The document provides an overview of the evolution and key aspects of international criminal law. It discusses how international criminal law began with the Nuremberg trials after WWII, which established crimes like war crimes, crimes against humanity, and crimes of aggression. Since then, several ad hoc tribunals have been created to prosecute international crimes in conflicts like Rwanda and Yugoslavia. More recently, the permanent International Criminal Court was established in 2002 to prosecute genocide, war crimes, crimes against humanity, and the crime of aggression, while respecting the principle of complementarity giving domestic courts priority.
A Critically Analysis of the Doctrine of Use of Force by States under Interna...Onyekachi Duru Esq
The purpose of this presentation is to provide a clear statement, assessment and critical analysis of the rules of international law governing the use of force by states.
A Critically Analysis of the Doctrine of Use of Force by States under Interna...Onyekachi Duru Esq
The purpose of this presentation is to provide a clear statement, assessment and critical analysis of the rules of international law governing the use of force by states.
Ad hoc Tribunals in International Criminal Law.pptxMasoud Zamani
Exploring the Enduring Impact of ICTY and ICTR on International Criminal Law
In this SlideShare presentation, delve into a comprehensive examination of the enduring legacies left by the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) in the realm of international criminal law. Gain insights into their pivotal contributions, landmark cases, and their role in shaping the future of global justice
Public International Law by Yury Fontão VieiraYury Fontão
Public International Law by Yury Fontão Vieira
This presentation brings with it a brief notion of Public International Law and its principles; some of its constituent elements and also a brief history of the International Criminal Court (ICC), of the international crimes tried by the ICC and other topics related to the topic presented.
Hope you like it!
Feel free to criticize, suggest and praise, I am available.
INTERNATIONAL CRIMINAL COURT - FACT SHEETVogelDenise
17 USC § 107 Limitations on Exclusive Rights – FAIR USE
The International Criminal Court
For more than half a century since the Nuremberg and Tokyo trials, states have largely
failed to bring to justice those responsible for genocide, crimes against humanity and war crimes. With the creation of the International Criminal Court (ICC), the world has begun to fulfill the post-World War II promise of “never again.” The ICC 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. This represents a major stride for international justice. . .
What crimes does the Court prosecute?
The ICC can prosecute and bring to justice individuals accused of genocide, war crimes and crimes against humanity.
How do cases come before the Court?
Cases come before the court in one of three ways: (1) The Court’s Prosecutor can initiate an investigation into a situation where one or more of the crimes has been committed, based on information from any source, including the victim or the victim’s family, but only if the Court has jurisdiction over the crime and individual. (2) States that have ratified the Rome Statute may ask the Prosecutor to investigate a situation where one or more of the crimes have been committed. (3) The U.N. Security Council can ask the Prosecutor to investigate a situation where one or more of the crimes have been committed, even if the crimes occurred in the territory of a state that has not ratified the Rome Statute or was committed by the national of such a state.
What is the U.S. position on the Court?
…the ICC would only investigate cases involving U.S. nationals if the U.S. failed to investigate and, if appropriate, prosecute the individuals responsible. …
With WARMEST Regards,
Community Activist Vogel Denise Newsome
Post Office Box 31265
Jackson, Mississippi 39286
(513) 680-2922
DONATIONS to support the work may be made at:
www.Cash.me/$VogelDeniseNewsome
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The “.02% DELEGATION” Website: www.vogeldenisenewsome.com
DEFINITIONS-Genocide-Crimes Against Humanity-War Crimes-Ethnic CleansingMYO AUNG Myanmar
http://knowledgenuts.com/2015/08/02/the-difference-between-ethnic-cleansing-and-genocide/
The Difference Between Ethnic Cleansing And Genocide
By Debra Kelly on Sunday, August 2, 2015
http://digitalcommons.law.seattleu.edu/cgi/viewcontent.cgi?article=1984&context=sulr
Expanding the Crime of Genocide to Include Ethnic
Cleansing: A Return to Established Principles in Light of
Contemporary Interpretations
https://www.menorahreview.org/article.aspx?id=63
Ethnic Cleansing and Genocide: Similarities and Differences
https://en.wikipedia.org/wiki/Ethnic_cleansing
Ethnic cleansing
http://www.un.org/en/genocideprevention/ethnic-cleansing.html
Ethnic Cleansing
http://www.un.org/en/genocideprevention/genocide.html
Genocide
http://www.un.org/en/genocideprevention/crimes-against-humanity.html
Crimes Against Humanity
https://www.academia.edu/30464193/The_Difference_between_Genocide_and_Ethnic_Cleansing
The Difference between Genocide and Ethnic Cleansing
https://www.pbs.org/newshour/world/whats-the-difference-between-genocide-and-ethnic-cleansing
What’s the difference between genocide and ethnic cleansing?
