Public International Law by Yury Fontão Vieira

Public
International
Law - PIL
By Yury Fontão Vieira

INDEX
IN
REFERENCE
PRESENTATION STRUCTURE
• Presentation
• What is Public International Law (PIL)?
• Sources of Public International Law (PIL)
• General Principles of Public International Law (PIL)
• What is the International Criminal Court (ICC)?
• Crimes within the jurisdiction of the International Criminal Court
(ICC)
• When will the International Criminal Court (ICC) be able to exercise
its jurisdiction?
• Examples of cases tried by the International Criminal Court (ICC)
• The references

Yury Fontão Vieira
Brazilian, Amazonian,
Baccalaureate and Specialist
in International Relations.
Presentation

What is Public International Law (PIL)?

Public International Law is characterized as
the set of legal rules that govern the mutual
relations of sovereign states and other
international peoples, such as certain
international organizations.

Public International Law, since it is an
autonomous legal system in which
the relations between sovereign
States are ordered, is based on
consent, that is to say that States are
not subordinated to the law that
they freely recognized or built.

Sources of Public International Law (PIL)

Sources of Public International Law (PIL)
The Statute of the Court of The Hague, the first court devoted
to the resolution of conflicts between States, without any
limitation of a geographical or thematic nature, lists
international treaties, international custom and general
principles of law as sources of Public International Law. and
refers to jurisprudence., doctrine, equity. It is also important to
emphasize the use of unilateral acts by States and decisions
taken by international organizations as auxiliary means in
determining international legal rules.

General Principles of Public International Law (PIL)

General Principles of Public International Law (PIL)
The main general principles of Public International Law (PIL) in the
current era are as follows:
• Principle of non-aggression.
• Principle of the peaceful settlement of disputes between States.
• Principle of self-determination of peoples.
• Principle of peaceful coexistence.
• Principle of disarmament.
• Principle of prohibition of war propaganda.

What is the International Criminal Court (ICC)?

Since the end of World War II, the United
Nations has repeatedly considered the idea
of creating a permanent international
criminal court. In 1993 and 1994, they
established two special tribunals to punish
serious violations of international
humanitarian law committed in the former
Yugoslavia and in Rwanda respectively.

In 1994, he began a series of negotiations
to create a permanent international
criminal court that would have
jurisdiction to hear crimes that are the
most serious for the international
community, regardless of where they
were committed.

These negotiations culminated in the
approval, in July 1998, in Rome, of the
Statute of the International Criminal Court
(ICC), which testifies to the decision of the
international community to ensure that the
perpetrators of these serious crimes do not
remain unpunished. The statute entered
into force after the ratification of 60 states.

Chapter I
Creation of the Court
Article 1
The tribunal
An International Criminal Court (“the Court”) is hereby created. The Court will
be a permanent institution, having jurisdiction over those responsible for the
most serious crimes of international concern, in accordance with this Statute,
and will complement national criminal jurisdictions. The jurisdiction and
functioning of the Court are governed by this Statute.

As of January 2012, the following 120 countries had ratified or acceded to
membership of the ICC:
In Europe: Albania, Andorra, Austria, Belgium, Bosnia and Herzegovina,
Bulgaria, Czech Republic, Croatia, Cyprus, Denmark, Slovakia, Slovenia,
Spain, Estonia, Finland, France, Germany, Greece, Hungary, Iceland,
Ireland, Italy, Georgia, Latvia, Liechtenstein, Lithuania, Luxembourg, North
Macedonia, Malta, Moldova, Montenegro, Norway, Netherlands, Poland,
Portugal, Romania, San Marino, Serbia, Sweden, Switzerland, United
Kingdom.
In Africa: South Africa, Benin, Botswana, Burkina Faso, Cape Verde, Chad,
Comoros, Congo, Djibouti, Gabon, Gambia, Ghana, Guinea, Lesotho,
Liberia, Madagascar, Malawi, Mali, Mauritius, Namibia, Niger, Nigeria,
Kenya, Central African Republic, Democratic Republic of Congo, Senegal,
Sierra Leone, Seychelles, Tanzania, Tunisia, Uganda, Zambia.

