Lecture Notes: Introduction to International Criminal Law (Part 1)

Event Information

• Host: American Red Cross International Humanitarian Law Program
• Speaker: Professor Sarah Ox (University of Louisville, Louis D. Brandeis School of Law)
• Date: First class, next class on Thursday, June 10th at 4 PM

Speaker Background

• Sarah Ox: Assistant Professor of Law, University of Louisville
  • Specializes in prosecution of mass atrocities, international and hybrid courts, transitional justice
  • Education: Juris Doctor (Summa Cum Laude, Loyola University, New Orleans College of Law)
  • Professional Background: Clerk for Hon. Carl J. Barbier, U.S. District Court (Eastern District of Louisiana); Civil litigation practice; ABA Section of International Law roles
  • Volunteer Roles: International Humanitarian Law Instructor, Certified Trial Monitor (Clooney Foundation for Justice)

Key Points of Lecture

Overview of International Criminal Law (ICL)

• ICL: Enforces violations of International Humanitarian Law (IHL), focuses on individual criminal liability
• ICL and Acronyms: Warning on heavy use of acronyms
• Two-Part Series:
  • Part 1: Introduction to principles and foundations of ICL
  • Part 2: Overview of the International Criminal Court (ICC)
• Purpose:
  • Holding individuals responsible for severe international law violations
  • Restoring victims and communities
  • Prevention of future international crimes

Key Questions for Discussion

1. Where is ICL Enforced?
2. What is ICL?
3. What are International Crimes?
4. What International Criminal Courts Exist?

Where is ICL Enforced?

Simplistic Hypothetical to Explain

• Hypothetical Case: Country A vs. Country B
• War Crime: Soldiers from Country A bomb a hospital in Country B
• Question: How are these soldiers prosecuted?

Options for Prosecution

1. Domestic Courts:
   • Country B Courts: Authority through territorial jurisdiction
   • Country A Courts: Authority through national jurisdiction
2. Military Tribunals/Court Martials:
   • Domestic Military Tribunals: Both Country A and Country B could use
   • International Prosecuting POWs under Geneva Conventions
3. International Criminal Courts:
   • Used as last resorts, only if domestic/military courts are unable/unwilling to prosecute
   • Example: International Criminal Court (ICC)

What is International Criminal Law (ICL)?

• Definition: Field of international law that imposes individual criminal liability for severe violations of international law
• Goals:
  • Accountability and retribution for heinous crimes
  • Victim and community restoration
  • Prevention of future crimes
• Principles:
  • Individual responsibility (not state or entity)
  • No immunity for governmental or head of state roles
• Historical Reference: Principles articulated in Nuremberg Tribunal
  • Quote: “Crimes against international law are committed by men, not by abstract entities…”
• Examples: Prosecutions of high-ranking officials like Slobodan Milosevic

Elements of Individual Responsibility

• Direct Perpetrators: Those who commit the act on the ground
  • Defense of “following orders” generally not accepted
• Superiors: Individuals who order subordinates to commit the crimes
• Command Authority: Military or government officials who knew or should have known about the crimes and failed to prevent them

Sources of International Criminal Law

• Governing Statutes: Statutes establishing and governing each tribunal/court
• Treaties: Agreements among states, e.g., Geneva Conventions, Genocide Convention
• Customary International Law: State practices and beliefs
• Judicial Decisions: Not binding but persuasive
• Learned Writings: Scholarly articles and papers

What are International Crimes?

Four Core Categories:

1. War Crimes:
   • Definition: Must be connected to an ongoing armed conflict
   • Categories:
     • Grave breaches of Geneva Conventions
     • Serious violations of customary international humanitarian law
   • Example: Abu Ghraib prisoner abuse
2. Genocide:
   • Definition: Intent to destroy in whole or in part a national, ethnical, racial, or religious group
   • Challenges: Proving intent
   • Example: Chinese government’s conduct against Uyghur Muslims, ongoing investigations
3. Crimes Against Humanity:
   • Definition: Various acts like murder, rape when part of a widespread/systematic attack on civilians
   • Example: Treatment of Rohingya Muslims in Myanmar
4. Crime of Aggression:
   • Definition: Unlawful use of armed force by one state against another
   • Example: Assassination of Qassem Soleimani

• Overlap: Crimes can fall into multiple categories

What International Criminal Courts Exist?

Historical Context

• Post-WWII Tribunals: Nuremberg and Tokyo tribunals
• 1990s Ad Hoc Tribunals: ICTY (Yugoslavia), ICTR (Rwanda)
  • Created in response to atrocities in Balkans and Rwanda
• Hybrid Tribunals: Combining international and local capacity and legitimacy
  • Examples: East Timor, Sierra Leone, Cambodia, Lebanon, Kosovo

International Criminal Court (ICC)

• Location: The Hague
• Jurisdiction: All four categories of core crimes
• Deep Dive: Discussion in next class

Q&A Highlights

• Retrying Acquitted Individuals: Generally not allowed unless domestic trials were sham trials
• Diplomatic Immunity: Not applicable in cases of core international crimes
• Cyber Crimes: Currently not within the scope of ICL but an emerging discussion
• Jurisdiction of New Tribunals: Defined by the creating body, often a mix of international and local involvement
• Enforcing Sentences: Varies by court, ICC delegates to state parties

Next Class

• Topic: International Criminal Court (ICC)
• Date: Thursday, June 10th at 4 PM

Contact Information

• Questions: Direct to Sarah Ox or American Red Cross contacts provided in the chat