International criminal law

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the issuance of a warrant of arrest for Lubanga, which was granted by the Pre-Trial Chamber I on 10 February 2006. On 17 March 2006 Congolese authorities surrendered Lubanga to the Court, where he was held in their detention center in the Hague until 20 March 2006, where he made his first court appearance to confirm his identity, ensure he was informed of the crimes of which he was accused, and receive a counsel of defense. From 26 August 2011 to 14 March 2012, the Trial Chamber I, composed of judges from France, the Dominican Republic, and Hungary, heard Lubanga’s case, which included 36 witnesses, including 3 experts called by the Office of the Prosecutor, 24 witnesses called by the defense and three witnesses called by the legal representatives of the victims participating in the proceedings. The Chamber also called four experts and a total of 129 victims, represented by two teams of legal representatives and the Office of Public Counsel for Victims. Trial Chamber I unanimously found Lubanga guilty as a co-perpetrator of the war crimes of conscripting and enlisting children under the age of 15 and using them to participate actively in hostilities from 1 September 2002 to 13 August 2003.

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for the defense, ensure that a person is not detained for an unreasonable period prior to trial, and safeguard information affecting national security Trial: three judges decide if there is enough evidence to prove beyond a reasonable doubt that the accused is guilty as charged, sentence those found guilty, and pronounce the sentence in public, order reparation to victims, including restitution, compensation and rehabilitation

509:, or the process of transforming societies into rights-respecting democracies and addressing past human rights violations. Investigations and trials of leaders who have committed crimes and caused mass political or military atrocities is a key demand of victims of human rights abuses. Prosecution of such criminals can play a key role in restoring dignity to victims, and restoring trusting relationships in society. 689: 1178:, was arrested on 20 July 2011. The ICTY's final judgment was issued on 29 November 2017 and the institution formally ceased to exist on 31 December 2017. Residual functions of the ICTY, including oversight of sentences and consideration of any appeal proceedings initiated since 1 July 2013, are under the jurisdiction of a successor body, the 949:

proceedings and that the sentence is proportionate to the crimes. The appeal judges are also empowered to confirm, reverse or amend an order for reparations revise the final judgment of conviction or the sentence, and hear appeals on a decision on jurisdiction or admissibility, interim release decisions and interlocutory matters

1515:, p. 6: "Genocide is an action-oriented model designed for moral condemnation, prevention, intervention or punishment. In other words, genocide is a normative, action-oriented concept made for the political struggle, but in order to be operational it leads to simplification, with a focus on government policies."; 953:

but not in the Court’s custody, and one is appealing his conviction. Seventeen proceedings have been completed, resulting in three convictions, one acquittal, six had the charges against them dismissed, two had the charges against them withdrawn, one had his case declared inadmissible, and four died before trial.

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summonses to appear, authorize victims to participate, and order witness protection measures. They elect among themselves the ICC president and two vice presidents who head the court. The Court has three Judicial Divisions who hear matters at different stages of the proceedings: Pre-Trial, Trial, and Appeals.

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region between 2002 and 2003. FPLC recruited children as young as 11 from their homes and schools to participate in an ethnic fighting, and many were taken to military camps, where they were beaten, drugged, and girls used as sex slaves. On 13 January 2006 the ICC Prosecution filed an application for

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Pre-Trial: three judges decide if there is enough evidence for a case to go to trial, and if so, confirm the charges and commit the case to trial. They are responsible to issue arrest warrants or summonses to appeal, preserve evidence, protect suspects and witnesses, appoint counsel or other support

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The rules or principles applied to a case will depend on the type of body presiding over the matter. National courts may not necessarily apply rules and principles from international law as an international tribunal might. The law as applied by specific tribunals may vary depending on the Statute of

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So far, the Tribunal has finished 50 trials and convicted 29 accused persons. Another 11 trials are in progress. 14 individuals are awaiting trial in detention; but the prosecutor intends to transfer 5 to national jurisdiction for trial. 13 others are still at large, some suspected to be dead. The

