International Criminal Court: Jurisdiction and Issues
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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.
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Role of icj in solving internation dispute
The International Court of Justice (ICJ) helps resolve international disputes through binding judgments. It is the primary judicial branch of the United Nations, composed of 15 judges elected by the UN General Assembly and Security Council. Only states can bring cases to the ICJ, and its jurisdiction is based on state consent. One example is the 1986 case of Nicaragua v. United States, where the ICJ ruled the US violated international law by supporting Contra rebels against Nicaragua's government. While the decision was binding, the US refused to participate and blocked its enforcement, showing the limited power of the ICJ without state cooperation.
Introduction to ICC
The International Criminal Court (commonly referred to as the ICC or ICCt)
is the world's first permanent, international judicial body capable of bringing
perpetrators to justice and providing redress to victims when states are unable or
unwilling to do so.1
Jurisdiction and admissibility of icc
This document discusses jurisdiction and admissibility of cases to the International Criminal Court (ICC). It provides details on the ICC's jurisdiction according to temporal, personal, territorial and subject-matter components. Crimes under the ICC's jurisdiction include genocide, crimes against humanity, war crimes, and the crime of aggression. For a case to be admissible, the domestic court must be unable or unwilling to prosecute. The ICC can only hear a case if states are unable or unwilling to act, or if referred by the UN Security Council. It cannot hear cases that states have decided to prosecute domestically.
Role of ICC in Promoting International Humanitarian Law
The International Criminal Court investigates and prosecutes individuals accused of genocide, crimes against humanity, war crimes, and the crime of aggression. It was established in 2002 and has 120 member states. The Court complements national courts and only investigates crimes within its jurisdiction when states are unwilling or unable to prosecute. If convicted, individuals face up to 30 years imprisonment or life imprisonment for the most serious crimes.
genocide as an international crime
The document discusses the crime of genocide under international law. It provides background on how the term was coined after World War II and how it was formulated in the UN Genocide Convention of 1948. The crime aims to destroy national, ethnic, racial or religious groups in whole or in part. Protected groups are defined and the individual acts that can constitute genocide are outlined, including killing, causing harm, inflicting conditions to physically destroy a group, preventing births, and forcibly transferring children. Questions regarding aspects of proving genocide are also addressed.
Introduction to international criminal law ppt
It is based on coursera course that is introduction to international criminal law.
it includes procedure of crime in international country.
INTERNATIONAL LAW
Its consists of the emergence of international law, Expalanation of international law, reason why it is a weak law, Father of International law, types of law, Formulation of treaties, Why international law is not a real law, Nature of international law, basis of international law , sources of international law, famous case of international law and current state of international law
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Criemes Against International Law , Imposing of Criminal liability under international crimes. excluding of liabilithy
Role of icj in solving internation dispute
The International Court of Justice (ICJ) helps resolve international disputes through binding judgments. It is the primary judicial branch of the United Nations, composed of 15 judges elected by the UN General Assembly and Security Council. Only states can bring cases to the ICJ, and its jurisdiction is based on state consent. One example is the 1986 case of Nicaragua v. United States, where the ICJ ruled the US violated international law by supporting Contra rebels against Nicaragua's government. While the decision was binding, the US refused to participate and blocked its enforcement, showing the limited power of the ICJ without state cooperation.
Introduction to ICC
The International Criminal Court (commonly referred to as the ICC or ICCt)
is the world's first permanent, international judicial body capable of bringing
perpetrators to justice and providing redress to victims when states are unable or
unwilling to do so.1
Jurisdiction and admissibility of icc
This document discusses jurisdiction and admissibility of cases to the International Criminal Court (ICC). It provides details on the ICC's jurisdiction according to temporal, personal, territorial and subject-matter components. Crimes under the ICC's jurisdiction include genocide, crimes against humanity, war crimes, and the crime of aggression. For a case to be admissible, the domestic court must be unable or unwilling to prosecute. The ICC can only hear a case if states are unable or unwilling to act, or if referred by the UN Security Council. It cannot hear cases that states have decided to prosecute domestically.
Role of ICC in Promoting International Humanitarian Law
The International Criminal Court investigates and prosecutes individuals accused of genocide, crimes against humanity, war crimes, and the crime of aggression. It was established in 2002 and has 120 member states. The Court complements national courts and only investigates crimes within its jurisdiction when states are unwilling or unable to prosecute. If convicted, individuals face up to 30 years imprisonment or life imprisonment for the most serious crimes.
genocide as an international crime
The document discusses the crime of genocide under international law. It provides background on how the term was coined after World War II and how it was formulated in the UN Genocide Convention of 1948. The crime aims to destroy national, ethnic, racial or religious groups in whole or in part. Protected groups are defined and the individual acts that can constitute genocide are outlined, including killing, causing harm, inflicting conditions to physically destroy a group, preventing births, and forcibly transferring children. Questions regarding aspects of proving genocide are also addressed.
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THE INTERNATIONAL CRIMINAL COURT (ICC) AND MYANMAR-BANGLADESH
The International Criminal Court (ICC) investigates and, where warranted, tries individuals charged with the gravest crimes of concern to the international community: genocide, war crimes, crimes against humanity and the crime of aggression.
The Court is participating in a global fight to end impunity, and through international criminal justice, the Court aims to hold those responsible accountable for their crimes and to help prevent these crimes from happening again.
The Court cannot reach these goals alone. As a court of last resort, it seeks to complement, not replace, national Courts. Governed by an international treaty called the Rome Statute, the ICC is the world’s first permanent international criminal court.
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International Humanitarian Law
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Genocide
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This document defines international law and discusses its main sources. It begins by providing definitions of international law from several jurists. It then distinguishes between the two main kinds of international law: public and private. Public international law regulates relations between states and other entities, while private international law determines which law applies in cases involving foreign elements. The document also discusses whether international law can truly be considered law given its lack of enforcement mechanisms compared to domestic law. Finally, it outlines the six main sources of international law according to the ICJ statute: treaties, customs, general principles of law, judicial decisions, writings of jurists, and other sources.
State jurisdiction under PUBLIC INTERNATIONAL LAW
This document discusses principles of state jurisdiction under international law. It addresses topics like preemptive attack, conflicts between nationality and territoriality principles, and universal jurisdiction. Specifically, it explains that state jurisdiction arises from sovereignty and includes the power to prescribe rules/laws and enforce them. Jurisdiction is based on a state's territory, nationality of the offender/victim, or protective/universal principles. Universal jurisdiction allows any state to try certain grave international crimes like war crimes and crimes against humanity. Examples discussed include an Israeli case trying a German national for crimes against humanity.
state responsibility
The document discusses state responsibility under international law. It covers:
- The nature of state responsibility, which refers to a state's liability for breaching international obligations.
- The elements of state responsibility, which are: conduct attributable to the state, and the conduct constituting a breach of an international obligation.
- Various ways conduct can be attributable to a state, including actions of state organs, ultra vires acts, persons directed or controlled by the state, and conduct acknowledged by the state.
- Exceptions where conduct of private individuals or unsuccessful insurrections are not attributable to the state.
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THE INTERNATIONAL CRIMINAL COURT (ICC) AND MYANMAR-BANGLADESH
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International Criminal Court: Jurisdiction and Issues
- 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
- 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
- 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?