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What are the main sources of international criminal law?
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Statutes governing each court, treaties, customary international law, judicial decisions, and learned writings.
What is the significance of the International Criminal Court (ICC) located in The Hague?
The ICC has jurisdiction over all four categories of core international crimes and serves as a court of last resort for prosecuting these crimes.
What is the role of superior responsibility in individual criminal liability?
Superiors who order subordinates to commit crimes or those who know or should have known about crimes and failed to prevent them can be held responsible.
What historical examples illustrate the prosecution of crimes against humanity?
Examples include the treatment of Rohingya Muslims in Myanmar and abuse at Abu Ghraib prison.
What is the primary focus of International Criminal Law (ICL)?
ICL focuses on individual criminal liability for severe violations of international humanitarian law.
What are hybrid tribunals, and why are they created?
Hybrid tribunals combine international and local capacity and legitimacy to address crimes, examples include tribunals in East Timor, Sierra Leone, Cambodia, Lebanon, and Kosovo.
Can diplomatic immunity protect against prosecution of core international crimes?
No, diplomatic immunity does not apply in cases of core international crimes such as war crimes, genocide, crimes against humanity, and crime of aggression.
What is the challenge in prosecuting genocide?
The primary challenge is proving the intent to destroy in whole or in part a national, ethnical, racial, or religious group.
How are domestic military tribunals relevant to International Criminal Law?
They can prosecute under the authority given by territorial or national jurisdiction, often applying the Geneva Conventions to prisoners of war.
What differentiates domestic courts' jurisdiction over international crimes from international criminal courts?
Domestic courts can have jurisdiction through territorial or national jurisdiction, while international criminal courts are often last resorts if domestic or military courts are unwilling or unable to prosecute.
What are the major goals of International Criminal Law (ICL)?
The goals are accountability and retribution for heinous crimes, victim and community restoration, and prevention of future crimes.
What is the definition of a war crime?
A war crime must be connected to an ongoing armed conflict and include grave breaches of the Geneva Conventions or serious violations of customary international humanitarian law.
What was the significant contribution of the Nuremberg Tribunal to ICL?
It articulated that crimes against international law are committed by individuals, not abstract entities, establishing the principle of individual responsibility.
What are the four core categories of international crimes?
War Crimes, Genocide, Crimes Against Humanity, and Crime of Aggression.
What is an example of a historical ad hoc tribunal?
The International Criminal Tribunal for Yugoslavia (ICTY) created in response to the atrocities in the Balkans during the 1990s.
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