https://www.cato.org/blog/ethnic-cleansing-vs-genocide-politics-behind-labeling-rohingya-crisis
Ethnic Cleansing vs. Genocide:
The Politics Behind Labeling the
Rohingya Crisis
http://www.differencebetween.net/miscellaneous/politics/difference-between-ethnic-cleansing-and-genocide/
https://www.linkedin.com/pulse/difference-between-genocide-ethnic-cleansing-kagusthan-ariaratnam/
ASHWINI KUMAR UPADHYAY v/s Union of India.pptxshweeta209
transfer of the P.I.L filed by lawyer Ashwini Kumar Upadhyay in Delhi High Court to Supreme Court.
on the issue of UNIFORM MARRIAGE AGE of men and women.
Introducing New Government Regulation on Toll Road.pdfAHRP Law Firm
For nearly two decades, Government Regulation Number 15 of 2005 on Toll Roads ("GR No. 15/2005") has served as the cornerstone of toll road legislation. However, with the emergence of various new developments and legal requirements, the Government has enacted Government Regulation Number 23 of 2024 on Toll Roads to replace GR No. 15/2005. This new regulation introduces several provisions impacting toll business entities and toll road users. Find out more out insights about this topic in our Legal Brief publication.
PRECEDENT AS A SOURCE OF LAW (SAIF JAVED).pptxOmGod1
Precedent, or stare decisis, is a cornerstone of common law systems where past judicial decisions guide future cases, ensuring consistency and predictability in the legal system. Binding precedents from higher courts must be followed by lower courts, while persuasive precedents may influence but are not obligatory. This principle promotes fairness and efficiency, allowing for the evolution of the law as higher courts can overrule outdated decisions. Despite criticisms of rigidity and complexity, precedent ensures similar cases are treated alike, balancing stability with flexibility in judicial decision-making.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
RIGHTS OF VICTIM EDITED PRESENTATION(SAIF JAVED).pptxOmGod1
Victims of crime have a range of rights designed to ensure their protection, support, and participation in the justice system. These rights include the right to be treated with dignity and respect, the right to be informed about the progress of their case, and the right to be heard during legal proceedings. Victims are entitled to protection from intimidation and harm, access to support services such as counseling and medical care, and the right to restitution from the offender. Additionally, many jurisdictions provide victims with the right to participate in parole hearings and the right to privacy to protect their personal information from public disclosure. These rights aim to acknowledge the impact of crime on victims and to provide them with the necessary resources and involvement in the judicial process.
2. Introduction: What is
International Criminal Law?
• Triggs describes ‘international crime’ as: ‘one that is a matter
for international law as well as national concern, attracting the
responsibility of individuals and states, and is subject to
prosecution by international and national tribunals.’
• Close relationship with human rights law and humanitarian
law – criminalises acts which are violations of these bodies of
law
• Counterpoint to human rights law, which bestows rights on
individuals – I Crim J imposes responsibility directly on
individuals for violations of international law.
3. Something to think about:
• What is the purpose of international criminal law?
• To achieve retributive justice?
• To act as a deterrent?
• To achieve peace and reconciliation?
4. Evolutionof internationalcriminallaw:
NurembergTrials
• February 1945: Franklin D. Roosevelt, Winston Churchill &
Joseph Stalin agreed that Axis leaders should be prosecuted at
the end of WWII
• 7 May, 1945: Unconditional surrender of Germany.
• 8 August 1945: London Charter of the International Military
Tribunal – established the IMT and enabled the prosecution of
war criminals.
• November 1945: first trials were held at Nuremberg.
• Resulted in 11 death sentences for Nazi commanders.
5. Prosecutor Justice Robert Jackson
• “The privilege of opening the first trial in history for crimes
against the peace of the world imposes a grave responsibility.
