1. International Criminal Law Minna Kimpimäki University Lecturer University of Lapland Faculty of Law

2. Timetable O Mon 11.4. at 14-16, LS 10 O Tue 12.4. at 10-12, 14-16, LS 10 O Wed 13.4. at 10-12, LS 10 O Thu 14.4. at 14-16, LS 10 O Learning diary on Thursday 14.4. O Essays: deadline Wed 11.5.2016

3. Courses O OLAW0302 INTERNATIONAL CRIMINAL LAW O Lectures (including learning diary) + essay compensate the litterature of the course (5 ECTS) O ONVAL0022 KANSAINVÄLINEN RIKOSOIKEUS O Luennot (ml. oppimispäiväkirja) + essee korvaavat opintojakson kirjallisuuden (5 op.) O OAIO1001 RIKOSOIKEUS O Luennot (ml. oppimispäiväkirja), vapaaehtoinen luentosarja (1 lp.)

4. The Theme of the Essay O Students may select the theme of the essay, but it should deal somehow with either O International crimes OR O International criminal courts/tribunals

5. Instructions for the essays O About 10 pages O May be written in English or in Finnish O May be done alone or in pairs O All sources used (including internet sources) must be mentioned in a list of sources AND at the text (footnotes/brackets)!!! O There must be a reference in each paragraph where information is derived from some source. O Use different kind of sources: books, articles etc. - NOT only internet sources! O DO NOT copy directly from the internet!

6. Return of the essays O DEADLINE 11.5.2016 O By e-mail: O minna.kimpimaki@ulapland.fi O Send your essay also to URKUND: O minna.kimpimaki.ly@analyysi.urkund.fi O Send the essay to Urkund only ONCE even if you write the essay together!

7. A. INTERNATIONAL CRIMES

8. Two groups of international crimes: A. Core crimes O Core crimes, international crimes in the narrow sense, crimes under (general) international law O Basis in the customary law: individual responsibility directly on the basis of international law (jus cogens character) O Created after WW II O War crimes, crimes against humanity, genocide… O International tribunals

9. B. Treaty crimes O Treaty crimes / common international crimes / international crimes in the broad sense/ transnational crimes O Basis in international treaties, criminalizations in national criminal codes of the states O Enforcement in states: extradition/prosecution O First international treaties at the late 19th and early 20th century O Several treaties since 70’ies, still expanding O Terrorism, organized crime…

10. A I War crimes

11. War crimes: Law of Geneva O Jus in bello, humanitarian restrictions of warfare O Geneva conventions 1949 O I: wounded and sick in armed forces in the field O II: wounded, sick and shipwrecked members of armed forces at sea O III: prisoners of war O IV: civilian persons in time of war O Protocols

12. War Crimes: Law of Hague O Restrictions of the weapons and of the methods of warfare O Conventions of the Hague, Hague regulations O Protection of cultural property in the event of armed conflict O Prohibition of the recruitment, use, financing and training of mercenaries O Prohibition of chemical weapons O Prohibition of biological weapons O Prohibition of anti-personnel mines O …

13. Rome Statute: War Crimes O Armed conflict O International / Not of an international character O In particular when committed as part of a plan or policy or as part of a large commission of such crimes

14. Art. 8 (2) (a) - Grave breaches of the Geneva Conventions -International armed conflict Art. 8 (2) (b) - Other serious violations of the laws and customs - International armed conflict Art. 8 (2) (c) - Serious violations of article 3 common to the four Geneva Conventions - An armed conflict not of an international character Art. 8 (2) (e) - Other serious violations of the laws and customs - An armed conflict not of an international character

15. Art. 8 (2) (a) O Acts against protected persons O Grave breaches O Wilful killing ◦ torture or inhuman treatment ◦ causing great suffering or serious injury to body or health ◦ extensive destruction and appropriation of property ◦ compelling protected person to serve in the forces of a hostile power ◦ deportation or transfer ◦ taking of hostages

16. Art. 8 (2) (b)… O Obligation to make a distinction between civilian and military targets O Intentionally directing attacks against: O civilian population ◦ civilian objects ◦ undefended towns/villages ◦ buildings dedicated to religion, education, art, science or charitable purposes… O Prohibition of inhuman acts O Physical mutilation ◦ medical/scientific experiments ◦ outrages upon personal dignity ◦ rape, sexual slavery, enforced prostitution, forced pregnancy… O Special protection O UN personnel ◦ children… O Destruction of property & pillaging

17. …Art. 8 (2) (b) O Prohibited methods O Killing/wounding a combatant who has surrendered ◦ making improper use of a flag or truce/uniform of the enemy/distinctive emblems ◦ killing/wounding treacherously… O Prohibited weapons O Poison/poisoned weapons ◦ asphyxiating/poisonous gases/liquids/materials/devices ◦ bullets which expand/flatten easily…

18. Art. 8 (2) (c) O Violations of the article 3 common to the four Geneva Conventions O Violence to life and person (murder, mutilation, cruel treatment, torture) O Outrages upon personal dignity (humiliating and degrading treatment) O Taking of hostages O Passing of sentences/carrying out of executions without previous judgement