As of January 2012, the following 120 countries had ratified or acceded to
membership of the ICC:
In America: Antigua and Barbuda, Argentina, Barbados, Belize, Bolivia, Brazil,
Canada, Chile, Colombia, Costa Rica, Dominica, Ecuador, Grenada, Guyana,
Honduras, Mexico, Panama, Paraguay, Peru, Dominican Republic, Holy -Lucie,
Saint Kitts and Nevis, Saint Vincent and the Grenadines, Suriname, Trinidad
and Tobago, Uruguay, Venezuela
In Asia: Afghanistan, Bangladesh, Cambodia, South Korea, Philippines, Japan,
Jordan, Maldives, Mongolia, Tajikistan
In Oceania: Australia, Fiji, Cook Islands, Marshall Islands, Nauru, New
Zealand, Samoa, Timor-Leste, Vanuatu.

Brazil and the ICC - Brazil was the
69th state to ratify the Rome
Statute, having deposited its
instrument of ratification on
06/14/2002. Internally, the
treaty was promulgated on
25/09/2002 by Decree 4.388.

Crimes falling within the jurisdiction of the International Criminal Court (ICC)

• Genocide crimes
• Crimes against humanity
• War crimes
• Aggression

GENOCIDE CRIMES

GENOCIDE CRIMES
Article 6 of the Rome Statute of the International Criminal Court defines the crime
of genocide in the form of the following law:
For the purposes of this Statute, "genocide" means any of the acts listed below,
committed with intent to destroy, in whole or in part, a national, ethnic, racial or
religious group, as Phone:
a) Homicide of members of the group;

GENOCIDE CRIMES
b) Serious offenses against the physical or mental integrity of the members of the
group;
c) Intentional subjugation of the group to living conditions with a view to bringing
about its physical destruction in whole or in part;
d) Imposition of measures to prevent births within the group;
e) Forced transfer of children from the group to another group.

GENOCIDE CRIMES
Indication of films on the subject

CRIMES AGAINST HUMANITY

According to the Statute, article 7 of the Rome Statute of the International
Criminal Court provides the definition of crimes against humanity:
1. For the purposes of this Statute, "crime against humanity" means any of the
following acts, when committed as part of a widespread or systematic attack
against a civilian population: with knowledge of this attack:
a) Homicide;

b) Extermination;
c) Slavery;
d) Deportation or forcible transfer of a population;
(e) Imprisonment or other form of serious deprivation of physical liberty, in
violation of the fundamental rules of international law;
f) Torture;

g) Sexual assault, sexual slavery, forced prostitution, forced pregnancy,
forced sterilization or any other form of sexual violence of comparable
gravity;
h) Persecution of a group or collectivity which can be identified, for
political, racial, national, ethnic, cultural, religious or gender reasons, as
defined in paragraph 3, or according to other criteria universally
recognized as unacceptable under international law, connected with any
act referred to in this paragraph or any crime within the jurisdiction of the
Court;

i) Forced disappearance of persons;
j) Crime of apartheid;
k) Other inhumane acts of a similar character which intentionally
cause great suffering or seriously affect physical integrity or physical or
mental health.

2. For the purposes of paragraph 1:
(a) "Attack against a civilian population" means any conduct which involves
the multiple practice of acts referred to in paragraph 1 against a civilian
population, in accordance with the policy of a State or an organization to
commit such acts or taking into account in order to pursue this policy;

(b) Extermination includes the intentional infliction of conditions of life,
such as denial of access to food or medicine, with a view to causing the
destruction of part of the population;
c) "Slavery" means the exercise, with regard to a person, of a power or of
a set of powers which translate a right of ownership over a person,
including the exercise of this power. in the context of trafficking in human
beings, in particular women and children;