The wrongs which we seek to condemn and punish have been
so calculated, so malignant, and so devastating, that
civilization cannot tolerate their being ignored, because it
cannot survive their being repeated. That four great nations,
flushed with victory and stung with injury stay the hand of
vengeance and voluntarily submit their captive enemies to the
judgment of the law is one of the most significant tributes that
Power has ever paid to Reason.”
• opening statement:
http://www.youtube.com/watch?v=L50OZSeDXeA
6. London Charter
• Established the Nuremberg tribunal and the offences over
which it would have jurisdiction
• Art 6: Crimes under the jurisdiction tribunals for which there
shall be individual responsibility:
• Crimes against peace (waging war of aggression)
• War crimes (violations of laws or customs of war)
• Crimes against humanity (murder, extermination, enslavement,
deportation, other inhumane acts committed against a civilian
population, or persecutions on political, racial or religions
grounds, whether or not in violation of the domestic law of the
country where perpetrated)
7. London Charter cont…
• Art 7: the official position of the defendants, whether as
Heads of State or officials in government departments, shall
not free them from responsibility or mitigate punishment.
• Art 8: the fact that the Defendant acted pursuant to an order
of his Government or of a superior shall not free him from
responsibility, but may be considered in mitigation of
punishment if the Tribunal determines that justice so requires
8. Developments since WWII
• Nuremberg trials set foundation for international criminal law
in its modern form.
• Established the sorts of crimes which would attract international
criminal jurisdiction
• Established principle that official position would not excuse
wrongful conduct
• Established principle that no excuse would be available for a
person who was following orders of a superior
• Since WWII a number of other criminal tribunals have been
created to prosected offenders after episodes of conflict or
atrocity.
9. Ad hoc criminal tribunals
• Nuremberg tribunal was established to prosecute persons
who had committed egregious violations during WWII.
• A number of other tribunals have been created on an ad hoc
basis to prosecute offenders following particular conflicts
• International Criminal Tribunal for the Former Yugoslavia (ICTY)
• International Criminal Tribunal for Rwanda (ICTR)
• Special Court for Sierra Leone
• Special Panels of the Dili District Court
• Extraordinary Chambers in the Courts of Cambodia
• Special Tribunal for Lebanon
10. ICTY
• Created by the Security Council pursuant to Chapter VII (SC Res 827
(25 May 1993))
• Established ‘for the sole purpose of prosecuting persons responsible
for serious violations of international humanitarian law committed
in the territory of the former Yugoslavia’
• Statute of the ICTY (annexed to SC Res) establishes jurisdiction over
individual persons for acts committed from 1991 onwards:
• Grave breaches of the Geneva Conventions
• Violations of the laws or customs of war
• Genocide
• Crimes against humanity
• Initially was to complete all work by 2010 but has been extended
due to length of time taken to arrest all those indicted (last fugitive
arrested in 2008)
• Sits in the Hague, Netherlands
11.
12. ICTR
• Also established by Security Council (SC Res 995 (8 Nov
1994)).
• Similar jurisdiction to ICTY but limited to acts committed in
the territory of Rwanda between 1 January and 31 December
1994 + acts committed by Rwandan citizens outside of
Rwanda.
• Some differences in definitions of crimes against humanity
and war crimes (ICTR limited to violations of common article 3
of Geneva Conventions)
• Sits in Arusha, Tanzania.
13. Individual criminal responsibility
• ICTY & ICTR have comparable provisions for establishing
individual criminal responsibility:
1. Person who planned, ordered, committed or otherwise
aided and abetted in the planning, preparation or execution
of a crime referred to in Statute shall be individually
responsible.
2. Official position shall not relieve criminal responsibility or
mitigate punishment
3. Fact that acts were committed by subordinate doesn’t
relieve superior of criminal responsibility if they knew or
ought to have known.
4. The fact that accused was following orders doesn’t relieve
criminal responsibility, but may mitigate sentence if justice
requires.
14. International vs domestic
jurisdiction
• ICTY and ICTRY have concurrent jurisdiction with
domestic courts
• ICTY/R will take primacy where necessary in interests of
justice (ICTY art 9; ICTR art 8)
• Number of cases have been referred from international
tribunal back to domestic courts
• Also cases where tribunals have requested states to
defer to them and allow international prosecution to
proceed
• In the International Criminal Court jurisdiction is
determined through the principle of complementarity.
