International criminal law
Encyclopedia
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.
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.
, 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.
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.
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.
(ICC), as well as several ad hoc tribunals:
Apart from these institutions, some 'hybrid' courts and tribunals exist—judicial bodies with both international and national judges. They are:
to prosecute individuals for genocide
, crimes against humanity
, war crime
s, and the crime of aggression (although it cannot currently exercise jurisdiction over the crime of aggression).
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 2002—the date its founding treaty
, the Rome Statute of the International Criminal Court
, entered into force—and it can only prosecute crimes committed on or after that date. The court's official seat is in The Hague
, Netherlands
, but its proceedings may take place anywhere.
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
. 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. Primary responsibility to investigate and punish crimes is therefore left to individual states.
To date, the Court
It
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.
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.
In 1995 it became located in Arusha
, Tanzania
, under Resolution 977
. (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
. 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.
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. 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)
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.
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 Karadžić
whose trial is expected to end in 2012 and the appeal to be heard by February 2014. Goran Hadžić
has been charged, however is still at large and thus do not fall within the court's completion strategy.
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.
, genocide
and crimes against humanity committed either in the United Kingdom
or by United Kingdom nationals
abroad can be prosecuted but, as a dualist nation
, other prosecutions can only be mounted where the United Kingdom has acceded to the Treaties and Conventions that create the offences including: war crimes, torture
, and enslavement and forced labour offences. The criminal jurisdiction is presumed territorial in the absence of express words and based on the presence of the accused within the jurisdiction. There are a number of statutes that impose criminal liability on UK and/or non-UK nationals who commit particular acts outside the jurisdiction, but this can only be exercised where the individual is present or visits the United Kingdom, otherwise the United Kingdom government
would need to seek extradition
from the state in which he is located.
that unless a contrary intention appears, the word "person" includes any body of persons corporate or unincorporated. Thus, once the principle of corporate liability
for the form of legal entity is accepted, the entity can be charged with any international offence no matter where it was committed in the same way as a natural person.
arising out of an international crime committed outside the jurisdiction so long as there is some real connection with the UK (see forum shopping
and forum non conveniens
). This liability is usually based on some activity committed within the jurisdiction or on the fact that profits from the tortious activity have been received within the jurisdiction. Similarly, most breaches of international human rights
would be tortious, e.g. torture could be trespass to the person, etc. Civil proceedings may be served on a person who is physically present within the jurisdiction, even if only temporarily. Proceedings may also be served outside the jurisdiction with the permission of the court. This will be usually be granted for defendants resident in the lex loci solutionis
(the Latin
tag for "the law of the place of performance whether in contract
or tort), the lex situs
(the Latin tag for "the law of the place where the property is located") or the proper law
state.
courts do not subscribe to the doctrine of universal jurisdiction
, the relevant international law must have been incorporated directly into U.S. criminal law through Congress
ional legislation. Congress has enacted statute
s covering genocide, war crimes, torture, piracy
, slavery
, and trafficking in women and children to meet the U.S. obligations under international agreements. If a criminal act is commenced in one U.S. state, but the defendant has fled, the first state must seek extradition and return for trial.
do not apply the doctrine of universal jurisdiction, Joel & Dolly M. E. Filártiga v Américo Norberto Peña-Irala
630 F.2d 876 (2d Cir., June 30, 1980), interpreted the Alien Tort Statute, 28 U.S.C., which provides:
The Filartiga ruling allows a range of tort claims for alleged breaches of the "law of nations". Companies may also be liable for the illegal exploitation of resources abroad under the National Stolen Properties Act and the Racketeering Influenced Corrupt Organizations Act (RICO)
, and the courts have allowed claims for forced labour and personal injuries when employed as a slave labourer, and claims by citizens of "foreign" countries for injuries inflicted by security forces employed by a subsidiary of U.S. corporations. U.S. courts have in personam
(the Latin tag for "personal jurisdiction") over a corporation if:
In personam jurisdiction over a corporation may be "general", i.e. a suit may be brought for any cause of action over which the forum court has subject matter jurisdiction and is a proper venue; or "specific", i.e. the suit may address only those activities which gave rise to the cause of action. Even if the jurisdiction and venue are proper, a federal court has a discretion to dismiss the suit under the act of state doctrine
or one of its related doctrines, such as comity
or political question
.
