Study Notes: Unit- IV International Criminal Court (ICC)

1. Rome Conference (1998)

 The Rome Conference was held to draft and adopt the Rome Statute, which
established the ICC.
 Participating nations negotiated to create a permanent international court to prosecute
individuals for genocide, crimes against humanity, war crimes, and the crime of
aggression.
 Adopted on 17 July 1998, the Rome Statute came into effect on 1 July 2002 after 60
countries ratified it.

2. Negotiations

 Key debates included:

o Defining crimes under ICC jurisdiction.
o Balancing state sovereignty with international accountability.
o Establishing a complementary system where national courts retain primary
jurisdiction.
o Voting mechanisms for decisions, with emphasis on consensus-building.

3. Assembly of States Parties (ASP)

 A governing body consisting of representatives from ICC member states.

 Responsibilities:
o Electing judges and prosecutors.
o Approving the ICC budget.
o Amending the Rome Statute.
 ASP meetings provide oversight and ensure the ICC remains accountable to its
member states.

4. Crimes within the Jurisdiction of the ICC

The ICC prosecutes the following crimes:

 Genocide: Acts intended to destroy, in whole or in part, a national, ethnic, racial, or

religious group.
 Crimes Against Humanity: Widespread or systematic attacks against civilians,
including murder, enslavement, torture, and sexual violence.
 War Crimes: Grave breaches of the Geneva Conventions, such as targeting civilians,
child soldier recruitment, and inhumane treatment.
 Crime of Aggression: Planning, preparation, initiation, or execution of an act of
aggression by a state.

5. The Rome Statute

 The treaty that established the ICC, defining its structure, jurisdiction, and
functioning.
 Composed of:
 o Preamble: Establishes the ICC's purpose to end impunity for serious
international crimes.
o Parties: Defines roles, rights, and obligations of member states.
o Complementarity Principle: ICC intervenes only when national jurisdictions
fail to act.

6. Membership

 As of now, 123 countries are members of the ICC.

 Key non-members include major powers like the USA, China, and India, citing
concerns about sovereignty and political misuse.

7. Complementarity

 National courts have primary jurisdiction.

 ICC steps in only when:
o A state is unwilling or unable to prosecute.
o The judicial system is inactive or biased.

8. Enforcement of ICC Decisions

 The ICC does not have its own police force; it relies on member states to:
o Arrest and transfer suspects.
o Execute sentences.
o Freeze assets and provide evidence.
 Challenges arise when states refuse to cooperate, as the ICC lacks coercive power.

Case Study: The Prosecutor vs. Thomas Lubanga Dyilo

Who was Thomas Lubanga Dyilo?

 Thomas Lubanga was a rebel leader from the Democratic Republic of Congo.
 He led a group called the Union of Congolese Patriots (UPC), active during the Ituri
conflict in the early 2000s.

What was he accused of?

 Lubanga was charged with two main crimes:

1. Recruiting children under 15 years old into his armed group.
2. Using these children as soldiers in violent conflicts.

What happened during the trial?

 The case started in 2006 and ended in 2012.

 The ICC used strong evidence, including:
o Videos showing children training with guns.
o Testimonies from former child soldiers describing how they were forced to
fight.
 Some problems arose:
 o Witnesses were threatened, making them afraid to testify.
o Questions were raised about the reliability of some evidence.

What was the verdict?

 In March 2012, the ICC found Lubanga guilty of war crimes.

 He was sentenced to 14 years in prison. Since he had already spent 6 years in jail
during the trial, this time was subtracted, leaving him with 8 years to serve.

Why is this case important?

1. First ICC Conviction: It was the first time the ICC convicted anyone since its
creation.
2. Focus on Child Soldiers: The case highlighted the abuse of children in war and sent
a message that such acts would not go unpunished.
3. Challenges of the ICC: It showed how hard it is for the ICC to get witnesses and
enforce decisions when some countries do not fully cooperate.

This case remains a landmark in international law for protecting children and holding war
criminals accountable.