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The Court's Pre-Trial Chambers has publicly indicted 41 people, and issued arrest warrants for 33 others, and summonses to eight more. Seven people are currently in ICC detention. At the trial stage, there are 23 ongoing proceedings, as 12 people are at large as fugitives, three are under arrest

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Appeal: five judges handle appeals filed by parties that confirm, reverse or amend a decision on guilt or innocence or on the sentence and potentially order a new trial before a different Trial Chamber. They also ensure that the conviction was not materially affected by errors or by unfairness of

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An example to illustrate the Court’s proceedings is Thomas Lubanga, 51, a Congolese warlord and the first person convicted by the Court for his crimes of recruiting and using child soldiers. In March 2012, Lubanga was found guilty and sentenced to 14 years in prison for abducting boys and girls

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The judicial division of the court consists of 18 judges who are elected by the Assembly of State Parties for their qualifications, impartiality, and integrity, and serve nine-year, non-renewable terms. The judges are responsible to ensure fair trials, render decisions, issue arrest warrants or

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to address the most grievous atrocities. It has not been an ideal instrument to make the fine and nuanced distinctions typical of national law, for these shift focus from those large scale atrocities that "shock the conscience", with which it is concerned. This creates significant differences of

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57 people. Proceedings against 25 are ongoing: 20 are at large as fugitives and five are on trial. Proceedings against 32 have been completed: two are serving sentences, seven have finished sentences, four have been acquitted, seven have had the charges against them dismissed, four have had the

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is the rule rather than the exemption. A recent documentary, for instance, states that more than 800,000 SS soldiers survived the war. While several thousand were prosecuted for war crimes, only 124 were convicted. The apprehension and conviction rates for international tribunals are as equally

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defines genocide as any of five "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group." These five acts are: killing members of the group, causing them serious bodily or mental harm, imposing living conditions intended to destroy the group,

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in Colombia until 1999. The application of human rights treaties to these groups remains the exception, rather than the rule. Human rights are usually understood conceptually as those rights individuals hold against the state, and some scholars argue that they are poorly suited to the task of

1224:, "apply the definition of the crime of aggression" established in customary international law and "have the power to issue international arrest warrants and not be limited by State immunity or the immunity of heads of State and government and other State officials." In November 2022 the 557:

and other payments for damages caused by violations of international law, but does not impose criminal responsibility on organizations in their capacity as organizations. Under Article 9, the SS and several Nazi other organizations were criminalized, including the Leadership Corps of the

867:. It is designed to complement existing national judicial systems: it can exercise its jurisdiction only when national courts are unwilling or unable to investigate or prosecute such crimes. Primary responsibility to investigate and punish crimes is therefore left to individual states. 1511:, pp. 5–17: "On any ranking of crimes or atrocities, it would be difficult to name an act or event regarded as more heinous. Genocide arguably appears now as the most serious offense in humanity’s lengthy—and, we recognize, still growing—list of moral or legal violations."; 397:

preventing births, and forcibly transferring children out of the group. Victims are targeted because of their real or perceived membership of a group, not randomly. Genocide, especially large-scale genocide, is widely considered to signify the epitome of human

553:(SS), allows the criminalization of certain organizations (presumably state-supported) and prosecution for membership by allowing individuals to be prosecuted where evidence was otherwise insufficient. It also has some implications concerning asset seizures, 483:

of ports. Aggression is generally a leadership crime that can be committed only by those with the power to shape a state's policy of aggression, rather than those who carry it out. The philosophical basis for the wrongness of aggression is found in

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publishes developments in The Hague courts, tribunals and organisations including the International Court of Justice, the Permanent Court of Arbitration, the International Criminal Tribunal for the former Yugoslavia, and the International Criminal

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on 6 May 2002, Sudan on 26 August 2008, and Russia on 30 November 2016—have informed the UN Secretary General that they no longer intend to become states parties and, as such, have no legal obligations arising from their signature of the Statute.