, the Crimes Against Humanity and War Crimes Act, S.C. 2000 (CAHW) has incorporated the following as domestic crimes: genocide, crimes against humanity, war crimes, breach of responsibility by a military commander or a superior (usually a civilian superior), offences against the administration of justice of the International Criminal Court
, and possession or laundering of proceeds derived from these crimes. Normally, criminal jurisdiction is exclusively territorial, but CAHW invokes universal jurisdiction as defined in customary international law.
domestic law, e.g. forced labour is the equivalent of illegal confinement. Extraterritorial jurisdiction is based on a connection with France through:
and Article 213-3 provides that legal persons may incur criminal liability for all crimes against humanity.
municipal law incorporates specific areas of international law, but there must be a matching penal provision in the domestic criminal law as a precondition to enforcement. Norway is a signatory to the International Criminal Court which has complementary jurisdiction to municipal criminal courts, albeit that the local courts have precedence to prosecute the crimes of genocide, crimes against humanity, war crimes and the crime of aggression. Norway prosecutes international crimes using domestic penal law, e.g. genocide can be treated as homicide
, torture as an offence against the person, etc. Norwegian criminal law is applicable to acts committed abroad by any Norwegian national
or any person domiciled
in Norway when the act is a felony
under the law of the country in which it is committed. There is a general discretion to decline a prosecution which occurred in a case brought against the Israeli Prime Minister.
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
, war crimes, crimes against humanity as well as the War of aggression. This article also discusses crimes against international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
, 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.
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 VersaillesVersailles
Versailles , a city renowned for its château, the Palace of Versailles, was the de facto capital of the kingdom of France for over a century, from 1682 to 1789. It is now a wealthy suburb of Paris and remains an important administrative and judicial centre...
stated that an international tribunal was to be set up to try Wilhelm II of Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
. 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
International Military Tribunal for the Far East
The International Military Tribunal for the Far East , also known as the Tokyo Trials, the Tokyo War Crimes Tribunal, or simply the Tribunal, was convened on April 29, 1946, to try the leaders of the Empire of Japan for three types of crimes: "Class A" crimes were reserved for those who...
). It operated from 1946 to 1948.
After the beginning of the war in Bosnia
Bosnia and Herzegovina
Bosnia and Herzegovina , sometimes called Bosnia-Herzegovina or simply Bosnia, is a country in Southern Europe, on the Balkan Peninsula. Bordered by Croatia to the north, west and south, Serbia to the east, and Montenegro to the southeast, Bosnia and Herzegovina is almost landlocked, except for the...
, the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
established the International Criminal Tribunal for the Former Yugoslavia
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...
(ICTY) in 1993 and, after the genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
in Rwanda
Rwanda
Rwanda or , officially the Republic of Rwanda , is a country in central and eastern Africa with a population of approximately 11.4 million . Rwanda is located a few degrees south of the Equator, and is bordered by Uganda, Tanzania, Burundi and the Democratic Republic of the Congo...
, the International Criminal Tribunal for Rwanda
International Criminal Tribunal for Rwanda
The International Criminal Tribunal for Rwanda 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 international law in Rwanda, or by Rwandan...
in 1994.
The International Law Commission
International Law Commission
The International Law Commission was established by the United Nations General Assembly in 1948 for the "promotion of the progressive development of international law and its codification."It holds an annual session at the United Nations Office at Geneva....
had commenced preparatory work for the establishment of a permanent International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
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
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 lawCustomary international law
Customary international law are those aspects of international law that derive from custom. Along with general principles of law and treaties, custom is considered by the International Court of Justice, jurists, the United Nations, and its member states to be among the primary sources of...
, 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 crimes—including as genocide, crimes against humanity, and war crimes—is a necessary to enforce international criminal law and deliver justice to victims.This is an important component of transitional justice
Transitional justice
Transitional justice generally refers to a range of approaches that states may use to address past human rights violations and includes both judicial and non-judicial approaches. They include series of actions or policies and their resulting institutions, which may be enacted at a point of...
