International Criminal Law

Transcription

1 International Criminal Law Sources: 1. The International Criminal Court 2. The Rome Statute OJEN

2 The International Criminal Court The ICC was brought into play as the need for a permanent, independent criminal court was needs to punish crimes against humanity (above and beyond what Tribunals could offer) Rome Statute 1998 established the International Criminal Court, which gave rise to a court that could prosecute the most serious international crimes, and aid national jurisdictions in carrying out justice (Full force and effect 2002)

3 Serious International Crimes The ICC s jurisdiction is limited to the following crimes: 1. Genocide 2. Crimes against humanity 3. War crimes 4. The crime of aggression

4 Serious International Crimes - Activity Complete in your notes: Citing the Rome Statute, list TWO crimes in each category (8 crimes 2 per category) For ONE of the crimes listed in each category above, find a case the was brought to the ICC (4 cases 1 per category) Share ONE case with the class CATEGORY Crime (2 subsections) 1 Case study (link for 3, summary for 4 th ) Genocide Crimes Against Humanity War Crimes Crimes of Aggression

5 Elements of a Crime Each crime is defined by the ICC Prosecution must prove that the elements of the crime were knowingly (or ought to know) committed/intended by the perpetrator in order to achieve a guilty verdict For two of the crimes you listed above, find the elements of the crime from the ICC document Elements of a Crime (found on class website) Explain how each element was committed by the convicted party

6 Bringing the Accused to Trial Article 13 states that cases are referred to the court by a State Party and then prosecuted Why might a state party refer a case? What are the implications of an international trial? A case can also be brought forward by the prosecution if sufficient evidence can be found and reasonable case can be made This also requires the cooperation of state parties (article 17)

7 A few more Regulations Article 26 no one under 18 can be tried by the ICC The court has jurisdiction over anyone found to commit a crime (within the court s jurisdiction), aids/abets a crime, or intends to commit the crime (among other things) Article 25 Article 28 Superiors/commanders are criminally responsible if they commit a crime, fail to do everything reasonable to prevent/suppress a crime, or fail to reasonably control their subordinates (who commit a crime) Grounds for exclusion of criminal responsibility Mental state (Similar to NCR) Reasonable self-defence limits set out in ICC Under threat or duress

8 The Trial Process There is always a presumption of innocence until proven guilty (basic tenants of the justice system natural law) The accused is informed of his/her rights, and has a variety of services available to them, if needed - equality (lawyer, translator, language rights) For more information about formal trial procedures, see the Role Preparation Guide in the Summative section of the website

9 Victims Role in the Trial In Canada, victims of crimes can only make victim impact statements, and can subsequently proceed with civil proceedings for reparations At certain times, the victims can participate in the trial (themselves or through lawyers) and request reparations. They can may be called as witnesses, and can also make statements about their views during the trial

10 Evidence Both sides present evidence (physical, scientific, expert, witness testimony) to demonstrate their case They use a variety of questioning techniques in order to evoke specific response that build their argument Rules of evidence (admissibility, disclosure, etc) must be followed and not be obtained in such a way that violates the rights of the accused Article 69 (7) Evidence obtained by means of a violation of this Statute or internationally recognized human rights shall not be admissible if: (a) The violation casts substantial doubt on the reliability of the evidence; or (b) The admission of the evidence would be antithetical to and would seriously damage the integrity of the proceedings.

11 Penalties Once guilt is determined, the ICC can impose one of the following: 1. Prison may not exceed 30 years (**Unless in extreme circumstances, then a term of life imprisonment can be assigned) 2. Additionally, the ICC can award reparations from the convicted person s property, assets, and proceeds Trust Funds can also be set up/ordered to assist in reparations for victims Is it legal for states to impose their own penalties as well? Article 80 - Non-prejudice to national application of penalties and national laws Nothing in this Part affects the application by States of penalties prescribed by their national law, nor the law of States which do not provide for penalties prescribed in this Part.

12 Appeals Both the Prosecutor and the Defence parties can appeal the decision based on mistakes in the proceedings, error of law, or error of fact The Defence can also appeal on other grounds that may have affected the fairness of the proceedings What might these fair grounds be? How would they establish the criteria for this?

13 Article Study 1. Read the Impact of International Criminal Law and answer the following: What beliefs/tenants from our basic legal theories apply to the concept of international criminal law? (Natural, Positive, Modern) How do these cases impact our global legal system? Precedent? Should a court like this have jurisdiction, regardless of whether or not a nation signed the Rome Statute? 2. Read over the case file for Prosecutor v. Omar Hassan Ahmad Al Bashir Summarize his alleged role in the conflict (reasons for him being charged?) Possible penalty? Implications of non-cooperation of nation states?