(d) The expression "deportation or forcible transfer of a population" means the
forcible displacement of persons, by expulsion or other coercive act, from the area in
which they are legally located, without any reason recognized by international law;
(e) "Torture" means the act by which severe pain or suffering, physical or mental, is
intentionally caused to a person who is in the custody or control of the accused; this
term does not include pain or suffering resulting solely from legal sanctions, inherent
in or caused by such sanctions;

f) "Forced pregnancy" means the unlawful deprivation of liberty of a woman who
has been forcibly pregnant, with the aim of altering the ethnic composition of a
population or of committing other violations.
serious consequences of international law. This definition can in no way be
interpreted as affecting the provisions of domestic law relating to pregnancy;
(g) “persecution” means the intentional and serious deprivation of fundamental
rights in violation of international law, for reasons relating to the identity of the
group or community concerned;

(h) "crime of apartheid" means any inhuman act analogous to those
referred to in paragraph 1, carried out in the context of an
institutionalized regime of oppression and systematic domination of
a racial group over any of the national groups and with the intention
of maintaining this regime;

i) "Forced disappearance of persons" means the arrest, imprisonment or
abduction of persons by a State or a political organization or with their
authorization, support or agreement, followed by a refusal to recognize
such state of deprivation of liberty or to provide information on the
situation or location of such persons, with the aim of denying them the
protection of the law for an extended period.

3. For the purposes of this Statute, it is understood that the term
“gender” includes both male and female sexes, in the context of society,
and should not be given any other meaning.

WAR CRIMES

WAR CRIMES
Article 8 of the Rome Statute of the International Criminal Court
provides the definition of war crimes:
1. The Court will have jurisdiction to prosecute war crimes,
especially when committed as part of a plan or policy or as part of a
large-scale practice of such crimes.

WAR CRIMES
2. For the purposes of this Statute, “war crimes” means:
Serious violations of the Geneva Conventions of August 12, 1949,
namely any of the following acts, directed against persons or property
protected under the Geneva Convention which are relevant:
i) intentional homicide;

WAR CRIMES
ii) Torture or other inhuman treatment, including biological
experiments;
(iii) Willfully causing great suffering or serious injury to body or health;
iv) Large-scale destruction or appropriation of property, when not
justified by any military need and carried out illegally and arbitrarily;

WAR CRIMES
(v) Forcing a prisoner of war or other person under protection to serve in the
armed forces of a hostile power;
(vi) The intentional deprivation of a prisoner of war or other person under the
protection of his right to a fair and impartial trial;
(vii) unlawful expulsion or transfer or unlawful deprivation of liberty;
(viii) Taking of hostages;

WAR CRIMES
b) Other serious violations of the laws and customs applicable in
international armed conflicts under international law, namely one of
the following acts:
(i) Intentionally directing attacks against the civilian population in
general or civilians not taking a direct part in hostilities;
(ii) Intentionally directing attacks against civilian objects, that is,
objects which are not military objectives;

WAR CRIMES
(iii) Intentionally directing attacks against personnel, installations,
materiel, units or vehicles participating in a peacekeeping or
humanitarian assistance mission, in accordance with the Charter of
the United Nations, whenever they have right to protection
accorded to civilians or civilian objects under international law
applicable in armed conflict;

WAR CRIMES
(iv) Intentionally launching an attack, knowing that it will result in
accidental loss of life or injury to the civilian population, damage to
civilian property or significant, lasting and serious damage to the
environment which is manifestly excessive in relation to the the world
army concrete and direct advantage which was envisaged;
v) Attack or bombard, by any means, towns, villages, dwellings or
buildings which are not defended and which are not military
objectives;

WAR CRIMES
vi) Kill or injure a combatant who has laid down his arms or who,
no longer having the means to defend himself, has surrendered
unconditionally;
vii) Misuse of a truce flag, national flag, military insignia or
uniform of the enemy or of the United Nations, as well as the
distinctive signs of the Geneva Conventions, thereby causing
death or serious injury ;

