International Criminal Law Study Notes

INTERNATIONAL CRIMINAL LAW

Course Information

  • Location: Santiago, Chile
  • Dates: 24 April – 19 May 2017
  • Instructor: Judge Kevin Riordan, Codification Division of the United Nations Office of Legal Affairs
  • Copyright: United Nations, 2017

Outline of Legal Instruments and Documents

  1. Affirmation of the Principles of International Law Recognized by the Charter of the Nuremberg Tribunal

    • Source: United Nations General Assembly resolution 95 (I) of 11 December 1946

  2. Convention on the Prevention and Punishment of the Crime of Genocide

    • Year Adopted: 1948

  3. International Convention on the Suppression and Punishment of the Crime of Apartheid

    • Year Adopted: 1973

  4. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

    • Year Adopted: 1984
    • Reference: The Core International Human Rights Treaties, Office of the High Commissioner for Human Rights, United Nations, 2014, p. 181

  5. United Nations Security Council Resolution 827

    • Date: 25 May 1993

  6. United Nations Security Council Resolution 955

    • Date: 8 November 1994

  7. Rome Statute of the International Criminal Court

    • Year Adopted: 1998
    • Reference: Core Legal Texts of the International Criminal Court

  8. Rules of Procedure and Evidence of the International Criminal Court

    • Year Adopted: 2002
    • Reference: Core Legal Texts of the International Criminal Court

  9. Elements of Crimes

    • Reference: Core Legal Texts of the International Criminal Court

  10. Amendments to Article 8 of the Rome Statute

    • Resolution: Resolution RC/Res.5, Assembly of States Parties to the Rome Statute of the International Criminal Court
    • Date: Kampala, 10 June 2010

  11. The Crime of Aggression

    • Resolution: Resolution RC/Res.6, Assembly of States Parties to the Rome Statute of the International Criminal Court
    • Date: Kampala, 11 June 2010

  12. Agreement between the United Nations and the Government of Sierra Leone

    • Subject: Establishment of a Special Court for Sierra Leone
    • Year Adopted: 2002

  13. United Nations Security Council Resolution 1400

    • Date: 28 March 2002

  14. Law on the Establishment of Extraordinary Chambers in the Courts of Cambodia

    • Subject: Prosecution of Crimes Committed During the Period of Democratic Kampuchea
    • Inclusion: Amendments promulgated on 27 October 2004, NS/RKM/1004/006

  15. Case Law

    • Prosecutor v. Jean-Pierre Bemba Gombo: ICC, Trial Chamber III, Judgment pursuant to Article 74 of the Statute, 21 March 2016 (summary)
    • Prosecutor v. Jean-Pierre Bemba Gombo: ICC, Trial Chamber III, Decision on Sentence pursuant to Article 76 of the Statute, 21 June 2016

  16. Prosecutor v. Germain Katanga: ICC, Appeals Chamber Panel, Decision on the review concerning reduction of sentence, 13 November 2015

Recommended Further Readings: Electronic Format

  • Legal Instruments and Documents
    • Statute of the International Criminal Tribunal for the former Yugoslavia (as amended): 1993
    • Rules of Procedure and Evidence of the International Criminal Tribunal for the former Yugoslavia (as amended): 2010
    • United Nations Security Council Resolution 1966: 22 December 2010
    • Regulation No. 2000/15 on the Establishment of Panels with Exclusive Jurisdiction over Serious Criminal Offences: United Nations Transitional Administration in East Timor, UNTAET/REG/2000/15, 6 June 2000
    • Agreement between the United Nations and the Lebanese Republic on the establishment of a Special Tribunal for Lebanon (with Statute): 30 May 2007
    • Case Law including:
      • Prosecutor v. Zejnil Delalić et al., ICTY, 16 November 1998 (“Čelebići”) (summary)
      • Arrest Warrant of 11 April 2000, Democratic Republic of the Congo v. Belgium, Judgment, I.C.J. Reports 2002, p. 3
      • Prosecutor v. Duško Tadić, ICTY Appeals Chamber, 2 October 1995 (Decision on the Defence Motion for Interlocutory Appeal on Jurisdiction)
      • Prosecutor v. Jean-Paul Akayesu, ICTR, 2 September 1998
      • Prosecutor v. Anto Furundžija, ICTY, 10 December 1998
      • Prosecutor v. Zejnil Delalić et al., ICTY Appeals Chamber, 20 February 2001 (“Čelebići”)
      • Prosecutor v. Dario Kordić and Mario Čerkez, ICTY, 26 February 2001
      • Prosecutor v. Enver Hadžihasanović and Amir Kubura, ICTY Appeals Chamber, 22 April 2008
      • Prosecutor v. Alfred Musema, ICTR, 27 January 2000
      • Prosecutor v. Thomas Lubanga Dyilo, ICC, 14 March 2012
      • Prosecutor v. Ante Gotovina and Mladen Markać, ICTY Appeals Chamber, 16 November 2012
      • Prosecutor v. Mathieu Ngudjolo Chui, ICC, 18 December 2012

