Share
Explore BrainMass

International Criminal Law

International criminal law is a part of international law, which deals with the criminal responsibility of individuals for international crimes.¹ There is no clear definition of what constitutes an international crime. A distinction can be made between international crimes which are based on international customary law.¹ The core of international crimes include: genocide, war crimes, crimes against humanity, and aggression.¹ The most important areas of international criminal law are human rights law and international humanitarian law, as well as the law of state responsibility.¹

A history of international criminal law

It was mainly after World War I that a truly international crime tribunal was created to try perpetrators of crimes committed. The Treaty of Versalles stated that an international tribunal was to be set up to try Wilhelm II of Germany, although the Kaiser was granted asylum in the Netherlands. After World War II, an international tribunal to try not only war crimes, but crimes against humanity committed under the Nazi regime. Both the wars in Bosnia and Rwanda saw the creation of International Criminal Tribunal for the Former Yugoslavia and International Criminal Tribunal for Rwanda, in 1993 and 1994 respectively. The ICC was established in 1998 and the first arrest warrant was issued by the ICC in 2005.

International criminal court

The International Criminal Court (ICC) is governed by the Rome Statute.² It is "the first permanent, treaty-based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community."² The ICC is independent of the United Nations system. It reached consensus on definitions of genocide, crimes against humanity, and war crimes in the 20th century. One hundred twenty sates adopted the Rome Statute on July 17, 1998, the legal basis for establishing the permanent ICC.²

The structure of the ICC consists of a presidency (currently Judge Sang-Hyun Song of the Republic of Korea), judicial divisions (which consists of 18 judges), office of the prosecutor (currently Mrs. Fatou Bensouda (of Gambia), registry (responsible for non-judicial aspects of the administration and servicing), and other offices (like the Office of Public Counsel for Victims and the Office of Public Counsel for Defence).²

 

 

References:

1. Peace Palace Library. International Criminal Law. Retrieved May 6, 2014, from http://www.peacepalacelibrary.nl/research-guides/international-criminal-law/international-criminal-law/

2. International Criminal Court. About the Court. Retrieved May 6, 2014, from http://www.icc-cpi.int/en_menus/icc/about%20the%20court/Pages/about%20the%20court.aspx

Comparative Justice Systems

After reading the assignment for this week, select two countries and in no less than 500 words, total give an overview of each country's government. Include the background, current governmental structure and any relevant information necessary to present a good understanding of each. Make sure and Cite the book we provide and no

Comparing Justice for US Citizens Abroad - Amanda Knox and Michael Kay

The cases of Amanda Knox and Michael Kay offer good opportunities to compare criminal justice systems. Both were young US citizens accused of crimes in other countries. - Analyze and describe both cases and their alleged crimes. - Analyze and explain the method used in each case - adversarial or inquisitorial. - Explain t

Criminal Investigation of Amanda Knox and Michael Kay

The cases of Amanda Knox and Michael Kay offer good opportunities to compare criminal justice systems. Both were young U.S. citizens accused of crimes in other countries. These cases illustrated the differences between the U.S. criminal justice system and those of other nations. Consider such factors as pretrial release, burd