INTRODUCTION TO INTERNATIONAL CRIMINAL LAW
INTRODUCTION TOINTERNATIONAL CRIMINAL LAWJo Stigen, 27 January 2014 What is International criminal law?o The substantial and procedural law on the prosecution ofinternational crimeso Substantial ICL:- Which behaviour constitutes an international crime?- Which elements must be proven in order to convict a person foran international crime?o Procedural ICL- The “machinery” for enforcing ICL- The rules governing the procedure of a criminal court courts- The relationship between courts- The competence of courts Jurisdiction Immunities- The relationship between different courts Horizontally – between national systems Vertically – between national and internationallevels
What is an international crime?From List and others (Hostages case), US Military Tribunal, Nuremberg, 1948“An international crime is such act universally recognized as criminal, which isconsidered a grave matter of international concern and for some valid reasoncannot be left within the exclusive jurisdiction of the State that would havecontrol over it under ordinary circumstances.”o Not a fixed list of crimeso What are the “core crimes”?o Which crimes are sufficiently grave?o Why can some crimes not be left exclusively within the nationalsphere? What else distinguishes international crimes from ordinary crimes?o The context of the crimeso The persons that are targeted for prosecution So, what do we discuss in ICL?o Criminal law: Actus reus Mens rea Defenceso International law: Jurisdiction Immunity Interpretation of treaties and customary international law2
o Cooperation between stateso Politics Selectivity Power Where can international crimes be prosecuted?o National courtso International courts Jurisdiction of national criminal courtsooooTerritorial stateHome state of perpetratorHome state of victimThird state Which international criminal courts have existed?oooooIMTIMTFEICTYICTRICC What is the relationship between ICL ando Human rights?o International humanitarian law?o Rules on state responsibility?3
How has the concept of international criminal law changed internationallaw?o The subjects of international lawo State sovereigntyo The responsibility of individualsFrom the Nuremberg Trial:“Crimes against international law are committed by men, not by abstractentities, and only by punishing individuals who commit such crimes canthe provisions of international law be enforced.” The sources of international criminal lawo National law- National legislation- National jurisprudenceo International law- Treaties defining international crimes- Treaties creating international tribunals (e.g. statutes ofIMT, IMTFE, ICTY, ICTR, ICC)- Customary international law- General principles of law- Jurisprudence of international tribunals- Teachings of highly qualified publicists4
The principle of legality:o The ICTY in the Celebici case:“The principle of legality aims at preventing the prosecution andpunishment of an individual for acts which he reasonably believedto be lawful at the time of their commission.”o From the Nuremberg Trial:“[I]n such circumstances the attacker must know that he is doingwrong, and so far from it being unjust to punish him, it would beunjust if his wrong were allowed to go unpunished.”“[T]hey must have known that they were acting in defiance of allinternational law when in complete deliberation they carried outtheir designs of invasion and aggression. On this view of the casealone it would appear that the maxim [of the legality principle] hasno application to the present facts.”o In principle no requirement of written law (in contrast to mostnational law) Who should study ICL? What are the possible effects of ICL?ooooDeterrenceReconciliationRule of lawOther effects? The legitimacy of international criminal courtso Why is legitimacy important?o The significance of how the court is establishedo The significance of how situations/cases are selectedo Political independenceo Impact of international courts The legitimacy of universal jurisdiction5
Which are the alternative responses to prosecution of internationalcrimes?o Prosecutiono De facto amnesties (“Let’s not talk about it”)o De jure amnesties (”You will not be punished”)o Truth and reconciliation commissions (“Tell us the truth and wewill forgive”) How the teaching will beo Different teachers different styleso Reading outline for each lectureo Cassese’s textbooko The articleso Judgmentso Student groupso The mock exam6
COURSE OUTLINEINTERNATIONAL CRIMINAL LAW- SPRING 2014Monday 27 JanuaryIntroduction to ICL (Jo Stigen)Monday 3 FebruaryNational Criminal Jurisdiction (Jo Stigen)Monday 10 FebruaryInternational Criminal Jurisdiction (Sofie Høgestøl)Monday 24 FebruaryMens Rea and Defences in ICL (Jo Stigen)Monday 3 MarchWar Crimes (Jo Stigen)Monday 10 MarchICL Procedure (Gentian Zyberi)Monday 17 MarchGenocide and Interpretation in ICL (Morten Bergsmo)Monday 24 MarchCommand Responsibility (Arne-Willy Dahl)Monday 31 MarchCrimes against Humanity; Co-perpetration in ICL(S. Høgestøl)Monday 7 AprilImmunity and State Responsibility (Jo Stigen)Monday 28 AprilMock Exam (Jo Stigen)All lectures are at 10:15 – 12:00 at Auditorium 6 (Domus Academica)NB: The order of some of the lectures might be changed.7
- The “machinery” for enforcing ICL - The rules governing the procedure of a criminal court courts - The relationship between courts - The competence of courts Jurisdiction Immunities - The relationship between different courts Horizontally – between national systems
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Compare criminal law and criminal procedure. This book focuses on. criminal law. 2, but it occasionally touches on issues of. criminal procedure. 3, so it is important to differentiate between the two. Criminal law generally defines the. rights. and. obligations. of individuals in society. S
BiH Bosnia and Herzegovina CIDS Centre for Integrity in the Defence Sector of Norway CC Criminal Code of Serbia CLB Criminal Law of the BiH CLFBiH Criminal Law of the FBiH CLRS Criminal Law of the Republic of Srpska CoE Council of Europe CPC Criminal Procedure Code of Serbia CPLB Criminal Procedure Law of BiH ECtHR European Court of Human .
Criminal Procedures (with Delmas-Marty, CUP, 2002) and many articles related to the EU and criminal law and comparative criminal law and criminal procedure. He was a consultant to Lord Justice Auld's Review of the Criminal Courts (2001) and a member of the group that produced the Corpus Juris Project (1997). He holds a Cambridge LLD.
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