Lecture 11: International criminal law Flashcards
(5 cards)
What are the two main components needed to convict someone of an international crime?
Actus Reus: The guilty act (e.g., killing).
Mens Rea: The guilty mind (intent or knowledge).
Both must be present for a conviction (e.g., murder requires both killing and malicious intent).
What is command responsibility and the Nuremberg defense in international law?
Command Responsibility: Superiors are liable if they knew or should have known about crimes and failed to prevent them.
Nuremberg Defense (Superior Orders): Following orders is not a defense unless:
The order was legally obligatory.
The person did not know it was unlawful.
The order was not manifestly unlawful.
Orders to commit genocide or crimes against humanity are always unlawful.
What are the key elements of genocide under international law?
Definition: Intentional acts aimed at destroying, in whole or in part, a national, ethnic, racial, or religious group.
Acts:
(a) Killing members of the group.
(b) Causing serious bodily/mental harm.
(c) Inflicting conditions leading to destruction.
(d) Preventing births.
(e) Forcibly transferring children.
Must involve both actus reus and genocidal intent.
What are crimes against humanity, and what acts can constitute them?
Definition: Widespread or systematic attacks against civilians, causing serious harm or degradation.
Acts:
(a) Murder
(b) Extermination
(c) Enslavement
(d) Deportation
(e) Imprisonment
(f) Torture
(g) Sexual violence
(h) Persecution
(i) Enforced disappearance
(j) Apartheid
(k) Other inhumane acts
Must be part of government policy or tolerated by authority.
What distinguishes genocide, crimes against humanity, and war crimes?
Genocide: Intent to destroy a specific group (systemic intent).
Crimes Against Humanity: Widespread/systematic attacks against civilians.
War Crimes: Violations of the laws of war, can be individual acts.
Overlap: The same actus reus (e.g., murder) can be different crimes based on mens rea.