, 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.
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 CourtInternational Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
(ICC), as well as several ad hoc tribunals:
- International Criminal Tribunal for the former YugoslaviaInternational Criminal Tribunal for the former YugoslaviaThe 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...
- International Criminal Tribunal for RwandaInternational Criminal Tribunal for RwandaThe International Criminal Tribunal for Rwanda 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 international law in Rwanda, or by Rwandan...
Apart from these institutions, some 'hybrid' courts and tribunals exist—judicial bodies with both international and national judges. They are:
- Special Court for Sierra LeoneSpecial Court for Sierra LeoneThe Special Court for Sierra Leone is an independent judicial body set up to "try those who bear greatest responsibility" for the war crimes and crimes against humanity committed in Sierra Leone after 30 November 1996 during the Sierra Leone Civil War...
, (investigating the crimes committed the Sierra Leone Civil WarSierra Leone Civil WarThe Sierra Leone Civil War began on 23 March 1991 when the Revolutionary United Front , with support from the special forces of Charles Taylor’s National Patriotic Front of Liberia , intervened in Sierra Leone in an attempt to overthrow the Joseph Momoh government...
) - Extraordinary Chambers in the Courts of CambodiaExtraordinary Chambers in the Courts of CambodiaThe Extraordinary Chambers in the Courts of Cambodia, commonly known as the "Khmer Rouge Tribunal", is a national court established pursuant to an agreement between the Royal Government of Cambodia and the United Nations to try senior members of the Khmer Rouge for serious violations of Cambodian...
, (investigating the crimes of the Red Khmer era) - Special Tribunal for LebanonSpecial Tribunal for LebanonThe Special Tribunal for Lebanon is an international tribunal for the prosecution under Lebanese law of those responsible for the assassination of Rafic Hariri on February 14, 2005. The tribunal also has jurisdiction over a series of other attacks in Lebanon if they are proven to be connected...
, (investigating the assassination of Rafik HaririRafik HaririRafic Baha El Deen Al-Hariri , was a business tycoon and the Prime Minister of Lebanon from 1992 to 1998 and again from 2000 until his resignation, 20 October 2004.He headed five cabinets during his tenure...
) - The War Crimes Court at KosovoKosovoKosovo is a region in southeastern Europe. Part of the Ottoman Empire for more than five centuries, later the Autonomous Province of Kosovo and Metohija within Serbia...
.
International Criminal Court
The International Criminal Court is a permanent tribunalTribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
to prosecute individuals for genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
, crimes against humanity
Crime against humanity
Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings...
, war crime
War crime
War crimes are serious violations of the laws applicable in armed conflict giving rise to individual criminal responsibility...
s, and the crime of aggression (although it cannot currently exercise jurisdiction over the crime of aggression).
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 2002—the date its founding treaty
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
, the Rome Statute of the International Criminal Court
Rome Statute of the International Criminal Court
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court . It was adopted at a diplomatic conference in Rome on 17 July 1998 and it entered into force on 1 July 2002. As of 13 October 2011, 119 states are party to the statute...
, entered into force—and it can only prosecute crimes committed on or after that date. The court's official seat is in The Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...
, Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
, but its proceedings may take place anywhere.
The court can generally exercise jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
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
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
. 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. Primary responsibility to investigate and punish crimes is therefore left to individual states.
To date, the Court
It
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
Jean-Pierre Bemba
Jean-Pierre Bemba Gombo is a politician in the Democratic Republic of the Congo. He was one of four vice-presidents in the transitional government of the Democratic Republic of the Congo from 17 July 2003 to December 2006. Bemba also leads the Movement for the Liberation of Congo , a rebel group...
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
Callixte Mbarushimana
****Callixte Mbarushimana is a Hutu Rwandan and former United Nations employee who is alleged to have participated in the Rwandan Genocide of 1994, and who later on was indicted by the International Criminal Court in The Hague for crimes against humanity and war crimes allegedly committed in the...