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At the trial of any individual member of any group of organization the Tribunal may declare (in connection with any act of which the individual may be convicted) that the group or organization of which the individual was a member was a criminal

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The court's creation perhaps constitutes the most significant reform of international law since 1945. It gives authority to the two bodies of international law that deal with treatment of individuals: human rights and humanitarian law.

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and called upon the international community to "take collective action towards the establishment of an international tribunal to prosecute the crime of aggression committed by Russia with its war against Ukraine." In November 2022 the

910:, Nigeria, Georgia, Honduras, South Korea, Ukraine and Venezuela. Preliminary investigations were closed in Gabon; Honduras; registered vessels of Comoros, Greece, and Cambodia; South Korea; and Colombia on events since 1 July 2002. 654: 504:

The prosecution of severe international crimes—including genocide, crimes against humanity, and war crimes—is necessary to enforce international criminal law and deliver justice to victims. This is an important component of

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designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are

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International criminal law is a subset of international law. As such, its sources are those that comprise international law. The classical enumeration of those sources is in Article 38(1) of the 1946 Statute of the

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obliges these states to refrain from "acts which would defeat the object and purpose" of the treaty until they declare they do not intend to become a party to the treaty. Four signatory states—Israel in 2002, the

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in the situation of the DR Congo) is to start in July 2011 while two new cases (against a total of six persons in the situation of Kenya) will begin with the suspects' first appearances in April 2011.

1039:. Through several resolutions, the Security Council called on the Tribunal to complete its investigations by end of 2004, complete all trial activities by end of 2008, and complete all work in 2012. 2038: 436:. Like genocide, crimes against humanity can be committed against people who do not fulfill the criteria of protected persons in the context of interstate conflicts and are part of an official 820: 1101:

International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991

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genocide is worth it because not only does it often work, but the chances of punishment for those who orchestrate and carry it out are, if existent, relatively inconsequential.

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only in cases where the accused is a national of a state party, the alleged crime took place on the territory of a state party, or a situation is referred to the court by the

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This article is about international criminal law and crimes against international law. For crimes that have actual or potential effect across national borders, see

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Practice and Procedure of the International Criminal Tribunal for the Former Yugoslavia with selected materials from the International Criminal Tribunal for Rwanda

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under the age of 15 and forcing them to fight in for his army, the Force Patriotique pour la Libération du Congo (FPLC), in the Democratic Republic of Congo’s

141:. However, it was only after the war that a truly international crime tribunal was envisaged to try perpetrators of crimes committed in this period. Thus, the 2852: 2738: 3582: 3306: 891: 875: 3111: 3268: 887: 883: 2028: 841: 1775:

The sum of (a) states parties, (b) signatories and (c) non-signatory United Nations member states is 195. This number is two more than the number of

3750: 2916: 808: 629: 186: 1171:. Various countries reached agreements with the UN to carry out custodial sentences. The last indictment issued by the ICTY was on 15 March 2004. 2104: 1922: 1884: 1071: 1036: 100:, thus inventing international criminal law. After being dormant for decades, international criminal law was revived in the 1990s to address the 17: 1639: 3780: 1287: 1144: 1028: 1001: 710: 89: 2713: 831:

were member states, but later withdrew effective 27 October 2017 and 17 March 2019, respectively. A further 31 countries have signed but not

1032: 1841: 1812: 933:. Another two people have been committed to a fourth trial in the situation of Darfur, Sudan. One confirmation of charges hearing (against 615:

Apart from these institutions, some "hybrid" courts and tribunals exist—judicial bodies with both international and national judges:

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ruled in 1946 that aggression was "the supreme international crime" because "it contains within itself the accumulated evil of the whole".

