The document discusses individual criminal liability under international law, outlining the history and jurisdiction of the International Criminal Court (ICC) which prosecutes genocide, crimes against humanity, war crimes, and the crime of aggression. It explains the ICC's jurisdiction over these international crimes and how cases can be referred to the court by states, the UN Security Council, or initiated by the prosecutor. Issues relating to the ICC's impact on state sovereignty and selectivity of prosecutions are also addressed.

1. Individual Criminal Liability in
International Law
The Rome Statute and the International
Criminal Court

2. Agenda
 Overview
– What are the history and mission of the ICC?
 Jurisdiction
– What crimes are under the jurisdiction of the
ICC?
 Exercise of Jurisdiction
– How are cases brought to the ICC, not domestic
courts?
 Issues
– Does the ICC infringe on state sovereignty?

3. International Criminal Tribunals and
the ICC
 Ad hoc courts of limited jurisdiction
− Nuremberg and Tokyo tribunals
− International Criminal Tribunal on Rwanda
− International Criminal Tribunal on the Former
Yugoslavia
− Sierra Leone, Timor-Leste, Cambodia...
 ICC
− Expansion in time: A permanent court
− Expansion in space: Not limited to regions

4. Overview of the ICC
 Entered into force July 1, 2002
 121 parties
 Court of last resort

5. Crimes

6. Crimes
Serious
Crimes

7. Crimes
Serious
Crimes
International
Crimes

8. Crimes
Serious
Crimes
Inter-
national
Crimes
Genocide

9. Crimes
Serious
Crimes
Inter-
national
Crimes Crimes
Against
Humanity

10. Crimes
Serious
Crimes
Inter-
national
Crimes
War Crimes

11. Crimes
Serious
Crimes
Inter-
national
Crimes
Crimes of Aggression

12. Crimes
Serious
Crimes
Inter-
national
The Crimes Crimes
Crime of Against
Genocide Humanity
Crimes of
War Crimes Aggression

13. Genocide
 Objective element
– Action: Killing, etc. (Art. 6 (a) to (e))
 Subjective element
– Intention: Intent to destroy national, ethnical,
racial, religious group

14. Crimes Against Humanity
 Objective element
– Action: Murder, etc. (Art. 7 (a) to (k))
– Condition: Part of widespread/systematic attack
 Subjective element
– Knowledge of the attack

15. War Crimes
 Objective element
– Action: Grave Geneva breaches, etc. (Art. 8 (2))
– Condition: In particular when part of
policy/plan
 Subjective element

16. Crime of Aggression
 Stay tuned! (Art. 5 (2))

17. Other Limits on Jurisdiction
 Temporal jurisdiction
– Crimes committed after entry into force (11 (1))
 Admissibility (Art. 17)
– Investigation or prosecution by a state
• Unless unable or unwilling
• Last resort

18. Exercise of Jurisdiction

19. ICC Case Checklist
Is the crime under ICC jurisdiction? Art. 5
Art. 11
Is there temporal jurisdiction?
Art. 13
Was the case properly referred?
Art. 17
Is the domestic court unable or unwilling to prosecute?
ICC trial

20. Exercise of Jurisdiction
and State Sovereignty
 Of the 3 forms of case referral, which is least
problematic when it comes to sovereignty?
 Is it justifiable for the Security Council to refer
cases to the ICC, even situations in non-ICC
states?
 Is it justifiable for the ICC prosecutor to initiate
cases? Why or why not?

21. Criticism of the ICC
 Lack of oversight, checks & balances
 Selectivity
 Sovereignty concerns
 Makes peace process more difficult

22. Thinking about the ICC
 What checks are there on the ICC’s power?
 Is the ICC biased against Africa?
 Does the ICC infringe on sovereignty?
 Is the ICC doing its job deterring int’l crimes?