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
The International Criminal Tribunal for Rwanda (ICTR), or the Tribunal pénal international pour le Rwanda (TPIR), is an international courtInternational court
International courts are formed by treaties between nations, or under the authority of an international organization such as the United Nations — this includes ad hoc tribunals and permanent institutions, but excludes any courts arising purely under national authority.Early examples of...
established in November 1994 by the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
in Resolution 955
United Nations Security Council Resolution 955
United Nations Security Council Resolution 955, adopted on November 8, 1994, after recalling all resolutions on Rwanda, the Council noted that serious violations of international humanitarian law had taken place in the country and, acting under Chapter VII of the United Nations Charter, established...
in order to judge people responsible for the Rwandan Genocide
Rwandan Genocide
The Rwandan Genocide was the 1994 mass murder of an estimated 800,000 people in the small East African nation of Rwanda. Over the course of approximately 100 days through mid-July, over 500,000 people were killed, according to a Human Rights Watch estimate...
and other serious violations of the international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
in Rwanda
Rwanda
Rwanda or , officially the Republic of Rwanda , is a country in central and eastern Africa with a population of approximately 11.4 million . Rwanda is located a few degrees south of the Equator, and is bordered by Uganda, Tanzania, Burundi and the Democratic Republic of the Congo...
, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994.
In 1995 it became located in Arusha
Arusha
Arusha is a city in northern Tanzania. It is the capital of the Arusha Region, which claims a population of 1,288,088, including 281,608 for the Arusha District . Arusha is surrounded by some of Africa's most famous landscapes and national parks...
, Tanzania
Tanzania
The United Republic of Tanzania is a country in East Africa bordered by Kenya and Uganda to the north, Rwanda, Burundi, and the Democratic Republic of the Congo to the west, and Zambia, Malawi, and Mozambique to the south. The country's eastern borders lie on the Indian Ocean.Tanzania is a state...
, under Resolution 977
United Nations Security Council Resolution 977
United Nations Security Council Resolution 977, adopted unanimously on February 22, 1995, after recalling Resolution 955 in which the Council was to determine the seat of the International Criminal Tribunal for Rwanda and noting a report by the Secretary-General Boutros Boutros-Ghali, the Council...
. (From 2006, Arusha also became the location of the African Court on Human and Peoples' Rights
African Court on Human and Peoples' Rights
The African Court on Human and Peoples' Rights was a regional court that was created initially to make judgments on African Union states' compliance with the African Charter on Human and Peoples' Rights....
). In 1998 the operation of the Tribunal was expanded in Resolution 1165
United Nations Security Council Resolution 1165
United Nations Security Council Resolution 1165, adopted unanimously on April 30, 1998, after recalling Resolution 955 , the Council established a third trial chamber at the International Criminal Tribunal for Rwanda ....
. 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.
The tribunal has jurisdiction over genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
, crimes against humanity and war crimes, which are defined as violations of Common Article Three and Additional Protocol II of the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
(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. The first trial, of Jean-Paul Akayesu
Jean Akayesu
Jean-Paul Akayesu is a former teacher, school inspector, and Mouvement Démocratique Républicain politician from Rwanda. He served as mayor of Taba commune from April 1993 until June 1994....
, began in 1997. Jean Kambanda
Jean Kambanda
Jean Kambanda was the Prime Minister in the caretaker government of Rwanda from the start of the 1994 Rwandan Genocide...
, interim Prime Minister, pleaded guilty. According to the ICTR's Completion Strategy, in accordance with Security Council Resolution 1503
United Nations Security Council Resolution 1503
United Nations Security Council Resolution 1503, adopted unanimously on August 28, 2003, after recalling resolutions 827 , 955 , 978 , 1165 , 1166 , 1329 , 1411 , 1431 and 1481 , the Council decided to split the prosecutorial duties of the International Criminal Tribunal for the former Yugoslavia ...
