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INTERNATIONAL CRIMINAL LAW
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INTERNATIONAL CRIMES
INTERPOL
Extradition return of criminals wanted for trail.
In the absence of a treaty no obligation to extradite
The crime alleged must be a crime in both states double
criminality principle.
Request for extraditing to be done through diplomatic channels
accompanied by arrest warrant.
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EXTRADITION
European laws prohibits extradition of its own nationals.
Political offenders are not extraditable.
Europe judiciary determines the question on extradition.
1946 UN GA Res. 96(1) - genocide to be a crime.
1948 Convention on the Prevention and Punishment of theCrime of Genocide.
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ICC
Rome Statute, 1998
Entered into force in 2002
106 parties
Ceat of ICC is Hague
It established the first international criminal court
India, China, Indonesia, Iran, Japan, Pakistan, Russia and US are notmembers.
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ICC
18 judges elected for a tem of 9 years.
Appeal
Trail
Pre-trail
Office of prosecutor
Working language is English and French
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JURISDICTION
(a) The crime of genocide;
(b) Crimes against humanity;
(c) War crimes;
(d) The crime of aggression.
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GENOCIDE
A.6 - 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.
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GENOCIDE DEFINITION
Convention on the Prevention and Punishment of the Crime of Genocide1948 140parties
A.2 - In the present Convention, genocide means any of the following acts committedwith 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 itsphysical 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.
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CRIMES AGAINST HUMANITY
A.7 - For the purpose of this Statute, crime against humanity
means any of the
following acts when committed as part of a widespread orsystematic attack
directed against any civilian population, with knowledge of the
attack:
(a) Murder;
(b) Extermination;
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CRIMES AGAINST HUMANITY
Enslavement;
(d) Deportation or forcible transfer of population;
(e) Imprisonment or other severe deprivation of physical liberty in violationof
fundamental rules of international law;
(f) Torture;
(g) Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced
sterilization, or any other form of sexual violence of comparable gravity;
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CRIMES AGAINST HUMANITY
(h) 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,
Enforced disappearance of persons;
(j) The crime of apartheid;
(k) Other inhumane acts of a similar character intentionally causinggreat
suffering, or serious injury to body or to mental or physical health.
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WAR CRIMES
Grave breaches of the Geneva Conventions of 12 August 1949, namely,
any of the following acts against persons or property protected under the
provisions of the relevant Geneva Convention:
(i) Wilful killing;
(ii) Torture or inhuman treatment, including biological experiments;
(iii) Wilfully causing great suffering, or serious injury to body or health;
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WAR CRIMES
Extensive destruction and appropriation of property, not justified
by military necessity and carried out unlawfully and wantonly;
(v) Compelling a prisoner of war or other protected person to serve
in the forces of a hostile Power;
Willfully depriving a prisoner of war or other protected person of
the rights of fair and regular trial;
(vii) Unlawful deportation or transfer or unlawful confinement;
(viii) Taking of hostages.
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PRINCIPLE OF
COMPLEMENTARITY
The Preamble of the Rome Statute recognizes that the Court itself
is but a last resort for bringing justice to the victims of genocide,
war crimes, and crimes against humanity.
It therefore calls upon all States to take measures at the national
level and enhance international co-operation to put an end to
impunity, and reminds States of their duty to exercise criminal
jurisdiction over those responsible for such crimes.
Thus, the Rome Statute assigns the Court a role that is
complementary to national systems.
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ICC
No jurisdiction over general criminal jurisdiction
Terrorism or drug trafficking Jurisdiction - It can exercise jurisdiction only with respect to
genocide, crimes against humanity, and war crimes.
Jurisdiction of ICC can be invoked by A.13 a party referring an
alleged crime to the Prosecution UN SC acting under chapter VII
The prosecutor initiating an investigation into the alleged crime.
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ICC
ICC can exercise jurisdiction only if:
1. the state on whose territory the conduct occurred
2. the state of nationality of the accused person is a party to the
statute.
ICC does not have jurisdiction:
If the case is being investigated or prosecuted by the state that
has jurisdiction over the crime unless the state is unwilling or
unable genuinely to carryout the investigation and prosecution.
