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International Criminal

Court (ICC)
CLN 4U

Learning goals
By the end of this lesson you should be able to:
Identify International crimes that would be heard in an International
court
Describe the purpose/role of International Courts
Explain why an International court is necessary

What are the core crimes in


International Law?

Principle of Universal Jurisdiction


All states have a legitimate interest in prosecuting
perpetrators of core international crimes, regardless of where
they are committed, by whom and against whom

Rome Statute for the ICC


Adopted in 1998 and entered into force on July 1, 2002
Today there are 123 states
Establishes a permanent tribunal to prosecute violations of the
most serious crimes of international concern
ICC is located in the Hague

Why is the ICC so important?


deter future war criminals
promote universal justice
end impunity
help end conflicts
remedy deficiencies of ad hoc tribunals
complement national judicial systems

ICJ is the legal organ of the UN


On the recommendation of the SC the GA elects 15 judges to this
court
Purpose is to settle disputes among member states and render
opinions in the form of advisories on behalf of the UN
Participation is voluntary, however once an member agrees to
participate that member is obligated to comply with whatever
decision is made by the ICJ
The court does not hear cases relating to individual citizens

What sources of Law would be


included?
Treaties
Customary International Law

These are areas that have


to be abided by the
International community

United Nations Security Council


Domestic Law and General Principles of Law
Jurisprudence

Lets Define!
Elements of Crimes
act or omission
intent or knowledge

Defenses?
Military necessity NO
Mistake of fact Maybe, possible mitigation
Mistake of law NO
Duress Maybe, possible mitigation
Reprisal NO
Superior orders Maybe, possible mitigation

What are some alternatives to Criminal


Trials?
Truth & Reconciliation
Alternative to Punishment
Reparation
Amnesty

What do you think?


HOW WOULD YOU CLASSIFY THE MASSACRE OF THE NEARLY 1 MILLION ETHNIC
TUTSIS THAT OCCURRED IN RWANDA IN 1994 AT THE HANDS OF THE HUTU ETHNIC
GROUP? AS A WAR CRIME, A CRIME AGAINST HUMANITY OR GENOCIDE?

Genocide because
- Identification of a group based on nationality, race, ethnicity or religion
- Intention to partially or totally destroy the group; and
- Commission of any of the acts in the definition against the group
- * The acts may take place in times of war or peace

What do you think?


CAN CRIMES AGAINST HUMANITY BE COMMITTED BOTH IN TIMES OF PEACE
AND WAR?

As part of a widespread or systematic attack directed against a


civilian population; and
Pursuant to or in furtherance of a State or organisational policy
to commit such attack
Can happen at times of peace and war whats happening in
North Korea

What do you think?


IS IT A WAR CRIME TO VOLUNTARILY CONSCRIPT OR ENLIST A 16 YEAR-OLD
CHILD TO PARTICIPATE ACTIVELY IN HOSTILITIES?
Child soldier prevention act provides protection for anyone under the age of 18

What do you think?


IS IT A WAR CRIME FOR PARTIES TO ARMED CONFLICT TO USE CHILDREN AS
MESSENGERS, EVEN IF THEY JOIN VOLUNTARILY?