2614: 2468: 1147:, which was passed on 25 May 1993. It had jurisdiction over four clusters of crime that had been committed on the territory of the former 2130: 717: 2687: 856:, are critical of the Court. Ukraine, a non-ratifying signatory, has accepted the Court's jurisdiction for a period starting in 2013. 3760: 1519:, pp. 149–189: "... genocide has become the yardstick, the gold standard for identifying and measuring political evil in our times 1272: 971: 666: 609: 213: 3647: 3449: 3424: 2768:"PACE calls for an ad hoc international criminal tribunal to hold to account perpetrators of the crime of aggression against Ukraine" 649: 569: 5009: 3575: 1728: 1148: 836: 255:, general principles of law (and as a subsidiary measure judicial decisions and the most highly qualified juristic writings). The 2377:"Statement of the Prosecutor of the International Criminal Court, Fatou Bensouda, concerning referral from the Gabonese Republic" 594: 181:

held its first session in 1945 and pronounced judgments on 30 September / 1 October 1946. A similar tribunal was established for

1074:, all first-instance cases were to have completed trial by the end of 2008 (this date was later extended to the end of 2009). 5082: 3537:

Web Archives (archived 2004-01-13) – provides access to several databases on human rights and international criminal law.

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Too much specific info is currently included after "It 'ICC indictees'"; this section should be a summary/overview only; see

445: 2006: 1455: 906:. Additionally, the Office of the Prosecutor conducted preliminary examinations in situations in Bolivia, Colombia, Guinea, 96:

revolutionized international law by applying its prohibitions directly to individuals, in this case the defeated leaders of

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said the EU will work to establish an ad hoc criminal tribunal to investigate and prosecute Russia's crime of aggression.

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contains an exhaustive list of acts of aggression that can give rise to individual criminal responsibility, which include

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is the planning, initiation, or execution of a large-scale and serious act of aggression using state military force. The

3617: 3262: 811:, entered into force—and it can only prosecute crimes committed on or after that date. The court's official seat is in 1708: 4435: 3993: 3892: 3381: 3364: 3213: 3194: 3101: 3087: 3070: 3021: 2001: 1976: 735: 2437: 2308: 2181: 4549: 4418: 3203: 922: 823:, including all the countries of South America, nearly all of Europe, most of Oceania and roughly half of Africa. 5004: 4351: 4252: 3295: 3026:(fr) Jean Albert (dir.), L'avenir de la justice pénale internationale, Institut Presage, Bruylant, 2018, 383 p. ( 2563: 2539: 2515: 2491: 1320: 1141: 1082: 997: 864: 493: 197: 101: 42: 401:, and can be committed against protected or non-protected persons alike in the context of interstate conflicts. 4511: 4145: 3821: 3765: 1277: 619: 268: 244: 3548:, prominent international criminal law blog covering current developments, often cited in media including the 1495:

Convention on the Prevention and Punishment of the Crime of Genocide art. 2, 78 U.N.T.S. 277, 9 December 1948.

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to finish its work by December 31, 2014, and to prepare its closure and transition of cases to the Mechanism.

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resolving disputes that arise in the course of armed conflict between the state and armed opposition groups.

1212:, have called for the establishment of an international criminal tribunal to "investigate and prosecute the 4671: 4150: 3785: 3770: 3599: 2853:"NATO Parliamentary Assembly designates Russia as a terrorist state, calls for Tribunal - Euromaidan Press" 2674: 2242: 1960: 1776: 1267: 921:

As of March 2011, three trials against four people are underway: two trials regarding the situation in the

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charges against them withdrawn, and eight have died before the conclusion of the proceedings against them.

