Unit 1689: International Criminal Law

1. Introduction to International Criminal Law

1.1 Development of International Criminal Law

• Historical evolution from early war crimes to modern international law
• Key milestones: Nuremberg Trials, Geneva Conventions, Rome Statute

1.2 Sources of International Criminal Law

• Treaties and conventions
• Customary international law
• General principles of law recognized by civilized nations
• Judicial decisions and scholarly writings

1.3 Principles of International Criminal Law

• Legality (nullum crimen sine lege)
• Individual criminal responsibility
• Complementarity
• Non-retroactivity
• Distinction between international and domestic crimes

2. International Criminal Tribunals

2.1 International Criminal Court (ICC)

• Mandate and jurisdiction
• Structure and functioning
• Key cases and impact

2.2 International Criminal Tribunal for the Former Yugoslavia (ICTY)

• Historical context and mandate
• Major achievements and legacy

2.3 International Criminal Tribunal for Rwanda (ICTR)

• Background and mandate
• Contribution to international criminal justice

2.4 Other Relevant Tribunals

• Special Court for Sierra Leone
• Extraordinary Chambers in the Courts of Cambodia

3. Elements of International Crimes

3.1 Genocide

• Definition and specific intent
• Protected groups

3.2 Crimes Against Humanity

• Widespread or systematic attack
• Enumerated acts (murder, torture, enslavement, etc.)

3.3 War Crimes

• Grave breaches of Geneva Conventions
• Conduct during international and non-international armed conflicts

3.4 Crime of Aggression

• Definition under the Rome Statute
• Conditions for prosecution

4. Jurisdiction in International Criminal Law

4.1 Types of Jurisdiction

• Territorial jurisdiction
• Nationality jurisdiction
• Universal jurisdiction

4.2 Principle of Complementarity

• Relationship between ICC and domestic courts
• Admissibility criteria

4.3 Challenges and Issues

• Conflicts of jurisdiction
• Sovereignty concerns

5. Individual Criminal Responsibility

5.1 General Principles

• Personal liability for international crimes

5.2 Modes of Liability

• Direct perpetration
• Co-perpetration
• Aiding and abetting
• Command and superior responsibility

5.3 Joint Criminal Enterprise

• Concept and application

6. Defenses and Immunities in International Criminal Law

6.1 Recognized Defenses

• Mistake of fact
• Duress
• Superior orders (obedience to orders)

6.2 Immunities for State Officials

• Functional immunities
• Personal immunities
• Issues regarding prosecution of heads of state

6.3 Limitations and Controversies

7. Prosecution and Investigation of International Crimes

7.1 Investigation Procedures

• Evidence collection techniques
• Role of forensic and expert evidence

7.2 Witness Protection

• Importance and methods
• Challenges faced

7.3 Cooperation Between States

• Mutual legal assistance
• Challenges in cross-border investigations

7.4 Role of Prosecutors

• Independence and challenges

8. Enforcement of International Criminal Law

8.1 Extradition

• Legal frameworks and procedures

8.2 Mutual Legal Assistance

• Forms and significance

8.3 Role of Interpol

• Combating transnational crimes
• Facilitating international cooperation

8.4 Challenges in Enforcement

• Political will
• Resource constraints

9. Sentencing and Penalties in International Criminal Law

9.1 Sentencing Principles

• Proportionality and individual circumstances

9.2 Types of Penalties

• Imprisonment
• Fines
• Reparations and restitution to victims

9.3 Victim Participation and Reparations

• Role of victims in sentencing
• Forms of reparations

10. Contemporary Issues in International Criminal Law

10.1 Prosecution of Terrorism-Related Crimes

• Definition and challenges
• Jurisdictional issues

10.2 Cybercrimes in International Criminal Law

• Emerging threats
• Legal gaps and responses

10.3 Intersection of Human Rights and International Criminal Law

• Complementarity and conflicts
• Protection of human rights during prosecutions

10.4 Political and Practical Challenges

• Selectivity and bias
• Enforcement difficulties