WAR CRIMES
(viii) The transfer, directly or indirectly, by an occupying power of part of its
civilian population to the territory it occupies or the deportation or transfer
of all or part of the population of the occupied territory, into or out of that
territory;
ix) Intentionally directing attacks against buildings dedicated to religious
worship, education, the arts, sciences or charity, historical monuments,
hospitals and places where the sick and wounded are gathered, whenever
these are not military objectives;

WAR CRIMES
x) Subjecting persons who are under the control of a warring party
to physical mutilation or to any type of medical or scientific
experiment which is not motivated by medical, dental or hospital
treatment, nor is it carried out in the interests of these persons, and
which causes death or seriously endangers your health;
xi) Kill or betray persons belonging to the enemy nation or army;

WAR CRIMES
xii) Declare that no shift will be granted;
xiii) Destroy or seize enemy property, unless such destruction or
seizure is imperatively determined by the necessities of war;
xiv) Declare the rights and actions of the nationals of the enemy
party abolished, suspended or not admissible in court;

WAR CRIMES
xv) Oblige the nationals of the enemy party to participate in war
operations directed against their own country, even though they were in
the service of this belligerent party before the start of the war;
xvi) Looting a town or place, even when taken by assault;
xvii) Using poison or poisoned weapons;
xviii) Use asphyxiating, poisonous or other gases or any liquid, material or
similar device;

WAR CRIMES
xix) Using bullets that expand or flatten easily inside the human
body, such as hard-coated bullets that do not completely cover
the inside or have incisions;

WAR CRIMES
xx) Use weapons, projectiles; materials and methods of combat which,
by their very nature, cause superfluous injury or unnecessary suffering
or which have indiscriminate effects, in violation of international law
applicable to armed conflict, insofar as such weapons, projectiles,
materials and methods combat are the general object prohibition and
are included in an annex to this Statute, due to an amendment
approved in accordance with the provisions of Articles 121 and 123;
xxi) to outrage the dignity of the person, in particular by humiliating and
degrading treatment;

WAR CRIMES
xxii) Committing acts of rape, sexual slavery, forced prostitution,
forced pregnancy within the meaning of article 7, paragraph 2 (f),
forced sterilization and any other form of sexual violence which also
constitutes serious lack of respect for the Geneva Conventions;
xxiii) Using the presence of civilians or other protected persons to
prevent certain points, areas or military forces from being targeted
by military operations;

WAR CRIMES
xxiv) Intentionally directing attacks against medical buildings,
equipment, units and vehicles, as well as personnel bearing the
distinctive signs of the Geneva Conventions, in accordance with
international law;
xxv) Deliberately provoking starvation among the civilian population
as a method of warfare, depriving them of goods essential to their
survival, or even preventing the sending of aid, as provided for in the
Geneva Conventions;

WAR CRIMES
xxvi) Recruit or enlist minors under the age of 15 in the national armed forces
or use them to participate actively in hostilities;
c) In the event of an armed conflict which is not of an international nature,
serious violations of article 3 common to the four Geneva Conventions of 12
August 1949, namely, one of the following acts, committed against persons
who do not participate directly in hostilities, including members of the armed
forces who have laid down their arms and those who have been prevented
from continuing to fight by reason of illness, injury, imprisonment or for any
other reason:

WAR CRIMES
i) Acts of violence against life and against the person, in
particular homicide in all its forms, mutilation, cruel treatment
and torture;
ii) outrages upon personal dignity, in particular through
humiliating and degrading treatment;
(iii) Taking of hostages;

WAR CRIMES
iv) Sentences passed and executions carried out without previous
judgment by a regularly constituted court which offers all the judicial
guarantees generally recognized as indispensable.
d) Paragraph 2 (c) of this article applies to armed conflicts which are
not of an international character and therefore does not apply to
situations of internal disturbances and tensions, such as riots,
sporadic acts of violence or isolated or others of a similar character;