678: 639: 590: 449: 260: 237: 221: 217: 109: 3555: 2866: 1070:, interim Prime Minister, pleaded guilty. According to the ICTR's Completion Strategy, in accordance with 848:

Forty-one additional states have neither signed nor acceded to the Rome Statute. Some of them, including

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A total of 161 persons were indicted by the ICTY during the course of its existence. The final fugitive,

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will begin functioning with respect to the work begun by the ICTR. The ICTR has been called upon by the

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Genocide, Torture and Terrorism: Ranking International Crimes and Justifying Humanitarian Intervention

1257: 4724: 3816: 2867:"Statement by President von der Leyen on Russian accountability and the use of Russian frozen assets" 1842:"United Nations Treaty Database entry regarding the Rome Statute of the International Criminal Court" 1805:"United Nations Treaty Database entry regarding the Rome Statute of the International Criminal Court" 704: 4519: 4501: 3013: 2891: 930: 367: 57: 4853: 3357:

The Emerging System of International Criminal Law: Developments in Codification and Implementation

4894: 4681: 4170: 4155: 3674: 3484: 3186: 2166: 1047: 404: 325: 294: 166: 121: 70: 2237: 4949: 4934: 3831: 3806: 3699: 2622: 2475: 1726:"The International Criminal Court – A Historic Development in the Fight for Justice" 1262: 1252: 1229: 1164: 785: 623: 348: 193: 158: 3326: 3293: 3174: 2575: 2551: 2351: 1480: 581: 5053: 4646: 4324: 4135: 2527: 2503: 2216: 2162: 1209: 934: 375: 371: 3220: 1054:, which are defined as violations of Common Article Three and Additional Protocol II of the 37: 4774: 4120: 3775: 3632: 2818:"President Zelensky: We are doing everything to create Special Tribunal for Russian crimes" 1677: 506: 142: 81: 3432: 665:

Some domestic courts have also been established to hear international crimes, such as the

448:(1948). Crimes against humanity have been prosecuted by international courts (such as the 8: 4929: 4069: 3986: 3732: 3679: 3642: 3534: 3075: 2895: 2870: 1965:

The Laws of Armed Conflicts: A Collection of Conventions, Resolutions and Other Documents

1725: 1234: 1213: 1201: 993: 793: 468: 456: 393: 298: 182: 74: 31: 3042: 1996: 819:, but its proceedings may take place anywhere. As of February 2024, 124 states are 263:

contains an analogous, though not identical, set of sources that the court may rely on.

4744: 4403: 4257: 4242: 4220: 3964: 3944: 3897: 3887: 3716: 3711: 3684: 3622: 3457: 3408: 3228: 3161: 2295: 2282: 2269: 2238:"Ukraine accepts ICC jurisdiction over alleged crimes committed since 20 February 2014" 1780: 1758: 1745: 1690: 1217: 1152: 1055: 554: 379: 267:

the Tribunal. They may also apply national laws if given the authority to do so as the

178: 1589:""Genocide Is Worth It": Broadening the Logic of Atrocity Prevention for State Actors" 1185: 4729: 4651: 4489: 4232: 4227: 4180: 4105: 4099: 3939: 3857: 3627: 3502: 3488: 3400: 3377: 3360: 3339: 3280: 3258: 3240: 3209: 3190: 3121: 3107: 3097: 3083: 3066: 3051: 3037: 3027: 3017: 2771: 2212: 2204: 2158: 2150: 1972: 1676:

International Criminal Court is sometimes abbreviated as ICCt to distinguish it from

1445: 1352: 1282: 1197: 1175: 1168: 1009: 926: 699: 537: 489: 329: 3165: 2944:"Russia-Ukraine War: Top E.U. Official Calls for Tribunal for War Crimes in Ukraine" 4734: 4701: 4200: 4064: 4059: 4024: 3745: 3694: 3453: 3232: 3153: 2892:"Ukraine: Commission presents options to make sure that Russia pays for its crimes" 2196: 2142: 1968: 1600: 1016:, or by Rwandan citizens in nearby states, between 1 January and 31 December 1994. 1005: 796:(although it cannot currently exercise jurisdiction over the crime of aggression). 533:

International criminal law does not, at present, apply to armed opposition groups.

359: 347:. They also include, for any individual that is part of the command structure, who 228:

establishing the ICC was signed. The ICC issued its first arrest warrants in 2005.

