International Law Outline

Statute of the International Criminal Court

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Statute of the International Criminal Court – 1998 (622)

  1. BROAD definition of CAH

    1. In some way, compensating for NARROW view of Genocide

  2. No longer linked to armed conflict, not even linked to GOVERNMENT action

  • Role of International Criminal Tribunal

    1. UN acting under Chapter VII – still have HUGE problems getting domestic cooperation with carrying out arrest warrants, producing witness subpoenas, orders for gov’t to produce evidence, access.

    2. Jurisdiction limited

      1. Subject-matter – traditional crimes

      2. Temporally

      3. Geographically

    3. Nexus to International Human Rights

      1. Official mandate – HUMANITARIAN law, judges regard HR as part of the mandate.

        1. Due Process?

          1. Very little coverage of due process at Nuremberg

          2. Cite decisions of UN HRC, ECHR, IACHR

            1. Due process

            2. Issues of fair trial

          3. Early on, naïve hope that Hague/Geneva Convention and commentaries would supply corpus of international criminal law

            1. Instead, painful slow process of creation USING judicial gloss to int’l humanitarian law norms

            2. BUT, now have created viable, credible body of int’l criminal humanitarian law, accepted by academic community

      2. Helps develop aspects of int’l HR law that hold INDIVIDUALS accountable

    4. Legitimacy

      1. Relationship to Customary International Law

        1. Very respectful of customary int’l law – want to ensure not punish for something not a crime at time of commission (norm against retroactive punishment)

          1. Decide every case to apply not only statute, but customary law

            1. This avoids tricky questions

          2. Nullem crimen sine lege, nulla poena sine lege – no crime w/o law, no punishment w/o law

            1. Constitutional prohibitions on ex post facto laws, rules of judicial construction, Int’l HR treaties rules, etc.

        2. By this point, many of the main issues have been decided. Built up enough precedent.

      2. Directory: sites -> default -> files -> upload documents
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