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E-: The Juridisdiction of Domestic Criminal Courts and International Criminal Courts and Tribunals under International Law

11 important questions on E-: The Juridisdiction of Domestic Criminal Courts and International Criminal Courts and Tribunals under International Law

In what two categories can the rules of 'international criminal law' be divided?

Substantive rules (primary): rules identifying the offences that amount to international crimes, for which individuals can be held responsible.
Procedural rules (secondary): consists of rules regulating the international proceedings of prosecuting persons accused of international crimes. It also includes rules related to the jurisdiction of international courts and tribunals.

What is 'delicta juris genium'?

Crimes which offended whole mankind

What is meant with the double-intent test concerning genocide?

The first, refers to the intent to commit a specific criminal act -- such as killing members of a group.
The second, refers to the intent to 'destroy the group in whole or in part'.

In other words, the perpetrator needs to have a larger genocidal intent, in the process of carrying out the specific criminal acts.

Do HRSO's have immunity of the ICJ or the IC tribunals?

Former or incumbent high-ranking state officials do not have immunity before the prominent international criminal courts/tribunals (27 RS)

How were the ICTY, ICTR and the ICC created?

The ICTY and the ICTR were both created by binding resolutions of the UN Security Council acting under Chapter VII of the UN Charter. By contrast, the ICC was established by an international treaty -- the 'Rome Statute '.

What is the difference between the jurisdiction of the ICC and the jurisdiciton of the two tribunals (ICTY and ICTR)?

The ICC has complementary jurisdiction, which means that it only has jurisdiction if national courts are unable or unwilling to genuinely prosecute/investigate. The tribunals have concurrent jurisdiction, which means that they can have jurisdiction at the same time as national tribunals.

Which case concerns the primacy of an international tribunal over national courts? What is are the two rules of law of that case?

Tadic case.

An international tribunal must be endowed with primacy over national courts. Otherwise there would be a danger of international crimes being designed to shield the accused, or of cases not being diligently prosecuted. (ROL exactly in case)
The defendant challenged the jurisdiction of the ICTY. This challenge led to a decision by the Tribunal concerning its jurisdiction. The Tribunal pronounced that when there is a dispute regarding its jurisdiction, the Tribunal has an inherent competence to determine the extent of its own jurisdiction. This concept is also known as 'Kompetenz-Kompetenz' .

What did the Tadic case made clear concerning the power that the UN SC has to set up a criminal tribunal?

The Tribunal run through the following arguments of the defendant:

that the Un Charter did not confer upon the UNSC the power to set up a judicial organ
that the UNSC, not itself a judicial body, could thus not set up an institution with judicial powers, and
that the setting up of a judicial body fell outsite the mandate of the UNSC, which is to maintain international peace and security.

What is a 'composite crime'?

A crime composed of a series of acts taking place over a period of time, as opposed to, for instance, a single instance of murder.

What are the four characteristics of the jurisdiction of the ICC?

Temporal -> only after 2002
Territorial -> only on territory ms's /states that have accepted jurisdiction OR referred by security council
Personal -> nationals of ms's/states that have accepted jurisdiction but (exception) a) if crime is committed on ms's territory or b) situation under 13(b) RS
Material: 5 RS, only four crimes

What are mixed criminal courts or tribunals?

For example, mixed criminal courts and tribunals consist of both international judges and judges that have the same nationality of the state where the criminal trials are being held.

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Public International Law

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E-: The Juridisdiction of Domestic Criminal Courts and International Criminal Courts and Tribunals under International Law

11 important questions on E-: The Juridisdiction of Domestic Criminal Courts and International Criminal Courts and Tribunals under International Law

In what two categories can the rules of 'international criminal law' be divided?

What is 'delicta juris genium'?

What is meant with the double-intent test concerning genocide?

Do HRSO's have immunity of the ICJ or the IC tribunals?

How were the ICTY, ICTR and the ICC created?

What is the difference between the jurisdiction of the ICC and the jurisdiciton of the two tribunals (ICTY and ICTR)?

Which case concerns the primacy of an international tribunal over national courts? What is are the two rules of law of that case?

What did the Tadic case made clear concerning the power that the UN SC has to set up a criminal tribunal?

What is a 'composite crime'?

What are the four characteristics of the jurisdiction of the ICC?

What are mixed criminal courts or tribunals?

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