International criminal law

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Jump to: navigation, search This article is about international criminal law and crimes against international law. For crimes that have actual or potential effect across national borders, see Transnational crime. International criminal law is a body of international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. Principally, it deals with genocide, war crimes, crimes against humanity as well as the War of aggression. This article also discusses crimes against international law, which may not be part of the body of international criminal law. "Classical" international law governs the relationships, rights, and responsibilities of states. Criminal law generally deals with prohibitions addressed to individuals, and penal sanctions for violation of those prohibition imposed by individual states. International criminal law comprises elements of both in that although its sources are those of international law, its consequences are penal sanctions imposed on individuals.

The International Criminal Court in The Hague

The Lebanon Tribunal in Leidschendam, Netherlands

History
Some precedents in international criminal law can be found in the time before the First World War. However, it was only after the war that a truly international criminal tribunal was envisaged to try perpetrators of crimes committed in this period. Thus, the Treaty of Versailles stated that an international tribunal was to be set up to try Wilhelm II of Germany. In the event however, the Kaiser was granted asylum in the Netherlands. After the Second World War, the Allied powers set up an international tribunal to try not only war crimes, but crimes against humanity committed under the Nazi regime. The Nuremberg Tribunal held its first session in 1945 and pronounced judgments on 30 September / 1 October 1946. A similar tribunal was established for Japanese war crimes (The International Military Tribunal for the Far East). It operated from 1946 to 1948. After the beginning of the war in Bosnia, the United Nations Security Council established the International Criminal Tribunal for the Former Yugoslavia (ICTY) in 1993 and, after the genocide in Rwanda, the International Criminal Tribunal for Rwanda in 1994. The International Law Commission had commenced preparatory work for the establishment of a permanent International Criminal Court in 1993; in 1998, at a Diplomatic Conference in Rome, the Rome Statute establishing the ICC was signed. The ICC issued its first arrest warrants in 2005.

Sources of International Criminal Law

See also: Sources of international law International criminal law is a subset of international law. As such, its sources are the same as those that comprise international law. The classical enumeration of those sources is in Article 38(1) of the 1946 Statute of the International Court of Justice and comprise: treaties, customary international law, general principles of law(and as a subsidiary measure judicial decisions and the most highly qualified juristic writings.) The ICC statute contains an analogous, though not identical, set of sources that the ICC may rely on.

The importance of prosecuting international crimes

The prosecution of severe international crimesincluding as genocide, crimes against humanity, and war crimesis a necessary to enforce international criminal law and deliver justice to victims. This is an important component of transitional justice, or the process of transforming societies into rights-respecting democracies and addressing past human rights violations. Investigations and trials of leaders who have committed crimes and caused mass political or military atrocities is a key demand of victims of human rights abuses. Prosecution of such criminals can play a key role in restoring dignity to victims, and restoring trusting relationships in society.[1]

The International Criminal Court, as described below, can play an important role in prosecuting international crimes in cases where domestic courts are unwilling or unable to do so.

Institutions of international criminal law

Today, the most important institution is the International Criminal Court (ICC), as well as several ad hoc tribunals:

International Criminal Tribunal for the former Yugoslavia International Criminal Tribunal for Rwanda

Apart from these institutions, some 'hybrid' courts and tribunals existjudicial bodies with both international and national judges. They are:

Special Court for Sierra Leone, (investigating the crimes committed the Sierra Leone Civil War) Extraordinary Chambers in the Courts of Cambodia, (investigating the crimes of the Red Khmer era) Special Tribunal for Lebanon, (investigating the assassination of Rafik Hariri) The War Crimes Court at Kosovo.[citation needed]

International Criminal Court

Main article: International Criminal Court The International Criminal Court (French: Cour Pnale Internationale; commonly referred to as the ICC or ICCt)[2] is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression (although it cannot currently exercise jurisdiction over the crime of aggression).[3][4] The court's creation perhaps constitutes the most significant reform of international law since 1945. It gives authority to the two bodies of international law that deal with treatment of individuals: human rights and humanitarian law. It came into being on 1 July 2002the date its founding treaty, the Rome Statute of the International Criminal Court, entered into force[5]and it can only prosecute crimes committed on or after that date.[6] The court's official seat is in The Hague, Netherlands, but its proceedings may take place anywhere.[7] As of July 2012, 121 states[8] are states parties to the Statute of the Court, including all of South America, nearly all of Europe and roughly half the countries in Africa.[9] A further 32 countries[8], including Russia, have signed but not ratified the Rome Statute[9]; one of them, Cte d'Ivoire, has accepted the Court's jurisdiction.[10] The law of treaties obliges these states to refrain from acts which would defeat the object and purpose of the treaty until they declare they do not intend to become a party to the treaty.[11] Three of these statesIsrael, Sudan and the United Stateshave informed the UN Secretary General that they no longer intend to become states parties and, as such, have no legal obligations arising from their former representatives' signature of the Statute.[9][12] 41 United Nations member states[8] have