, all first-instance cases were to have completed trial by the end of 2008 (this date was later extended to the end of 2009)
On 1 July 2012, an International Residual Mechanism for Criminal Tribunals
International Residual Mechanism for Criminal Tribunals
The International Residual Mechanism for Criminal Tribunals is a mechanism established by United Nations Security Council resolution 1966 to finish the work begun by the International Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda . It will be subdivided...
will begin functioning with respect to the work begun by the ICTR. The ICTR has been called upon by the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
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
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 NationsUnited Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
established to prosecute serious crimes committed during the wars in the former Yugoslavia
Yugoslav wars
The Yugoslav Wars were a series of wars, fought throughout the former Yugoslavia between 1991 and 1995. The wars were complex: characterized by bitter ethnic conflicts among the peoples of the former Yugoslavia, mostly between Serbs on the one side and Croats and Bosniaks on the other; but also...
, and to try their perpetrators. The tribunal is an ad hoc court which is located in The Hague
The Hague
The Hague is the capital city of the province of South Holland in the Netherlands. With a population of 500,000 inhabitants , it is the third largest city of the Netherlands, after Amsterdam and Rotterdam...
, the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
.
The Court was established by Resolution 827
United Nations Security Council Resolution 827
United Nations Security Council Resolution 827, adopted unanimously on May 25, 1993, after reaffirming Resolution 713 and all subsequent resolutions on the topic of the former Yugoslavia, approved report S/25704 of Secretary-General Boutros Boutros-Ghali, with the Statute of the International...
of the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
, which was passed on 25 May 1993. It has jurisdiction over four clusters of crime committed on the territory of the former Yugoslavia
Yugoslavia
Yugoslavia refers to three political entities that existed successively on the western part of the Balkans during most of the 20th century....
since 1991: grave breaches of the Geneva Conventions
Geneva Conventions
The Geneva Conventions comprise four treaties, and three additional protocols, that establish the standards of international law for the humanitarian treatment of the victims of war...
, violations of the laws or customs of war
Laws of war
The law of war is a body of law concerning acceptable justifications to engage in war and the limits to acceptable wartime conduct...
, genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
, and crime against humanity
Crime against humanity
Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offenses in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings...
. The maximum sentence it can impose is life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
. 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 Karadžić
Radovan Karadžic
Radovan Karadžić is a former Bosnian Serb politician. He is detained in the United Nations Detention Unit of Scheveningen, accused of war crimes committed against Bosnian Muslims and Bosnian Croats during the Siege of Sarajevo, as well as ordering the Srebrenica massacre.Educated as a...
whose trial is expected to end in 2012 and the appeal to be heard by February 2014. Goran Hadžić
Goran Hadžic
Goran Hadžić is a former president of the Republic of Serbian Krajina who was in office during the Croatian War of Independence. He is accused of crimes against humanity and of violation of the laws and customs of war by the International Criminal Tribunal for the former Yugoslavia.The court...
has been charged, however is still at large and thus do not fall within the court's completion strategy.
On 1 July 2013, an International Residual Mechanism for Criminal Tribunals
International Residual Mechanism for Criminal Tribunals
The International Residual Mechanism for Criminal Tribunals is a mechanism established by United Nations Security Council resolution 1966 to finish the work begun by the International Tribunal for the former Yugoslavia and the International Criminal Tribunal for Rwanda . It will be subdivided...
will begin functioning with respect to the work begun by the ICTY. The ICTY has been called upon by the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
to finish its work by 31 December 2014 and to prepare its closure and transition of cases to the Mechanism.
Recognition of International Criminal Law in Domestic Jurisdictions
United Kingdom
Under section 51(1) of the International Criminal Court Act 2001International Criminal Court Act 2001
The International Criminal Court Act is an Act of the Parliament of the United Kingdom. The Act implements into the law of England, Wales and Northern Ireland the Rome Statute of the International Criminal Court.The principal aims of the Act are:...
, genocide
Genocide
Genocide is defined as "the deliberate and systematic destruction, in whole or in part, of an ethnic, racial, religious, or national group", though what constitutes enough of a "part" to qualify as genocide has been subject to much debate by legal scholars...
and crimes against humanity committed either in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
or by United Kingdom nationals
Nationality
Nationality is membership of a nation or sovereign state, usually determined by their citizenship, but sometimes by ethnicity or place of residence, or based on their sense of national identity....
abroad can be prosecuted but, as a dualist nation
Nation
A nation may refer to a community of people who share a common language, culture, ethnicity, descent, and/or history. In this definition, a nation has no physical borders. However, it can also refer to people who share a common territory and government irrespective of their ethnic make-up...