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Individual Responsibility in International Law for Serious Human Rights Violations

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Global Justice or Global Revenge? International Criminal Justice at the Crossroads

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are widespread or systemic criminal acts which are committed by or on behalf of a

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United Nations Office on Genocide Prevention and the Responsibility to Protect

2029:"Annan regrets US decision not to ratify International Criminal Court statute" 137:

Some precedents in international criminal law can be found in the time before

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Extremely Violent Societies: Mass Violence in the Twentieth-Century World

2963:"E.U. proposes special tribunal to investigate Russian crimes in Ukraine" 2220: 1997:"International Criminal Court: Letter to UN Secretary General Kofi Annan" 1992: 1316: 1246: 1156: 1134: 828: 816: 476: 433: 138: 3412: 3388: 5032: 4961: 4841: 4779: 4524: 4445: 4440: 4398: 4380: 4368: 4329: 4175: 4165: 4125: 4110: 4094: 4044: 3981: 3976: 3369: 3352: 3294:

Office of the UN Special Adviser on the Prevention of Genocide (2014).

2341: 1396: 1221: 1051: 559: 472: 363: 309: 162: 3523: 3142:(1 July 2012). "Perspectives on Norman Naimark's Stalin's Genocides". 2688:"The ICTY renders its final judgement in the Prlić et al. appeal case" 4939: 4904: 4846: 4821: 4686: 4583: 4571: 4556: 4544: 4472: 4390: 4363: 4247: 3721: 3531:

The Documentation Centre Netherlands Institute for Human Rights (SIM)

2092:"Reference: C.N.886.2016.TREATIES-XVIII.10 (Depositary Notification)" 1910:"Reference: C.N.138.2018.TREATIES-XVIII.10 (Depositary Notification)" 1872:"Reference: C.N.805.2016.TREATIES-XVIII.10 (Depositary Notification)" 1680:. However, the more common abbreviation ICC is used in this article. 1373:"History | International Criminal Tribunal for the former Yugoslavia" 1130: 812: 789: 633: 524:

disconcerting, even as they are empowering for would-be perpetrators.

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in Nuremberg was the first court to apply international criminal law.

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is the intentional destruction of a people in whole or in part. The

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had commenced preparatory work for the establishment of a permanent

4988: 4973: 4676: 4561: 4358: 3902: 3689: 3540: 2989:"EU special tribunal on Russia an 'important move' to show Ukraine" 1629:. Cambridge Studies in Internation and Comparative Law. p. 56. 1481:

Office of the UN Special Adviser on the Prevention of Genocide 2014

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Proposed international criminal tribunal for the Russian Federation

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International criminal law is best understood as an attempt by the

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Classical international law governs the relationships, rights, and

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The Americas in and before a Century of International Criminal Law

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Crime and Global Justice. The Dynamics of International Punishment

2917:"EU Explores New Steps to Probe Russian Crimes, Use Frozen Assets" 568:

standards have been applied to these groups in some cases, as the

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United Nations Department of Public Information, December 2002.

4978: 4831: 4576: 4467: 4462: 4408: 4079: 3706: 3501:. Oxford: Oxford University Press, 2007, xlviii + 530 pp. 1125: 1116: 1058:(dealing with war crimes committed during internal conflicts). 1020: 1013: 804: 437: 209: 125:

analysis between the legal systems, notably for the concept of

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Accountability of Armed Opposition Groups in International Law

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stated that an international tribunal was to be set up to try

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Kosovo Specialist Chambers and Specialist Prosecutor’s Office

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Judging War Criminals. The Politics of International Justice

1771: 1769: 1767: 1652: 4801: 4749: 4605: 4003: 3919: 3518: 2578: page 1. 18 July 2008. Retrieved 2008-07-23. 2438:"Thomas Lubanga sentenced to 14 years for Congo war crimes" 2418: 398: 1827: 1787:

being states parties but not United Nations member states.

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International Criminal Tribunal for the Russian Federation

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in 1993; in 1998, at a diplomatic conference in Rome, the

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