WAR CRIMES
(e) Other serious violations of the laws and customs applicable in
armed conflicts which are not of an international nature, within the
framework of international law, namely one of the following acts:
(i) Intentionally directing attacks against the civilian population in
general or civilians not taking a direct part in hostilities;

WAR CRIMES
ii) Intentionally directing attacks against buildings, equipment, medical units
and vehicles, as well as personnel using the distinctive signs of the Geneva
Conventions, in accordance with international law;
(iii) Intentionally directing attacks against personnel, installations, materiel,
units or vehicles participating in a peacekeeping or humanitarian assistance
mission, in accordance with the Charter of the United Nations, whenever they
have right to protection under international law against armed conflict of
civilians and civilian objects;

WAR CRIMES
iv) Intentionally attacking buildings devoted to religious worship,
education, the arts, sciences or charity, historical monuments,
hospitals and places where the sick and wounded are gathered,
whenever they fail to appear. it is not about military objectives;
v) Looting a population or a place, even when taken by assault;

WAR CRIMES
(vi) Committing acts of sexual assault, sexual slavery, forced
prostitution, forced pregnancy, as defined in paragraph f of
paragraph 2 of article 7; forced sterilization or any other form of
sexual violence which constitutes a serious violation of Article 3
common to the four Geneva Conventions;
(vii) Recruit or enlist minors under the age of 15 in the national
armed forces or in groups, or use them to participate actively in
hostilities;

WAR CRIMES
(viii) Order the displacement of the civilian population for reasons
related to the conflict, unless the safety of the civilians in
question or imperative military reasons so require;
ix) Kill or betray a combatant of a belligerent party;
x) Declare that no shift will be given;

WAR CRIMES
xi) Subjecting persons under the control of another belligerent
party to physical mutilation or to any type of medical or scientific
experiment which is not motivated by medical, dental or hospital
treatment or carried out in the interest of that person, and which
cause death or seriously endanger your health;
xii) Destroy or seize enemy property, unless the necessities of war
require it;

WAR CRIMES
f) Paragraph 2 (e) of this article shall apply to armed conflicts
which are not of an international character and, therefore, shall
not apply to situations of internal disturbances and tensions, such
as riots, acts sporadic or isolated violence or other similar
character; it will also apply to armed conflicts that take place on
the territory of a State, where there is a protracted armed conflict
between government authorities and organized armed groups or
between such groups.

WAR CRIMES
3. The provisions of sub-paragraphs (c) and (e) of paragraph 2
in no way affect the responsibility of the whole Government
to maintain and restore public order in the State and to
defend the unity and the territorial integrity of the State by
any lawful means.

WAR CRIMES

AGGRESSION

AGGRESSION
Aline Pinheiro talks about the crime of aggression according to her own
definition:
The International Criminal Court is on the verge of definitively instituting the
crime of aggression - that committed by the head of state who determines an
armed attack against another country without justification of self-defense or
prior authorization from the UN.
The crime of aggression has been a problem at the ICC since its inception. It
was included in the Rome Statute in 2002, but has never been applied.

AGGRESSION
Aline Pinheiro also pointed out that:
In 2010, at the first meeting of all member countries of the Court to
revise the statute, the subject returned to discussion. It was decided
that if the crime forecasting amendment got 30 signatures, it would
be voted on again at an upcoming review conference in 2017 and
become effective. So far, he already has 29 signatures.

AGGRESSION
For more up-to-date information on this topic, go to the following
link:
Tribunal Penal Internacional passará a julgar crimes de agressão -
17/07/2018 - UOL Notícias

When will the International Criminal Court
(ICC) be able to exercise its jurisdiction?

When will the International Criminal Court (ICC) be
able to exercise its jurisdiction?
When a state becomes a party to the Statute, it accepts the
jurisdiction of the ICC for the crimes mentioned above. In
accordance with Article 25 of the Statute, the Court will exercise
jurisdiction over individuals and not over States.

