cards generated ICL Flashcards
(35 cards)
What is International Criminal Law (ICL)?
ICL is a branch of international law that holds individuals criminally responsible for serious violations of international norms such as genocide, war crimes, crimes against humanity, and aggression.
Why is ICL described as ‘jurisdiction-dependent’?
Criminal responsibility is determined by the legal rules applicable to the specific judicial body conducting the trial.
What is meant by the ‘pluralism’ of ICL?
ICL lacks a uniform framework and is applied across multiple jurisdictions with differing definitions, scopes, and procedures.
What are the primary sources of ICL?
Customary international law and treaties, supplemented by general principles of law and judicial decisions.
What is the principle of complementarity?
The ICC will only prosecute if national jurisdictions are unwilling or unable to genuinely carry out the investigation or prosecution of international crimes.
What is universal jurisdiction in ICL?
The principle that allows states to prosecute serious international crimes regardless of where they occurred or the nationality of the accused or victims.
What is the role of hybrid tribunals in ICL?
Hybrid courts combine national and international elements to prosecute crimes committed within specific territories with international oversight.
What are crimes against humanity?
Widespread or systematic attacks against civilians involving acts such as murder, torture, rape, or persecution.
How did crimes against humanity evolve historically?
First codified in the Nuremberg Charter to address Nazi atrocities not classifiable as war crimes.
Do crimes against humanity require a link to war?
No, they can occur during peace or armed conflict.
What is the ‘contextual element’ in crimes against humanity?
Underlying acts must be committed as part of a widespread or systematic attack against civilians.
How do definitions of crimes against humanity vary?
Different statutes define crimes differently in terms of required context and the list of underlying offenses.
What is the legal definition of genocide?
Acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group.
What is ‘special intent’ in genocide?
A specific intent to destroy a protected group, in addition to the intent required to commit the underlying act.
Can genocide occur outside armed conflict?
Yes, it can occur in both peacetime and wartime.
How is a ‘group’ defined under genocide law?
Only national, ethnic, racial, or religious groups are protected.
What role does context play in proving genocidal intent?
Patterns of conduct and surrounding facts are used to infer intent to destroy a group.
What are war crimes?
Serious breaches of international humanitarian law committed during armed conflict.
How are war crimes categorized under IHL?
Based on protected values: (i) against persons, (ii) property, (iii) humanitarian missions, (iv) prohibited methods, and (v) prohibited means of warfare.
What is the difference between ‘crimes of conduct’ and ‘crimes of result’?
Conduct crimes are complete once the act occurs; result crimes require proof of harm.
How do the Rome Statute and Geneva Conventions differ on attacking civilians?
The Rome Statute requires only intent; Additional Protocol I also requires harmful outcomes and wilfulness.
What was the impact of the Tadić case on war crimes?
It expanded the notion of war crimes to include non-international armed conflicts under customary international law.
What is the crime of aggression under ICL?
The use of armed force by a State against the sovereignty, territorial integrity, or political independence of another State.
Who can commit the crime of aggression?
Only persons in leadership positions with control over political or military action of a State.