Study Notes: UNIT -V Types of International Crime

1. Genocide

 Definition: Genocide is the intentional destruction, in whole or in part, of a national,

ethnic, racial, or religious group.
 Acts that Constitute Genocide:
1. Killing members of the group.
2. Causing serious bodily or mental harm.
3. Inflicting conditions of life aimed at destroying the group.
4. Preventing births within the group.
5. Forcibly transferring children to another group.
 Legal Framework:

o Defined in the 1948 Convention on the Prevention and Punishment of the

Crime of Genocide.
o Recognized as a crime under the Rome Statute of the ICC.
 Examples:
o Holocaust (World War II).
o Rwandan Genocide (1994).
o Bosnian Genocide (1992–1995).

2. War Crimes
  Definition: Serious violations of the laws and customs of war, which cause
unnecessary suffering to civilians or combatants.
 Acts that Constitute War Crimes:
1. Targeting civilians intentionally.
2. Killing prisoners of war.
3. Using banned weapons (e.g., chemical weapons).
4. Attacking hospitals, schools, and humanitarian aid workers.
 Legal Framework:

o Governed by the Geneva Conventions and their Additional Protocols.

o Prosecuted under the Rome Statute.
 Examples:
o My Lai Massacre during the Vietnam War.
o Crimes in Syria (2011-present).
o Russian actions in Ukraine (allegations of targeting civilians and hospitals).

3. Crimes Against Humanity

 Definition: Widespread or systematic attacks directed against civilians, often during

peace or war.
 Acts that Constitute Crimes Against Humanity:
1. Murder, extermination.
2. Enslavement, deportation, or forcible transfer of population.
3. Torture, rape, sexual slavery, and enforced disappearances.
4. Apartheid or persecution based on political, racial, or religious grounds.
 Legal Framework:

o First defined during the Nuremberg Trials.

o Codified in the Rome Statute.
 Examples:
o Apartheid in South Africa.
o Ethnic cleansing in the former Yugoslavia.
o ISIS atrocities in Iraq and Syria.

4. The Crime of Aggression

 Definition: The use of armed force by one state against the sovereignty, territorial
integrity, or independence of another state.
 Examples of Aggression:
o Invasions.
o Bombardments.
o Blockades of ports or coasts.
o Supporting armed groups to attack another state.
 Legal Framework:
o Defined in Article 8 bis of the Rome Statute (amendment effective 2018).
 o Requires ICC approval to prosecute acts of aggression, with limitations
imposed by the UN Security Council.
 Examples:
o Iraq's invasion of Kuwait (1990).
o Russia's invasion of Ukraine (2022).

Case Study 1: Nuremberg Trials

Background

 Held in Nuremberg, Germany after World War II (1945–1946).

 Prosecuted Nazi leaders for their roles in the Holocaust, aggression, and other crimes.

Charges Brought:

1. Crimes Against Peace: Planning and waging wars of aggression.

2. War Crimes: Violations of the laws of war.
3. Crimes Against Humanity: Systematic extermination of Jews, Romani, and others
during the Holocaust.

Key Outcomes:

 24 Nazi officials were tried:

o 12 received death sentences.
o Others received long prison sentences or were acquitted.
 Established legal principles:
o Individuals can be held accountable for international crimes.
o “Following orders” is not a defense for committing atrocities.

Significance:

 Set a precedent for modern international criminal law.

 Led to the creation of tribunals for crimes in Rwanda and Yugoslavia, and later the
ICC.

Case Study 2: Russia and Ukraine (2022–Present)

Background:

 In February 2022, Russia launched a large-scale invasion of Ukraine.

 Allegations of international crimes include:
1. War Crimes:
 Targeting civilians and civilian infrastructure, such as hospitals and
schools.
 Executions and torture of prisoners.
 2. Crimes Against Humanity:
 Forcible deportation of Ukrainian civilians, including children.
3. Genocide:
 Ukraine accuses Russia of attempting to destroy the Ukrainian national
identity.

Legal Developments:

 The ICC is investigating war crimes and crimes against humanity committed in
Ukraine.
 Several nations and international bodies have condemned Russia's actions and
imposed sanctions.
 Russia’s non-membership in the ICC complicates enforcement, as the ICC relies on
state cooperation.