, other prosecutions can only be mounted where the United Kingdom has acceded to the Treaties and Conventions that create the offences including: war crimes, torture
Torture
Torture is the act of inflicting severe pain as a means of punishment, revenge, forcing information or a confession, or simply as an act of cruelty. Throughout history, torture has often been used as a method of political re-education, interrogation, punishment, and coercion...
, and enslavement and forced labour offences. The criminal jurisdiction is presumed territorial in the absence of express words and based on the presence of the accused within the jurisdiction. There are a number of statutes that impose criminal liability on UK and/or non-UK nationals who commit particular acts outside the jurisdiction, but this can only be exercised where the individual is present or visits the United Kingdom, otherwise the United Kingdom government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
would need to seek extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
from the state in which he is located.
Legal person's criminal liability
It is a rule of statutory interpretationStatutory interpretation
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is always necessary when a case involves a statute. Sometimes the words of a statute have a plain and straightforward meaning. But in many cases, there is some ambiguity or...
that unless a contrary intention appears, the word "person" includes any body of persons corporate or unincorporated. Thus, once the principle of corporate liability
Corporate liability
In criminal law, corporate liability determines the extent to which a corporation as a legal person can be liable for the acts and omissions of the natural persons it employs...
for the form of legal entity is accepted, the entity can be charged with any international offence no matter where it was committed in the same way as a natural person.
Legal person's liability in tort
Under the Rules of the Supreme Court, a court can accept claims against a corporation for a tortTort (conflict)
In conflict of laws, the choice of law rules for tort are intended to select the lex causae by which to determine the nature and scope of the judicial remedy to claim damages for loss or damage suffered.-History:...
arising out of an international crime committed outside the jurisdiction so long as there is some real connection with the UK (see forum shopping
Forum shopping
Forum shopping is the informal name given to the practice adopted by some litigants to get their legal case heard in the court thought most likely to provide a favorable judgment...
and forum non conveniens
Forum non conveniens
Forum non conveniens is a common law legal doctrine whereby courts may refuse to take jurisdiction over matters where there is a more appropriate forum available to the parties...
). This liability is usually based on some activity committed within the jurisdiction or on the fact that profits from the tortious activity have been received within the jurisdiction. Similarly, most breaches of international human rights
Human rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
would be tortious, e.g. torture could be trespass to the person, etc. Civil proceedings may be served on a person who is physically present within the jurisdiction, even if only temporarily. Proceedings may also be served outside the jurisdiction with the permission of the court. This will be usually be granted for defendants resident in the lex loci solutionis
Lex loci solutionis
The lex loci solutionis is the Latin term for "law of the place where relevant performance occurs" in the conflict of laws. Conflict is the branch of public law regulating all lawsuits involving a "foreign" law element where a difference in result will occur depending on which laws are...
(the Latin
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
tag for "the law of the place of performance whether in contract
Contract (conflict)
In the conflict of laws, the validity of a contract with one or more foreign law elements will be decided by reference to the so-called "proper law" of the contract.-History:...
or tort), the lex situs
Lex situs
The term lex situs refers to the law of the place in which property is situated for the purposes of the conflict of laws. For example, property may subject to tax pursuant to the law of the place of the property or by virtue of the domicile of its owner...
(the Latin tag for "the law of the place where the property is located") or the proper law
Proper law
The Doctrine of the Proper Law is applied in the choice of law stage of a lawsuit involving the conflict of laws.-Explanation:In a conflicts lawsuit, one or more state laws will be relevant to the decision-making process. If the laws are the same, this will cause no problems, but if there are...
state.
Natural and legal persons
Because the U.S.United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
courts do not subscribe to the doctrine of universal jurisdiction
Universal jurisdiction
Universal jurisdiction or universality principle is a principle in public international law whereby states claim criminal jurisdiction over persons whose alleged crimes were committed outside the boundaries of the prosecuting state, regardless of nationality, country of residence, or any other...
