Chapter four – International Criminal Law:General Introduction Learning objectives: To ensure participants acquire a basic understanding of the notion of international crimes and international criminal law. To facilitate understanding of the scope of international criminal law, particularly its relation to human rights and humanitarian law. To discuss the application of international criminal law .

Questions Why is international criminal law important in general? Has your country been involved in a conflict, either of an international or internal character?

Questions How do you, as judges, prosecutors and/or lawyers, see your role in promoting understanding of international crimes ? Are there any alternatives to international criminal law?

What is international criminal law? International criminal law is a body of international rules prescribing international crimes and regulating principles and procedures governing the investigation, prosecution and punishment of these crimes. International criminal law imposes on perpetrators direct individual criminal responsibility for international crimes. States are under the obligation to prosecute and punish at least some of those crimes.

Cont.. The body of rules of international criminal law can therefore be divided into substantive and procedural criminal law. The rules on substantive international criminal law determine the following: • acts which amount to international crimes. • mental elements of international crimes.

Cont… the circumstances which may excuse the accused from individual criminal liability. • the conditions under which the States may or must, under international rules, prosecute persons accused of international crimes.

Cont… The rules on procedural international criminal law regulate various stages of international trials (investigation, prosecution, trial, appeal, sentencing, enforcement of judgments) related matters such as admission of evidence and the protection of victims and witnesses.

General characteristics of international criminal law • is a relatively new body of law. • is a combination of international law and domestic criminal law. • deals with individual criminal responsibility. • criminalizes acts prohibited under international law.

Cont… there is no uniform codification of international criminal law. • there is no truly universal court. • is comprised of rudimentary rules which are still in the process of formation. At present the competence to enforce international criminal law is shared between international and domestic criminal courts.

What is an international crime? There is no universally accepted definition of an international crime nor general criteria for determining the scope and the content of an international crime. Nevertheless, various attempts have been made to define the general characteristics of international crimes:

General characteristics of international crimes • crimes which violate or threaten fundamental values or interests protected by international law and which are of concern to the international community as a whole.

CONT… • crimes which may be prosecuted before international or domestic criminal courts in accordance with the principle of universal jurisdiction.

CONT.. In accordance with the above general criteria for defining an international crime, the following crimes have been regarded as genuine or ‘core’ international crimes.

CONT… • genocide; • war crimes; • crimes against humanity; and • crime of aggression (also referred to as crimes against peace).

CONT… • piracy. • torture. • terrorism. • slavery. • international trafficking with illicit drugs. • certain offences committed on board of aircraft and certain unlawful acts against air traffic security. • trading in women and children. • excessive fishing.

CONT… • pollution of the seas; • offences against submarine cables . • offences against persons protected by international law. • serious apartheid offences. • international hostage taking.