neither signed nor ratified or acceded to the Rome Statute; some of them, including China and India, are critical of the Court.[13][14] The Palestinian National Authority, which neither is nor represents a United Nations member state, has formally accepted the jurisdiction of the Court.[15] On 3 April 2012, the ICC Prosecutor declared himself unable to determine that Palestine is a "state" for the purposes of the Rome Statute.[16] The court can generally exercise jurisdiction only in cases where the accused is a national of a state party, the alleged crime took place on the territory of a state party, or a situation is referred to the court by the United Nations Security Council.[17] It is designed to complement existing national judicial systems: it can exercise its jurisdiction only when national courts are unwilling or unable to investigate or prosecute such crimes.[18][19] Primary responsibility to investigate and punish crimes is therefore left to individual states.[20] To date, the Court has opened investigations into seven situations in Africa: the Democratic Republic of the Congo; Uganda; the Central African Republic; Darfur, Sudan; the Republic of Kenya; the Libyan Arab Jamahiriya and the Republic of Cte d'Ivoire.[21] Of these seven, three were referred to the Court by the states parties (Uganda, Democratic Republic of the Congo and the Central African Republic), two were referred by the United Nations Security Council (Darfur and Libya) and two were begun proprio motu by the Prosecutor (Kenya and Cte d'Ivoire[22]). It publicly indicted 28 people, proceedings against 22 of whom are ongoing. The ICC has issued arrest warrants for 19 individuals and summonses to nine others. Five individuals are in custody; one of them has been found guilty (with an appeal possible) while four of them are being tried. Nine individuals remain at large as fugitives (although one is reported to have died). Additionally, two individuals have been arrested by national authorities, but have not yet been transferred to the Court. Proceedings against six individuals have finished following the death of two and the dismissal of charges against the other four. As of March 2011, three trials against four people are underway: two trials regarding the situation in the Democratic Republic of the Congo and one trial regarding the Central African Republic. Another two people have been committed to a fourth trial in the situation of Darfur, Sudan. One confirmation of charges hearing (against one person in the situation of the DR Congo) is to start in July 2011 while two new cases (against a total of six persons in the situation of Kenya) will begin with the suspects' first appearances in April 2011.

International Criminal Tribunal for Rwanda

Main article: International Criminal Tribunal for Rwanda The International Criminal Tribunal for Rwanda (ICTR), or the Tribunal pnal international pour le Rwanda (TPIR), is an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to judge people responsible for the Rwandan Genocide and other serious violations of the international law in Rwanda, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.[23] In 1995 it became located in Arusha, Tanzania, under Resolution 977.[24] (From 2006, Arusha also became the location of the African Court on Human and Peoples' Rights). In 1998 the operation of the Tribunal was expanded in Resolution 1165.[25] Through several resolutions,

the Security Council called on the Tribunal to complete its investigations by end of 2004, complete all trial activities by end of 2008, and complete all work in 2012.[26] The tribunal has jurisdiction over genocide, crimes against humanity and war crimes, which are defined as violations of Common Article Three and Additional Protocol II of the Geneva Conventions (dealing with war crimes committed during internal conflicts). So far, the Tribunal has finished 50 trials and convicted 29 accused persons. Another 11 trials are in progress. 14 individuals are awaiting trial in detention; but the prosecutor intends to transfer 5 to national jurisdiction for trial. 13 others are still at large, some suspected to be dead.[27] The first trial, of Jean-Paul Akayesu, began in 1997. Jean Kambanda, interim Prime Minister, pleaded guilty. According to the ICTR's Completion Strategy, in accordance with Security Council Resolution 1503, all first-instance cases were to have completed trial by the end of 2008 (this date was later extended to the end of 2009[28]) On 1 July 2012, an International Residual Mechanism for Criminal Tribunals will begin functioning with respect to the work begun by the ICTR. The ICTR has been called upon by the United Nations Security Council to finish its work by 31 December 2014 and to prepare its closure and transition of cases to the Mechanism.

International Criminal Tribunal for the former Yugoslavia

Main article: International Criminal Tribunal for the former Yugoslavia The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY, is a body of the United Nations established to prosecute serious crimes committed during the wars in the former Yugoslavia, and to try their perpetrators. The tribunal is an ad hoc court which is located in The Hague, the Netherlands. The Court was established by Resolution 827 of the United Nations Security Council, which was passed on 25 May 1993. It has jurisdiction over four clusters of crime committed on the territory of the former Yugoslavia since 1991: grave breaches of the Geneva Conventions, violations of the laws or customs of war, genocide, and crime against humanity. The maximum sentence it can impose is life imprisonment. Various countries have signed agreements with the UN to carry out custodial sentences. The last indictment was issued 15 March 2004. The Tribunal aims to complete all trials by the middle of 2011 and all appeals by 2013, with the exception of Radovan Karadi whose trial is expected to end in 2012 and the appeal to be heard by February 2014.[29] Goran Hadi has been charged, however is still at large and thus do not fall within the court's completion strategy.[30] On 1 July 2013, an International Residual Mechanism for Criminal Tribunals will begin functioning with respect to the work begun by the ICTY. The ICTY has been called upon by the United Nations Security Council to finish its work by 31 December 2014 and to prepare its closure and transition of cases to the Mechanism.