, the relevant international law must have been incorporated directly into U.S. criminal law through Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
ional legislation. Congress has enacted statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
s covering genocide, war crimes, torture, piracy
Piracy
Piracy is an act of robbery or criminal violence at sea. The term can include acts committed on land, in the air, or in other major bodies of water or on a shore. It does not normally include crimes committed against persons traveling on the same vessel as the perpetrator...
, slavery
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
, and trafficking in women and children to meet the U.S. obligations under international agreements. If a criminal act is commenced in one U.S. state, but the defendant has fled, the first state must seek extradition and return for trial.
Legal person's liability in tort
Although U.S. federal courtsUnited States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
do not apply the doctrine of universal jurisdiction, Joel & Dolly M. E. Filártiga v Américo Norberto Peña-Irala
Filártiga v. Peña-Irala
Filártiga v. Peña-Irala, was a landmark case in United States and international law. It set the precedent for United States federal courts to punish non-American citizens for tortious acts committed outside the United States that were in violation of public international law or any treaties to...
630 F.2d 876 (2d Cir., June 30, 1980), interpreted the Alien Tort Statute, 28 U.S.C., which provides:
- The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.
The Filartiga ruling allows a range of tort claims for alleged breaches of the "law of nations". Companies may also be liable for the illegal exploitation of resources abroad under the National Stolen Properties Act and the Racketeering Influenced Corrupt Organizations Act (RICO)
Racketeer Influenced and Corrupt Organizations Act
The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization...
, and the courts have allowed claims for forced labour and personal injuries when employed as a slave labourer, and claims by citizens of "foreign" countries for injuries inflicted by security forces employed by a subsidiary of U.S. corporations. U.S. courts have in personam
In personam
In personam is a Latin phrase meaning "directed toward a particular person". In a lawsuit in which the case is against a specific individual, that person must be served with a summons and complaint to give the court jurisdiction to try the case, and the judgment applies to that person and is called...
(the Latin tag for "personal jurisdiction") over a corporation if:
- the corporation is organized in a US state jurisdiction;
- the corporation is doing business in a jurisdiction;
- the corporation has consented to be sued; or
- the corporation appears in court to defend the action without specifying that the purpose of the appearance is a special appearance.
In personam jurisdiction over a corporation may be "general", i.e. a suit may be brought for any cause of action over which the forum court has subject matter jurisdiction and is a proper venue; or "specific", i.e. the suit may address only those activities which gave rise to the cause of action. Even if the jurisdiction and venue are proper, a federal court has a discretion to dismiss the suit under the act of state doctrine
or one of its related doctrines, such as comity
Comity
In law, comity specifically refers to legal reciprocity—the principle that one jurisdiction will extend certain courtesies to other nations , particularly by recognizing the validity and effect of their executive, legislative, and judicial acts...
or political question
Political question
In American Constitutional law, the political question doctrine is closely linked to the concept of justiciability, as it comes down to a question of whether or not the court system is an appropriate forum in which to hear the case. This is because the court system only has authority to hear and...
.
Natural persons
In CanadaCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, the Crimes Against Humanity and War Crimes Act, S.C. 2000 (CAHW) has incorporated the following as domestic crimes: genocide, crimes against humanity, war crimes, breach of responsibility by a military commander or a superior (usually a civilian superior), offences against the administration of justice of the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
, and possession or laundering of proceeds derived from these crimes. Normally, criminal jurisdiction is exclusively territorial, but CAHW invokes universal jurisdiction as defined in customary international law.
