Lecture Notes: International Humanitarian Law, International Criminal Court, and International Criminal Tribunals
Lecturer: Paris Zuffer, Research Fellow at GIL
Topics Covered:
- Introduction to International Humanitarian Law (IHL)
- Sources and Key Principles of IHL
- Introduction to International Criminal Law and International Criminal Court (ICC)
- International Criminal Tribunals: ICTY and ICTR
1. Introduction to International Humanitarian Law (IHL)
- Definition: Branch of public international law that regulates conduct during armed conflicts.
- Also known as jus in bello (justice in war).
- Purpose: Limit consequences of armed conflict through principles and rules.
- Applicability: Only in situations of armed conflicts.
Armed Conflict Definition
- Defined by International Criminal Tribunal for the former Yugoslavia (ICTY) in Prosecutor vs. Tadic case.
- Exists when there is resort to armed forces between states or between state and organized armed groups.
- Applicability: From initiation of armed conflicts and extends beyond cessation of hostilities.
Classification of Armed Conflicts
- International Armed Conflict (IAC): Conflict between two or more states.
- Non-International Armed Conflict (NIAC): Conflict within a state between governmental authorities and organized armed groups.
2. Sources and Key Principles of IHL
Sources of IHL
- Treaties and Customs: Similar to sources of public international law.
- Examples: Geneva Conventions, Hague Conventions, Additional Protocols.
- Historical Source: Battle of Solferino (1859), leading to Henry Dunant’s book A Memory of Solferino (1862).
Key Treaties
- First Geneva Convention (1864): Protection to wounded soldiers and medical personnel.
- Four Geneva Conventions (1949): Core of IHL, protecting non-combatants.
- GC I: Wounded and sick soldiers on battlefield.
- GC II: Wounded and sick soldiers at sea.
- GC III: Treatment of prisoners of war.
- GC IV: Protection of civilians.
- Additional Protocols: (1977, 2005): Supplement Geneva Conventions, enhance protection.
- Protocol I: International armed conflicts.
- Protocol II: Non-international armed conflicts.
- Protocol III: Established red crystal emblem.
Fundamental Principles of IHL
- Principle of Distinction: Differentiate between combatants/civilians, military/civilian objectives.
- Principle of Proportionality: Attacks must be proportionate.
- Principle of Necessity: Use only necessary force as a last resort.
3. International Criminal Law and International Criminal Court (ICC)
- Necessity: Hold individuals accountable for serious violations of international law.
- Definition: Branch of public international law that deals with individual accountability.
- Sources: Treaties, customary international law, and general principles of law.
International Criminal Court (ICC)
- Nature: Treaty-based permanent institution with legal personality.
- Established: 1998.
- Mandate: Jurisdiction over genocide, aggression, crimes against humanity, and war crimes.
- Standards: Observes fairness and due process.
4. International Criminal Tribunals: ICTY and ICTR
International Criminal Tribunal for the former Yugoslavia (ICTY)
- Established: 1993 by UN Security Council.
- Purpose: Prosecute serious violations of IHL in former Yugoslavia (1991- onwards).
International Criminal Tribunal for Rwanda (ICTR)
- Established: 1994 by UN Security Council.
- Purpose: Prosecute genocide and serious violations of IHL in Rwanda and neighbors.
Mechanism for International Criminal Tribunals
- Established: 2010 by UN Security Council.
- Purpose: Carry out essential functions post ICTY and ICTR mandates.
Key Contributions
- ICTR: Delivered first verdicts on genocide, interpreted 1948 Genocide Convention, defined rape in international law.
- ICC vs Tribunals: ICC has different scope and functions but builds on principles established by Tribunals.