15. International Criminal Court
• Rome Statute of the International Criminal Court adopted 17
July 2008
• 1 July 2002 – entered into force upon ratification by 60 states
(currently 123 parties)
• Power to exercise jurisdiction over persons for the most
serious crimes of international concern (art 1)
• The crimes over which the ICC has jurisdiction are set out in
article 5:
a) The crime of genocide;
b) Crimes against humanity;
c) War crimes;
d) The crime of aggression (but note that jurisdiction over
aggression not yet active).
16. Jurisdiction of the ICC
• Art 11: ICC has jurisdiction over crimes which are committed
after entry into force of Rome Statute (1 July, 2002)
• Art 13: court may exercise jurisdiction where:
(a) State party refers situation to Office of the Prosecutor (OTP)
(see art 14)
(b) Security Council refers situation to OTP pursuant to Ch VII of
UN Charter
(c) OTP commences investigation itself (see art 15)
• Art 12: preconditions to jurisdiction – if 13(a) or (c) above -
either State where act occurred, or State of nationality of
offender, must be a party to the Statute. Not required for Sec
Council referral under art 13(b).
17. Principle of complementarity
Art 17: Inadmissibility
(1) A case will be inadmissible in the ICC where:
(a) The matter is already being investigated or
prosecuted by a State which has jurisdiction, unless
that State is unwilling or unable to genuinely carry
out investigation / prosecution
(b) The case has been investigated by a State who
decided not to prosecute, unless that decision was
based on unwillingness or inability to genuinely
prosecute
(c) Person has already been tried (Art 20)
(d) The case is not of sufficient gravity to warrant
prosecution by the Court.
18. Article 6: Genocide
For the purpose of this Statute, ‘genocide’ means any of the
following acts committed with intent to destroy, in whole or in
part, a national, ethnical, racial or religious group, as such:
a) Killing members of the group;
b) Causing serious bodily or mental harm to members of the
group;
c) Deliberately inflicting on the group conditions of life
calculated to bring about its physical destruction in whole or
in part;
d) Imposing measures intended to prevent births within the
group;
e) Forcibly transferring children of the group to another group
19. Article 7 : Crimes against humanity
1. For the purpose of this Statute, ‘crime against humanity’
means any of the following acts when committed as part of a
widespread or systematic attack directed against any civilian
population, with knowledge of the attack:
a)Murder;
b)Extermination;
c)Enslavement;
d)Deportation or forcible transfer of population;
e)Imprisonment or other severe deprivation of physical liberty in
violation of fundamental rules of international law;
f) Torture;
g)Rape, sexual slavery, enforced prostitution, forced pregnancy,
enforced sterilization, or any other form of sexual violence of
comparable gravity;
20. Art 7 cont/...
h) Persecution against any identifiable group or collectivity on political,
racial, national, ethnic, cultural, religious, gender or other grounds that
are universally recognized as impermissible under international law,
i) Enforced disappearance of persons;
j) The crime of apartheid;
k) Other inhumane acts of a similar character intentionally causing great
suffering, or serious injury to body or to mental or physical health.
2. For the purpose of paragraph 1:
(a) ‘Attack directed against any civilian population’ means a course of
conduct involving the multiple commission of acts referred to in
paragraph 1 against any civilian population, pursuant to or in
furtherance of a State or organizational policy to commit such attack;
21. Article 8: War crimes
1. The Court shall have jurisdiction in respect of war crimes in
particular when committed as part of a plan or policy or as
part of a large-scale commission of such crimes.
2. For the purpose of this Statute, ‘war crimes’ means:
(a) Grave breaches of the Geneva Conventions of 12 August
1949, namely, any of the following acts against persons or
property protected under the provisions of the relevant
Geneva Convention:
(i) Wilful killing;
(ii) Torture or inhuman treatment, including biological
experiments;
(iii) Wilfully causing great suffering, or serious injury to body
or health;
22. Art 8 cont/...
(iv) Extensive destruction and appropriation of property, not
justified by military necessity and carried out unlawfully and
wantonly;
(v) Compelling a prisoner of war or other protected person to serve
in the forces of a hostile Power; Wilfully depriving a prisoner of war
or other protected person of the rights of fair and regular trial;
(vii) Unlawful deportation or transfer or unlawful confinement;
(viii) Taking of hostages.
