferral: The SC can “stop” the commencement of an investigation or prosecution (Libyan Arab Jamahiriya) for 12 months after its request.
State responsibility for International Wrongful Acts
To work properly, any system must address how to enforce responsibility in case of violations.
Wrongful act= clear violation of an obligation.
Hazardous act= no clear violation (lawful activities but affecting).
A wrongful act of an individual is a crime (terrorism is not an international crime-> asses responsibility to a State).
Are codified in the Articles on Responsibility of States for International Wrongful Acts (ARSIWA). The first reading- Roberto Ago 1996 (States didn’t approve his project since he proposed a category of crimes- some more serious than others) and the second reading- James Crawford 2001.
Elements of an International Wrongful Act
Consequences of internationally wrongful acts
Responsibility of International Organizations
When can exist the possibility to use force?
Role of the Security Council
What is the International Humanitarian Law about?
Conflict classification
How does the settlement of international disputes work?