Significance:

 Highlights challenges in prosecuting powerful nations.

 Raises questions about enforcing accountability and upholding international law in
active conflicts.

Conclusion

International criminal law provides a framework for addressing the gravest crimes against
humanity. Through cases like the Nuremberg Trials and ongoing conflicts like Russia-
Ukraine, it aims to ensure accountability, deter future crimes, and uphold global peace.
However, enforcement challenges and political considerations often hinder its effectiveness.

{Misc.}

ICJS (International Criminal Justice System) and the Geneva Conventions

The International Criminal Justice System (ICJS) and the Geneva Conventions work
together to uphold international law and ensure accountability for violations during conflicts.
While the Geneva Conventions establish the humanitarian rules for armed conflicts, the ICJS
provides mechanisms to prosecute those who violate these rules.

The Geneva Conventions and Their Role

 The Geneva Conventions (1864–1949) are the foundation of international

humanitarian law.
 They protect individuals who are not participating in hostilities, such as:
o Civilians.
o Wounded and sick soldiers.
o Prisoners of war.
 o Medical personnel and humanitarian workers.
 Violations of these conventions, such as targeting civilians or torturing prisoners,
constitute war crimes.

ICJS: Prosecution and Enforcement

The ICJS is a system of international tribunals and courts that prosecute individuals
responsible for international crimes, including violations of the Geneva Conventions. Key
components of the ICJS include:

1. International Criminal Court (ICC)

 Established by the Rome Statute in 2002.

 Jurisdiction over:
o Genocide.
o Crimes against humanity.
o War crimes (including violations of the Geneva Conventions).
o Crimes of aggression.
 Example: Prosecutions for the recruitment of child soldiers (e.g., Thomas Lubanga
Dyilo case).

2. Ad Hoc Tribunals

 Created for specific conflicts to address war crimes and violations of the Geneva
Conventions.
 Examples:
o International Criminal Tribunal for Rwanda (ICTR): Prosecuted those
responsible for the Rwandan Genocide.
o International Criminal Tribunal for the Former Yugoslavia (ICTY):
Tried war criminals from the Yugoslav Wars.

3. Hybrid Courts

 Combine international and domestic law.

 Example: Special Court for Sierra Leone, which prosecuted violations of the
Geneva Conventions during the Sierra Leone Civil War.

4. Universal Jurisdiction

 Some countries prosecute war crimes under universal jurisdiction, regardless of

where the crime occurred or the nationality of the perpetrator.
 Example: Germany prosecuting Syrian officials for torture during the Syrian conflict.
Connection Between ICJS and the Geneva Conventions

1. Accountability for War Crimes:

o The ICJS ensures that violations of the Geneva Conventions are prosecuted as
war crimes.
o Example: Targeting civilians, a violation under the Fourth Geneva
Convention, can lead to ICC prosecution.
2. Reinforcement of International Law:
o The ICJS upholds the principles of the Geneva Conventions by holding
perpetrators accountable.
o Ensures compliance with rules during armed conflicts.
3. Protection of Victims:
o The Geneva Conventions safeguard the rights of victims.
o The ICJS provides a platform for justice and reparations.

Challenges

1. Enforcement Issues:
o The ICC relies on member states to arrest suspects. Non-cooperation,
especially by powerful states, weakens enforcement.
o Example: Countries refusing to extradite accused war criminals.
2. Political Influence:
o States often politicize international justice, impacting the ICJS's impartiality.
o Example: Allegations of bias in prosecuting African leaders more than others.
3. Non-Recognition of ICC:
o Countries like the USA, China, and India are not ICC members, limiting the
ICJS's global reach.

Case Studies

1. Nuremberg Trials:
o Tried Nazi leaders for war crimes, crimes against humanity, and crimes
against peace.
o Set a precedent for prosecuting violations of humanitarian law.
2. Russia-Ukraine Conflict:
o Alleged violations of the Geneva Conventions by Russia:
 Targeting civilians and civilian infrastructure.
 Torture and unlawful deportation of Ukrainian civilians.
o The ICC is investigating these actions as potential war crimes.