(b) Other serious violations of the laws and customs applicable in
international armed conflict, within the established framework of
international law, namely, any of the following acts...
(c) In the case of an armed conflict not of an international character,
serious violations of article 3 common to the four Geneva
Conventions of 12 August 1949...
23. Art 25: Individual responsibility
• Art 25(3) Individual responsibility for a crime will attach to a person
who
(a) commits crime, whether individually, jointly or through another
person
(b) orders, solicits or induces the commission of such a crime which
in fact occurs or is attempted;
(c) Aids, abets or assists in commission or attempted commission,
for the purpose of facilitating the commission of that crime
(d) Intentionally contributes to commission or attempted
commission of a crime by a group acting with a common purpose
(e) for genocide, directly and publicly incites others to commit
genocide
(f) attempts the crime by means of a substantial step...
24. Persons in official capacity
• Art 27: statute applies equally to all persons regardless of
official capacity
• Immunities which attach to the official capacity of a person
shall not bar the Court from exercising jurisdiction.
• Art 28: military commander or person acting effectively as
military commander shall be criminally responsible for crimes
committed by forces under effective command and control
where
• The commander knew or should have known that under
their command were committing or about to commit
crimes;
• Commander failed to take all necessary and reasonable
measures to prevent commission of crime.
25. Excluding criminal responsibility
• Art 30 (mental element): only liable where material elements of
crime are committed with intent and knowledge.
• Person has intent where they mean to engage in conduct, or they
mean to cause a consequence, or they are aware that the
consequence will occur in the ordinary course of events
• Knowledge means awareness that a circumstance exists or that a
consequence will occur in the ordinary course of events.
• Art 31: grounds for excluding criminal responsibility:
a) Mental disease or defect
b) Intoxication which destroys capacity
c) Self defence or defence of another
d) Duress resulting from threat of imminent death or serious bodily
harm
• Art 32: mistake of fact or law where it negates mental element.
26. Excluding responsibility: superior
orders
• Art 33 (1) The fact that crime was committed pursuant to
order of a superior will not exclude criminal responsibility
unless:
(a) person under legal obligation to obey order
(b) did not know that order was unlawful
(c) order was not manifestly unlawful.
(2) Orders to commit crimes against humanity and genocide are
manifestly unlawful.
Could be seen as ‘softening’ of Nuremberg approach to the
defence of superior orders – although it is similar to the pre-
WWII approach of conditional liability.
27. ICC: Progress to date
• 23 cases in 10 situations:
• Self-referral of Uganda, Dem Rep of Congo,
Central African Republic (2 situations) and Mali
• Security Council referral for situations in Darfur
(Sudan) and Libya (both non-state parties)
• Prosecutor initiated investigations in Georgia,
Kenya and Cote D’Ivoire
• Also preliminary examinations under way in
Afghanistan, Guinea, Colombia, Honduras,
Korea and Nigeria.
28. Progress to date cont/…
• CAR:
• Prosecutor v Bemba Gombo: convicted March 2016 of crmes against humanity
and war crimes. First conviction based on command responsibility, and first
conviction for crimes based on sexual violence.
• DRC:
• Prosecutor v Thomas Lubanga Dyilo: convicted of war crimes of enlisting
children under 15 and using them to participate actively in hostilities –
sentenced to 14 years.
• Libya:
• Prosecutor v Muammar Gaddafi – arrest warrant terminated following his death
in Nov 2011;
• Prosecutor v Saif Al-Islam Gaddafi – ICC arrest warrant but held in Libyan
custody; admissibility challenge rejected May 2013.
• Prosecutor v Abdulla Al-Senussi – ICC accepted Libya’s admissibility challenge re
Al-Senussi under art 17 in Oct 2013. This decision was confirmed on appeal and
the case was declared inadmissible.
29. Discussion questions
• How is the principle of complementarity linked to State
sovereignty? How does it help to ensure participation of
States in the ICC?
• Do you think the Rome Statute of the International Criminal
Court establishes jurisdiction, rules and procedures which are
adequate for ensuring that the perpetrators of egregious
violations are held accountable for their actions? Can you
identify any shortcomings or gaps?
• Does the Rome Statute strike an appropriate balance in terms
of attributing responsibility to commanders and subordinates
involved in violations of international law?