1. Atrocity Crimes Holding Individuals Accountable for War Crimes, Crimes Against Humanity and Genocide 1

2. 2 War Crimes Crimes committed: –in violation of international humanitarian law –during armed conflict “Hague” law –Means and methods of warfare “Geneva” law –Protection of persons Displaced child, Chechnya, Russia

3. 3 International and Internal Armed Conflict International armed conflict –Grave breaches of 1949 Geneva conventions –Other serious violations of laws and customs Internal armed conflict –Serious violations of Common Article 3 –Other serious violations of laws and customs

4. 4 General Principles of War Crimes Perpetrator: Any person Distinguishing international from internal armed conflict Mental element –Intent or knowledge –Serious criminal negligence Hermann Goering Nazi commander in WW II, close advisor to Hitler Convicted of war crimes Sentenced to death, committed suicide Nuremburg Tribunal, 1946

5. 5 Grave Breaches: War Crimes Willful killing Torture or inhuman treatment Willfully causing great suffering or serious injury to body or health Taking of hostages Extensive destruction and appropriation of property, not justified by military necessity Compelling service in the forces of a hostile power Willful deprivation of the right to a fair and regular trial Unlawful deportation, transfer, or confinement

6. 6 Other Serious Violations of International Humanitarian Law Intentionally directing attacks against civilian population Intentionally directing attacks against civilian objects which are not military objectives Killing or wounding a combatant who, having laid down his arms, has surrendered Committing outraged upon personal dignity, in particular humiliating and degrading treatment

7. Conscripting or enlisting children under the age of 15 years, or using them to participate actively in hostilities Other violations of humanitarian law 7 Other Serious Violations of International Humanitarian Law (continued)

8. 8 Serious Violations of Common Article 3 Violence to life and person, in particular murder, mutilation, cruel treatment, and torture Committing outrages upon personal dignity, in particular humiliating and degrading treatment Taking of hostages The passing of sentences and carrying out of executions without previous judgment pronounced by a regularly constituted court

9. 9 Other Serious Violations of Internal Armed Conflict Very similar to serious violations of laws and customs in international armed conflicts Idi Amin Dictator of Uganda when government killed as many as 400,000 civilians, 1971-1979 Died 2003 while in exile in Saudi Arabia, evading prosecution for his conduct in Uganda

10. 10 Crimes Against Humanity Does not have to be part of armed conflict Actual or constructive knowledge that act is committed as part of a widespread or systematic attack on civilian population with knowledge of the attack Slobodan Milesovic Serbian then Yugoslavian president, 1989-2000, during wars in Croatia, Bosnia, and Kosovo Tried for genocide in Bosnia, other atrocities in Croatia and Kosovo International Criminal Tribunal for the Former Yugoslavia, Died in his jail cell, 2006.

11. 11 Murder Extermination Enslavement Deportation or forcible transfer of population Imprisonment or other unlawful severe deprivation of physical liberty Torture Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or other forms of severe sexual violence Crimes Against Humanity (continued)

12. 12 Persecution against any identifiable group or collectively on political, racial, national, ethnic, cultural, religious, gender, or other impermissible grounds Enforced disappearance of persons Apartheid Other inhumane acts of a similar character causing great suffering, or serious injury to body or to mental or physical health Crimes Against Humanity (continued)

13. 13 Specific intent crime Accused must intend to destroy, in whole or part, a listed group or… Accused must have clear knowledge he was participating in genocide Genocide Unearthing bodies in Iraq

14. 14 Any of the following acts committed with intent to destroy, in whole or part, a national, ethnical, racial, or religious group, as such: Killing members of the group Causing serious bodily or mental harm to members of the group Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part Genocide (continued)

15. 15 Imposing measures intended to prevent births within the group Forcibly transferring children of the group to another group Genocide (continued) Genocide site, Rwanda

16. 16 Aggression The Rome Statute of the International Criminal Court included aggression as an atrocity crime The Kampala Conference, 2010 passed an amendment defining aggression The International Criminal Court at The Hague

17. 17 Jean-Paul Akayesu Mayor of Taba township in Rwanda during 1994 genocide Convicted of genocide and crimes against humanity, first-ever conviction for genocide, life sentence International Criminal Tribunal for Rwanda, 1998 Pol Pot Led Khmer Rouge government in Cambodia that killed an estimated 2 million civilians, 1975-1979 Died 1998 of old age, evading prosecution for his role in genocide

18. 18 Other International Crimes Direct and public incitement of genocide Torture Piracy Slavery International drug trafficking International terrorism

19. 19 Defenses to Atrocity Crimes Military necessity – NO Mistake of fact – Maybe, possible mitigation Mistake of law – NO Duress – Maybe, possible mitigation Reprisal – NO Superior orders – Maybe, possible mitigation

20. 20 Command Responsibility Criminal responsibility for conduct of subordinates Knowledge –Ordered or knowingly permitted conduct –Knew or should have known of conduct Act or omission –Had capability to prevent –Failed to prevent

21. 21 Enforcement Domestic Enforcement State obligation –Holds individuals accountable under domestic law –State must be willing and able –What about use of non-judicial means? Jurisdiction ICTY courtroom, The Hague

22. 22 Enforcement (continued) International tribunals formed for a particular purpose –United Nations Security Council authority –Limited in scope, jurisdiction, time –International Criminal Tribunal for the Former Yugoslavia –International Criminal Tribunal for Rwanda

23. 23 The International Criminal Court –First permanent international criminal court –Atrocity crimes, Investigation –Complementarity, Admissibility –Penalties –Situations: Uganda, the Democratic Republic of the Congo, the Central African Republic, Sudan, and Kenya. The ICC Logo Enforcement (continued)

24. 24 Hybrid Tribunals International assistance to domestic courts –Training –Judges and other personnel –Oversight Apply domestic and international law –Sierra Leone –Kosovo –Cambodia Enforcement (continued)

25. 25 International Cooperation Treaty obligations –State to state –International organizations Investigations Extradition and other rendition Augusto Pinochet Dictator of Chile when government killed, tortured, and abducted civilians, 1979-1990 Accused of torture and other crimes by Spanish and Chilean judges Landmark United Kingdom extradition case, 1999-2000 Chilean court dismissed charges due to his poor health and mental competence, 2002; died, 2006

26. 26 Alternatives to Criminal Trials Truth and reconciliation Alternatives to punishment Reparation Amnesty A destroyed village in Sudan

27. 27 Summary and Conclusion International crime is limited but becoming increasingly well-defined The international community is expanding ways to hold individuals accountable for atrocity crimes