19. Art. 8 (2) (e) O Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law O Obligation to make a distinction between civilian and military targets O Prohibition of inhuman acts O Special protection (UN, children) O Prohibited methods O Amendment: Prohibited weapons

20. A II Crimes against humanity

21. Crimes against humanity O This group of international crimes was created after WWII O Definition in the statutes of international criminal tribunals O Nuremberg, Tokyo O ICTY, ICTR O ICC

22. Rome statute: Crimes against humanity O Committed as part of a widespread or systematic attack directed against any civilian population

23. Acts… O Murder O Extermination O Enslavement O Deportation or forcible transfer of population O Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law

24. …Acts… O Torture O Rape, sexual slavery, enforced prostitution, enforced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity

25. …Acts… O Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court

26. …Acts O Enforced disappearance of persons O The crime of apartheid O Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health

27. A III Genocide

28. Genocide O Convention on the prevention and punishment of the crime of genocide (1948) O Restricted definition O Protected groups O Purpose to destroy O Prohibited methods O Restricted jurisdiction

29. Rome statute: Genocide For the purpose of this Statute, ”Genocide” means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such: a) Killing members of the group; b) Causing serious bodily or mental harm to members of the group; c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; d) Imposing measures intended to prevent births within the group; e) Forcibly transferring children of the group to another group.

30. A IV Crime of Aggression

31. Crime of Aggression O Nuremberg O Crimes against peace: O Planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing O UN Charter O Definition of aggression (1974)

32. ICC, Crime of Aggression O Art. 5 Crimes within the jurisdiction of the Court O 1 (d) The crime of aggression O Once provision is adopted O Review Conference, Kampala 2010 O Resolution RC/Res.6, The crime of aggression O Art. 8 bis

33. RC/ Res.6, Art. 8 bis O Person in a position effectively to exercise control over or to direct the political or military action of a State (leadership element) O Planning, preparation, initiation, execution O Act of aggression O GA Resolution 3314 (XXIX) O ”Qualifier” O A manifest violation of the Charter of the UN

34. A V Torture

35. Torture O International & national criminal law, human rights law, humanitarian law O Convention against torture and other cruel, inhuman or degrading treatment or punishment (1984) O Infliction of severe pain or suffering, whether physical or mental, which does not arise only from lawful sanctions O The intentional infliction of pain or suffering O The involvement of a public official in the commission of an act of torture or in its authorization

36. A VI Offences connected to terrorism

37. Terrorism, definition? O Use/threat of violence O ”act…intented to cause death or serious bodily injury to a civilian…”, O violent acts against infrastructure/facilities (+danger to human life/major economic loss), O threathening O Creation of an atmosphere of fear O ”…the purpose of such act … is to intimidate a population...” O Or: Attempt to influence on the acts or opinions of governments/int:l organisations O ”… or to compel a government or an international organization to do or to abstain from doing any act…”

38. Crimes considered in int:l treaties O Criminal acts against air traffic O Piracy / acts against the safety of maritime navigation O Acts against internationally protected persons /UN personnel O Taking of hostages O Terrorist bombings, nuclear terrorism O Financing of terrorism O …

39. European documents O EU, Council framework decision on combating terrorism (2002) O Terrorist offences (including i.a. directing a terrorist group) O CoE, Convention on the Prevention of Terrorism (2005) O Terrorist offences + Public provocation to terrorism, recruitment for terrorism, training for terrorism

40. Special arrangements O Lockerbie court O Special Tribunal for Lebanon

41. Fight against terrorism and human rights O Respect for human rights O Right to life O Prohibition of torture O Liberty and security of person O Fair trial O Private and family life O Freedom of expression O …

42. A VII Offences connected to organized crime

43. Palermo Convention O United Nations Convention against Transnational Organized Crime O Three protocols: O Trafficking in persons, O Smuggling of migrants O Illegal manufacture of and trade in arms

44. Organized criminal group O Three or more persons O Exists for a period of time O Acts in concert with an aim of committing one or more serious crimes or offences O In order to obtain, directly or indirectly, financial or other material benefit

45. Crimes considered in int:l treaties O Narcotic drugs O Trafficking in persons & smuggling of migrants O Counterfeiting currency O Money laundering O Corruption O Participation in an organized criminal group O …

46. B. ENFORCEMENT

47. Responsibility & enforcement O Criminal responsibility of individuals O International criminal tribunals (ICTY, ICTR, ICC…) O Jurisdiction of the states O International responsibility of the states O ICJ O Human rights machineries

48. B I International Criminal Tribunals

49. Earlier tribunals O Efforts after WW I O Nuremberg & Tokyo O ICTY & ICTR

50. ICC O Establishment O Rome Statute O Jurisdiction O Referral of the cases O State consent O Composition & procedure O Obligation to co-operate

51. B 2 Jurisdiction

52. Forms of jurisdiction O Legislative jurisdiction (jurisdiction to prescribe) O Jurisdiction to establish the contents of the national criminal law O Judicial jurisdiction (jurisdiction to adjudicate) O Jurisdiction to apply established jurisdiction in a particular proceedings O Executive jurisdiction O Jurisdiction to commit government actions / to enforce orders

53. Principles of jurisdiction O Principle of territoriality O Flag principle O Protective principle O Passive personality principle O Active personality principle O Universality principle O Principle of representation

54. O Learning diary