Course Description

  • Focus: The course will examine the four crimes most generally recognized as comprising international criminal law: genocide, war crimes, crimes against humanity, and aggression.
  • Jurisprudence of International Criminal Tribunals: The Nuremberg, Tokyo, Rwanda, and former Yugoslavia tribunals will be analyzed.
  • Hybrid Tribunals: More recent hybrid tribunals will be considered.
  • Rome Statute of the International Criminal Court: Discussion centered on the crimes outlined in the Statute.

Objectives

  • Post-Course Proficiency: Students should demonstrate an understanding of the principles underlying international criminal law and the ability to apply these principles to contemporary issues of international concern.

Course Content

  • Course Topics:
    1. Sources and principles of international criminal law
    2. Concept of international criminal responsibility (individual responsibility, joint criminal enterprise, command responsibility)
    3. Aggression (crimes against peace)
    4. Crimes against humanity
    5. Genocide
    6. War crimes
    7. Defenses and excuses in international criminal law (including superior orders)
    8. Perspectives and discussions in international criminal law

Affirmation of Principles of International Law

  • Source: United Nations General Assembly Resolution 95 (I), 11 December 1946
    • Requests the Secretary-General to provide necessary assistance for the Committee’s work.
    • Recognizes the obligation to promote the progressive development and codification of international law.
    • Affirms principles recognized in the Charter of the Nuremberg Tribunal.
    • Directs the Committee to prioritize plans for formulating offences against the security of mankind in an International Criminal Code.

Crime of Genocide

  • Definition:
    • Genocide is defined as the denial of the right to existence of entire human groups, just as homicide denies the right of life to individuals.
    • This denial shocks the moral conscience of humanity.

Convention on the Prevention and Punishment of the Crime of Genocide (1948)

  • Article I:

    • Recognizes genocide as a crime under international law, punishable whether committed in peace or war.

  • Article II:

    • Defines genocide as acts committed with intent to destroy, in whole or in part, national, ethnical, racial, or religious groups, including:
      • (a) Killing group members
      • (b) Causing serious bodily or mental harm
      • (c) Inflicting conditions of life calculated to bring about group destruction
      • (d) Preventing births
      • (e) Forcibly transferring children

  • Article III:

    • Enumerates punishable acts: genocide, conspiracy, incitement, attempt, complicity.

  • Article IV:

    • Holds all perpetrators responsible regardless of their position.

  • Article V:

    • Mandates states to legislate to implement the convention.

  • Article VI:

    • Mandates trials in competent national or international tribunals.

  • Article VII:

    • States that genocide is not a political crime for extradition.

  • Article VIII:

    • Allows request for UN action to suppress genocide.

  • Article IX:

    • Disputes to be submitted to the International Court of Justice.

  • Article X:

    • Authentically applicable in multiple languages, with provisions for signature and ratification.

International Convention on the Suppression and Punishment of the Crime of Apartheid (1973)

  • Article I:
    • Declares apartheid a crime against humanity, highlighting racial domination.
  • Article II:
    • Lists inhuman acts that constitute apartheid for prosecution.
  • Article III:
    • Jurisdiction applies to individuals acting on behalf of state authorities in crimes against humanity.

United Nations Security Council Resolutions

Resolution 827 (1993)
  • Establishes an international tribunal for prosecuting violations of international humanitarian law in former Yugoslavia.
Resolution 955 (1994)
  • Establishes an international tribunal for Rwanda, addressing genocide and related abuses.
Resolution 1400 (2002)
  • Extends the mandate of the United Nations Mission in Sierra Leone to support the peace process and establish the Special Court for Sierra Leone.

Law on the Establishment of Extraordinary Chambers in Cambodia (2004)

  • Establishes chambers aimed at prosecuting crimes during the Khmer Rouge era (1975-1979), including genocide and crimes against humanity.
  • Jurisdiction defined includes potential crimes perpetrated by leaders of Democratic Kampuchea and significant violations of law.

Conclusion

  • This course presents an exhaustive study of the framework for international criminal law. It examines key legal instruments, the principles underlying international justice, case law, and historic tribunals, providing students with both theoretical and practical understanding. This knowledge equips them to engage critically with issues surrounding complex global justice matters.