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'?
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'.
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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?
- 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?
- 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'?
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?
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