Conclusion
  The Geneva Conventions provide the legal framework for protecting individuals
during war, while the ICJS enforces these protections through prosecutions.
 Together, they uphold accountability and ensure that those responsible for the gravest
crimes face justice. However, challenges in enforcement and political dynamics often
limit their effectiveness.

Unit VI - Witnesses: Terrorism

1. Introduction to Terrorism under International Criminal Law

 Terrorism involves unlawful acts of violence or threats aimed at creating fear,

intimidating societies, or advancing political, religious, or ideological goals.
 International law treats terrorism as a grave crime because it targets innocent
civilians and undermines international peace and security.
 The United Nations and various national and international legal frameworks work
together to combat terrorism.

2. Definition of Terrorism

 There is no single, universally accepted definition of terrorism in international law.

However, terrorism is commonly defined as:
o Acts of violence aimed at causing fear or terror in the public.
o Targeting civilians, infrastructure, and other non-combatants.
o Motivated by political, ideological, or religious purposes.

The lack of a clear, unified definition poses challenges in prosecuting terrorism cases
under international law.

3. The Role of the United Nations in Countering Terrorism

 The United Nations plays a pivotal role in coordinating international efforts against
terrorism. It has:
o Adopted multiple resolutions and conventions to prevent and combat
terrorism.
o Established the Counter-Terrorism Committee to assist states in
implementing measures to combat terrorism.
o Promotes international cooperation and capacity-building to enhance states'
ability to counter terrorism.
 Key UN instruments include:

o UN Security Council Resolutions (e.g., 1373, 1540).

o International Conventions and Protocols on the suppression of terrorism.

4. Specialized Conventions

 Over time, the UN has developed specialized conventions aimed at addressing

specific forms of terrorism:
o The 1979 International Convention against the Taking of Hostages.
o The 1997 International Convention for the Suppression of Terrorist
Bombings.
o The 2005 International Convention for the Suppression of Acts of Nuclear
Terrorism.

These conventions oblige states to criminalize specific acts of terrorism and cooperate
in the prosecution and extradition of terrorists.

5. The Special Tribunal for Lebanon

 The Special Tribunal for Lebanon (STL) is a hybrid international tribunal

established in 2009 to prosecute those responsible for the assassination of former
Lebanese Prime Minister Rafik Hariri in 2005.
 The tribunal was set up as a response to:
o The terrorist nature of the assassination.
o The political sensitivity of the case and the need for international involvement.
o It has a mix of international and Lebanese judges.
 The STL operates under international law but has a strong connection to the national
legal framework of Lebanon.

6. Protecting Human Rights While Countering Terrorism

 While countering terrorism, human rights protection is critical:

o Balancing Security and Freedom: Governments must not violate human
rights (e.g., torture, unlawful detention) in the name of counterterrorism.
o International law prohibits actions like torture, arbitrary detention, and
extrajudicial killings, even in the fight against terrorism.

Some key principles include:

o Proportionality: Measures taken must not be excessive.

 o Non-Discrimination: Anti-terrorism measures should not target specific racial
or religious groups.
o Due Process: Terrorism suspects should be treated fairly and given access to
legal representation.

7. State-Sponsored Terrorism

 State-sponsored terrorism refers to the support by governments of terrorist groups

or activities.
 States may provide financial, logistical, or military support to groups that carry out
acts of terrorism.

Examples:

o Iran has been accused of supporting Hezbollah, a terrorist group in Lebanon.

o Pakistan has been criticized for supporting militant groups in Kashmir and
Afghanistan.

International efforts to curb state-sponsored terrorism include sanctions, diplomatic

pressure, and prosecuting individuals involved in state sponsorship of terrorism.

8. Terrorism as an Organized Crime

 Terrorism as an organized crime refers to the fact that terrorist groups often
function similarly to criminal organizations:
o They engage in money laundering, drug trafficking, arms smuggling, and
other illegal activities to fund their operations.
o Many terrorist groups use terrorist tactics to achieve criminal objectives,
such as extortion or control of territory.

