International Public Law - Presentation

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  • Topic: International Criminal Court, United Nations, Genocide
  • Pages : 5 (1648 words )
  • Download(s) : 48
  • Published : December 26, 2012
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Background basics
International criminal law is a body of international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. Principally, it deals with genocide, war crimes, crimes against humanity as well as the War of aggression. This article also discusses crimes against international law, which may not be part of the body of international criminal law "Classical" international law governs the relationships, rights, and responsibilities of states. Criminal law generally deals with prohibitions addressed to individuals, and penal sanctions for violation of those prohibition imposed by individual states. International criminal law comprises elements of both in that although its sources are those of international law, its consequences are penal sanctions imposed on individuals. History

After the beginning of the war in Bosnia, the United Nations Security Council established the International Criminal Tribunal for the Former Yugoslavia (ICTY) in 1993 and, after the genocide in Rwanda, the International Criminal Tribunal for Rwanda in 1994. The International Law Commission had commenced preparatory work for the establishment of a permanent International Criminal Court in 1993; in 1998, at a Diplomatic Conference in Rome, the Rome Statute establishing the ICC was signed. The ICC issued its first arrest warrants in 2005. Origin

International criminal law is a subset of international law. As such, its sources are the same as those that comprise international law. The classical enumeration of those sources is in Article 38(1) of the 1946 Statute of the International Court of Justice and comprise: treaties, customary international law, general principles of law (and as a subsidiary measure judicial decisions and the most highly qualified juristic writings.) The ICC statute contains an analogous, though not identical, set of sources that the ICC may rely on. Insitutions

International Criminal Court
Main article: International Criminal Court
The International Criminal Court (French: Cour Pénale Internationale; commonly referred to as the ICC or ICCT) is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression (although it cannot currently exercise jurisdiction over the crime of aggression) 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. It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the International Criminal Court, entered into force—and it can only prosecute crimes committed on or after that date The court's official seat is in The Hague, Netherlands, but its proceedings may take place anywhere As of February 2012[update], 120 states are states parties to the Statute of the Court, including all of South America, nearly all of Europe and roughly half the countries in Africa. A further 32 countries, including Russia, have signed but not ratified the Rome Statute; one of them, Côte d'Ivoire, has accepted the Court's jurisdiction. The law of treaties obliges these states to refrain from “acts which would defeat the object and purpose” of the treaty. Three of these states—Israel, Sudan and the United States—have "unsigned" the Rome Statute, indicating that they no longer intend to become states parties and, as such, they have no legal obligations arising from their former representatives' signature of the Statute. 42 United Nations member states have neither signed nor ratified or acceded to the Rome Statute; some of them, including China and India, are critical of the Court. The Palestinian National Authority, which neither is nor represents a United Nations member state, has formally accepted the jurisdiction of...
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