Lecture Notes: International Humanitarian Law, International Criminal Court, and International Criminal Tribunals

Lecturer: Paris Zuffer, Research Fellow at GIL

Topics Covered:

1. Introduction to International Humanitarian Law (IHL)
2. Sources and Key Principles of IHL
3. Introduction to International Criminal Law and International Criminal Court (ICC)
4. 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

1. International Armed Conflict (IAC): Conflict between two or more states.
2. 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

1. First Geneva Convention (1864): Protection to wounded soldiers and medical personnel.
2. 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.
3. 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

1. Principle of Distinction: Differentiate between combatants/civilians, military/civilian objectives.
2. Principle of Proportionality: Attacks must be proportionate.
3. 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.