1. International Criminal Law Minna Kimpimäki Senior Assistant University of Lapland Faculty of Law

2. Timetable O Mon 8.4. at 14-16, LS 10 O Tue 9.4. at 10-12, 14-16, LS 10 O Wed 14.4. at 14-16, LS 10 O Lecture test I, 15.4. at 14.00-16.00, LS 10 O Lecture test II, 24.4. at 10.00-12.00, LS 10 O Essays: deadline Mon 13.5.2013

3. Courses O OLAW0302 INTERNATIONAL CRIMINAL LAW O Lectures + lecture test + essay compensate the litterature of the course (5 ECTS) O OAIT1014 KANSAINVÄLINEN RIKOSOIKEUS O Luennot + luentokuulustelu + essee korvaavat opintojakson kirjallisuuden (5 op.) O OAIO1001 RIKOSOIKEUS O Luennot + luentokuulustelu: pakollinen luentosarja (0,5 op.) tai 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 criminal tribunals OR O criminal jurisdiction of the states

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)!!! 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! O DEADLINE 13.5.2013

6. International Crimes

7. 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, aggression, torture O International tribunals

8. B. Treaty crimes O Treaty crimes / common international crimes / international crimes in the broad sense 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…

9. 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

10. I Genocide

11. 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

12. 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.

13. Responsibility O Individual criminal responsibility O National courts O International criminal tribunals O The responsibility of states O International responsibility, not criminal responsibility O International Court of Justice (ICJ): Case concerning Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Bosnia and Herzegovina v. Serbia and Montenegro), Judgment of 26 February 2007

14. II Crimes against humanity

15. 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

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

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

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

19. …Acts… O Persecution against any idenfiable 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

20. …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

21. III War crimes

22. 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

23. 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

24. 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

25. 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

26. 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

27. 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

28. …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…

29. 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

30. 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

31. IV Torture

32. 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

33. V Terrorism

34. Terrorism, definition? O Use/threat of violence O ”act…intented to cause death or serious bodily injury to a civilian…” 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 other persons or institutions O ”… or to compel a government or an international organization to do or to abstain from doing any act…”

35. 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

36. 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

37. Jurisdiction O Aut dedere aut judicare O Special arrangements O Lockerbie court O Special Tribunal for Lebanon

38. 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 …