Legal persons
Companies are not expressly included or excluded from prosecution for international crimes under CAHW. but all the standard remedies in tort are available against corporations for activities committed outside the jurisdiction. For civil jurisdiction, the court requires a "real and substantial connection" with the subject matter of the case (i.e. the forum conveniens rule).Natural persons
The new Criminal Code includes a series of provisions describing crimes against humanity in considerable detail, including genocide and aggravated war crimes. A limited number of international crimes have equivalents in FrenchFrance
The French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
domestic law, e.g. forced labour is the equivalent of illegal confinement. Extraterritorial jurisdiction is based on a connection with France through:
- the nationalityNationalityNationality is membership of a nation or sovereign state, usually determined by their citizenship, but sometimes by ethnicity or place of residence, or based on their sense of national identity....
of the perpetrator (active personality jurisdiction) of the crime or the victim (passive personality jurisdiction); - the events constituting the crime represent a connected series of acts or an indivisible act occurring both in France and another state, or where there were acts of complicity in France for a crime committed abroad, if the acts are criminal under all relevant systems of law; or
- the concept of universality where French public policyPublic policy (law)In private international law, the public policy doctrine or ordre public concerns the body of principles that underpin the operation of legal systems in each state. This addresses the social, moral and economic values that tie a society together: values that vary in different cultures and change...
interests are affected.
Legal persons
In French law, a civil action can be brought jointly with a penal action before a criminal court. Corporate liability is covered in Articles 121/2 of the new Criminal Code which provide that legal persons will be liable in the cases identified by the LegislatureLegislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
and Article 213-3 provides that legal persons may incur criminal liability for all crimes against humanity.
Natural persons
NorwegianNorway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
municipal law incorporates specific areas of international law, but there must be a matching penal provision in the domestic criminal law as a precondition to enforcement. Norway is a signatory to the International Criminal Court which has complementary jurisdiction to municipal criminal courts, albeit that the local courts have precedence to prosecute the crimes of genocide, crimes against humanity, war crimes and the crime of aggression. Norway prosecutes international crimes using domestic penal law, e.g. genocide can be treated as homicide
Homicide
Homicide refers to the act of a human killing another human. Murder, for example, is a type of homicide. It can also describe a person who has committed such an act, though this use is rare in modern English...
, torture as an offence against the person, etc. Norwegian criminal law is applicable to acts committed abroad by any Norwegian national
or any person domiciled
Domicile (law)
In law, domicile is the status or attribution of being a permanent resident in a particular jurisdiction. A person can remain domiciled in a jurisdiction even after they have left it, if they have maintained sufficient links with that jurisdiction or have not displayed an intention to leave...
in Norway when the act is a felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
under the law of the country in which it is committed. There is a general discretion to decline a prosecution which occurred in a case brought against the Israeli Prime Minister.
Legal persons
If a business entity domiciled in Norway is involved in unlawful activity committed outside the jurisdiction, both civil and criminal actions are available subject to the rule of "double actionability", i.e. the activity must have been unlawful under the laws of both Norway and the country of commission. The Norwegian Code of Compensation allows actions for damages for the loss and damage arising from the breach of international law. Civil jurisdiction is based on residence or temporary personal presence for natural persons and the place where the board of directors has its seat. Non-nationals can be sued in Norway if any business activity occurs in Norway. The court must be conveniens, i.e. objectively competent in a local and functional way and, in some cases, this requires the defendant's consent.See also
- Command responsibilityCommand responsibilityCommand responsibility, sometimes referred to as the Yamashita standard or the Medina standard, and also known as superior responsibility, is the doctrine of hierarchical accountability in cases of war crimes....
- International Criminal CourtInternational Criminal CourtThe International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
- International Criminal Police Organization
- International lawInternational lawPublic international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
- Rule of Law in Armed Conflicts Project (RULAC)Rule of Law in Armed Conflicts Project (RULAC)The Rule of Law in Armed Conflicts Project is an initiative of the to support the application and implementation of the international law of armed conflict.-Overview:...
External links
- The International Criminal Court
- The Hague Justice Portal publishes developments in The Hague courts, tribunals and organisations including the International Court of Justice, the Permanent Court of Arbitration, the International Criminal Tribunal for the former Yugoslavia, and the International Criminal Court.
- The Documentation Centre Netherlands Institute for Human Rights (SIM) provides access to several databases on human rights and international criminal law.
- United Nations Rule of Law, the United NationsUnited NationsThe United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
' centralised website on the rule of lawRule of lawThe rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
. - Online Journal of International Law
- Cambodia Tribunal Monitor