The ICC may exercise its jurisdiction at the provocation of the
Prosecutor or a State Party, provided that one of the following
States is bound by the Statute:
The State in whose territory the conduct in question took place or,
if the crime was committed on board a ship or aircraft, the State
of registry of the ship or aircraft;

Declare that the person accused of a crime is a national.
A State which is not a Party to the Statute may make a declaration
accepting the jurisdiction of the Court. In accordance with the system of
collective security described in Chapter VII of the Charter of the United
Nations, the Security Council may refer cases to the Prosecutor for the
purpose of initiating an investigation; he may also request that no
investigation or criminal prosecution be opened or continued for a
renewable period of twelve months.

Article 124 of the Rome Statute limits the ability of the ICC to
exercise jurisdiction over war crimes.
According to this provision, a State can declare that, for a period
of seven years, it will not accept the jurisdiction of the Court for
alleged war crimes committed by its nationals or in its territory.

Examples of cases tried by the International Criminal Court (ICC)

War criminal
Accusation
War crimes, crimes against peace, torture and crimes against
humanity
Crimes committed
The Kuala Lumpur War Crimes Commission convicted George W.
Bush.
Sentence
GEORGE WALKER
BUSH
EX-PRESIDENT OF
THE UNITED STATES
OF AMERICA

Genocide criminal
Accusation
Genocide crimes
Crimes committed
He was sentenced to 30 years in prison by the International Criminal
Court for Rwanda (ICTR) for his direct involvement and his hierarchical
responsibility in the 1994 genocide in Rwanda.
Sentence
AUGUSTIN
BIZIMUNGU
FORMER GENERAL
OF THE ARMED
FORCES OF RWANDA
(FAR)

Crimes against humanity
Accusation
Crimes against humanity
Crimes committed
The (ICC) prosecutor called for the arrest of Libyan dictator Muammar
Gaddafi for crimes against humanity. The ICC opened an investigation
on March 3 to investigate crimes against humanity committed in Libya
since February. However, despite his conviction, Gaddafi was
assassinated by supporters of the National Transitional Council (CNT)
in Sirte, Libya, in October 2011.
Sentence
MUAMAR KADAFI
EX-DICTATOR OF LIBYA

Genocide crimes
Accusation
Genocide crimes
Crimes committed
Former Lieutenant Colonel Vujadin Popovic, 53, and former Colonel
Ljubisa Beara, 70, were sentenced to life in prison on charges of
genocide, extermination, homicide and persecution. Five other police
officers were also convicted.
Sentence
VUJADIN POPOVIC
FORMER LIEUTENANT-
COLONEL OF THE
BOSNIAC ARMY - SERBIA

Genocide crimes
Accusation
Genocide crimes
Crimes committed
Former Lieutenant Colonel Vujadin Popovic, 53, and former Colonel
Ljubisa Beara, 70, were sentenced to life in prison on charges of
genocide, extermination, homicide and persecution. Five other police
officers were also convicted.
Sentence
LJUBISA BEARA
FORMER COLONEL OF THE
BOSNIAC ARMY - SERBIAN

The references
CARTA DE DECLARAÇÃO UNIVERSAL
DOS HOMENS
APOSTILA DE DIREITO
INTERNACIONAL PÚBLICO -
PÉRICLES ANTUNES BARREIRA, M.S.
HTTP://WWW.CONJUR.COM.BR/2016-JUN-
27/FALTA-ASSINATURA-TPI-JULGAR-CRIME-
COMECAR-GUERRA
HTTP://WWW.FOREIGNPOLICYJOURNAL.CO
M/2012/05/12/BUSH-CONVICTED-OF-WAR-
CRIMES-IN-ABSENTIA
HTTP://PFDC.PGR.MPF.MP.BR/ATUACAO-E-CONTEUDOS-DE
APOIO/LEGISLACAO/SEGURANCAPUBLICA/ESTATUTO_ROMA_TRIBUNAL
_PENAL_INTERNACIONAL.PDF

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Public International Law by Yury Fontão Vieira

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