The overlap between terrorism and organized crime complicates legal responses, as
law enforcement and judicial systems need to address both criminal activities and
terrorist actions simultaneously.

Unit I - Fundamentals of International Criminal Justice

1. Introduction to International Criminal Justice

  International Criminal Justice (ICJ) refers to the body of law, processes, and institutions that
seek to hold individuals criminally accountable for crimes that impact international peace
and security, such as war crimes, genocide, crimes against humanity, and terrorism.
 The primary aim is to prevent impunity for grave crimes and ensure justice for victims,
promoting peace and security globally.

2. Transitional Justice and International Criminal Law

 Transitional Justice focuses on measures adopted in post-conflict or post-repression

situations to address past human rights violations.
o Key features: Accountability, truth, reparations, and reforms.
o Often implemented through truth commissions, criminal trials, and reparations for
victims.
 International Criminal Law (ICL) deals with the prosecution and punishment of individuals
who commit serious crimes that affect international relations, as outlined in the Rome
Statute of the International Criminal Court (ICC).

3. Historical Developments

 Development of International Criminal Law evolved from early efforts to regulate the
conduct of war to modern institutions like the ICC.

4. Nineteenth Century Developments

 The concept of international criminal law emerged with the Hague Conventions (1899 and
1907), which laid the foundations for regulating conduct during armed conflicts.
o The 1899 Hague Convention: Introduced rules to protect prisoners of war, prohibit
the use of certain types of weapons, and set standards for humane treatment during
wartime.
o These developments were primarily focused on the conduct of states and the
protection of combatants rather than individual criminal responsibility.

5. Developments in the Twentieth Century

Aftermath of World War I

 The Treaty of Versailles (1919) and the League of Nations sought to establish post-WWI
peace.
 The Nuremberg Trials (1945-1949), which occurred after WWII, were pivotal in the
development of modern international criminal law.
o They were the first trials to hold individuals accountable for crimes against
humanity, war crimes, and genocide.
 o Established the principle of individual criminal responsibility—individuals could be
prosecuted for crimes, even if acting under the orders of a state.

The United Nations and Ad Hoc Criminal Tribunals

 The United Nations played a key role in establishing international criminal tribunals for
specific conflicts, such as:
o International Criminal Tribunal for the former Yugoslavia (ICTY) – 1993.
o International Criminal Tribunal for Rwanda (ICTR) – 1994.
 These tribunals were ad hoc, created specifically to address particular conflicts and crimes in
a specific time and place.
o They marked a significant step in the development of international criminal justice.

6. International Criminal Law During the Cold War

 During the Cold War (1947-1991), international criminal law faced challenges due to the
ideological rivalry between the USA and USSR.
o The United States and Soviet Union used political influence to shape global legal
frameworks and often avoided or hindered prosecution of war crimes committed by
their own or allied forces.
 The Cold War limited international cooperation on issues such as human rights, with global
powers prioritizing national security and political interests over global justice.

7. International Criminal Law During the Second World War

 World War II (1939-1945) was the catalyst for the modern framework of international
criminal law.
o The Nuremberg Trials (1945-1949) and Tokyo Trials (1946-1948) were established to
prosecute Nazi war criminals and Japanese war criminals.
o These tribunals set important precedents:
 War crimes: Violations of the laws of war (e.g., targeting civilians, prisoners
of war).
 Crimes against humanity: Atrocities such as genocide and systematic
enslavement, including the Holocaust.
 The principle of individual responsibility: Leaders, military personnel, and
civilians could be prosecuted for actions during wartime.

Key Takeaways

 International criminal law has developed over centuries, evolving from limited regulations
on war conduct to a comprehensive system for prosecuting individuals who commit serious
international crimes.
 The Nuremberg Trials and later UN ad hoc tribunals were critical steps in establishing
individual accountability for grave crimes.
 Transitional justice processes are important for post-conflict societies, combining criminal
justice with peacebuilding efforts to address past human rights abuses.