Flashcards in International Institutions in ICL Deck (16)
What established the Nuremberg Tribunal?
The London Charter (1945) drafted by UK, US, France and USSR.
What were the Nuremberg Tribunal's key provisions?
No head of state immunity (art 7) and it provided a degree of fair trial rights.
Key findings of the Nuremberg Tribunal?
There was no defence of superior orders and it acknowledged individual responsibility for international crimes.
What are the main criticisms of the Nuremberg Tribunal?
Victors' justice: biased judges, similar acts of the Allies were not prosecuted (plea of tu quoque), the London Charter = ex post facto law.
What did the Tribunal for the Far East develop further than the Nuremberg Tribunal?
Command/superior responsibility applies to military and civilian leaders.
What is the source of jurisdiction for the ICTY?
UN SC Res. 827 (1993) - enacted under Chapter VII of the UN Charter.
What is the temporal/subject-matter juris of the ICTY?
Prosecute war crimes, crimes against humanity and genocide committed in Yugoslavia since 1991.
Which int tribunals have relatively full primacy?
ICTY and ICTR.
Are the ICTY and ICTR Statutes' sources of law?
Nein - they merely codify the applicable law (customary) at the time of the conflict.
Primary criticisms of the ICTY?
Selectivity in indictments (bias against Serbs + no investigation into NATO's air campaign), resource inefficient, speeding up trial process = negative impact on D's rights.
How does the definition of genocide differ in the ICTR from the ICTY Statute?
ICTR requires genocide to have an element of discrimination.
Key findings of the ICTR?
Acknowledged sexual offences as an act of genocide + criminal responsibility of medial controllers for inciting genocide. (Jean-Bosco Barayagwiza)
Positives of the ICTR?
Akayesu acknowledged that genocide had occurred in Rwanda and convicted Jean Kambanda (PM of Gov that presided over genocide)
What are hybrid tribunals?
Treaty-based courts with an international legal personality.
What are mixed national international court chambers?
Domestic courts practicing domestic law with some international staff and supervision