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ICC
The state has been jurisdiction conducted the investigation and decided notto prosecute;
The accused has already been properly tried;
The case has not of sufficient gravity to justify the action.
Unwillingness to prosecute shows - shielding of accused
The crime must have been committed after entry into force of the statute
A.11.
No person can be tried by ICC and the national court for the same offence A.20)
The accused must have been 18 at the time of alleged crime.
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JURISDICTION
There must be an arrest warrant from the Pre-Trail chamber of the
Court.
A party cannot refuse to surrender its own nationals where there isa prohibition in national law.
A.25 individual responsibility.
Politicians and government officers are within the jurisdiction of the
ICC, A.27.
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SOVEREIGNTY PROBLEMS
The main allegation against ICC is that it replaces the national
courts.
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LAW
ICC statute, elements of crimes and Rules ofProcedure and Evidence
Treaties and principles of international law.
Law of armed conflict
General principles of law derived form nationallaws.
Accordance with human right laws
Mix of civil and common law systems
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INVESTIGATION
According to the order of the Pre-trail Court
State has to co-operate in investigations.
If the prosecutor wants to arrest a person he has
to apply to the Pre-trail Court.
The party whose territory the accused is, it is the
obligation to surrender the accused to the ICC-A.89.
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APPEAL
Appeal against the conviction to Appeal Court
A.81-85.
The ICC can sentence an accused up to 30 years
of imprisonment.
ICC dont have a prison, so the person has to
serve the term in the territory of a member, need
not be the party.
If no state is willing to accept the prisoner, he will
be sent to Dutch prison.
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INTERNATIONAL TRIBUNALS
First Nuremberg Tribunal
Second - Tokyo Tribunal
Nuremberg Tribunal fix individual responsibility for
international crimes.
Head of the state and officials can be liable for crimes even
though they are not carried out the crime.
These principles are now part of customary international law
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ICTY
International Criminal Tribunal for the Former Yugoslavia
UN under Article VII SC Res. 808(1993) established the tribunal.
Located in Hague
Jurisdiction over individuals accused of committing in formerYugoslavia.
Gross violation of Geneva Conventions
Genocide
Crimes against humanity
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JURISDICTION
A.7 of statute who planned, instigated, ordered, or otherwise
aided and abetted in the planning, preparation or execution of a
crime, is individually responsible for it.
Superiors order does not relieve the accused of responsibility.
It supposed to complete its trails by 2010
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ICTR
International criminal tribunal for Rwanda, 1994
SC Res. 955(1994)
Located in Arusha, Tanzania
Jurisdiction over genocide, crimes against humanity and serious
violations of Geneva Conventions.
20 persons have been convicted so far.
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SIERRA LEONE SPECIAL
COURT
Established by treaty between Sierra Leone and the UN in 2002.
Located in Freetown, Sierra Leone.
Jurisdiction over serious violations of international humanitarian
law
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TERRORISM
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TERRORISM
1937 League of Nations concluded a Convention on the
Prevention and Punishment of Terrorism.
World war comes and never entered into force.
State terrorism: terrorist acts committed by states against another
E.g. holding hostage of US diplomats in Iran.
Cruelty committed by state against its own people by Hitler, Stalin,etc.
there is no international definition of terrorism.
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TERRORISM
Any elements of the use or threat of force and seeking to create a
climate of fear seem to be the agreed definition.
One persons terrorist is anothers freedom fighter.
Resistance to occupation is not prohibited by international law.
Organised resistance is recognized by Geneva conventions.
UN declaration on terrorism (UNGA Res. 49/60.
It condemned terrorism as criminal and unjustifiable, wherever
and by whomever committed.
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UN INITIATIONS
criminal acts intended or calculated to provoke a state of terror in
the general public.
States must refrain from all terrorist activities.
It declared that terrorist activity cannot be justified whatever the
motive is.
UNSC Res. 1566(2004)
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TERRORISM
1999 International Convention for the Suppression of the
Financing of Terrorism.
A.2 defines terrorism: any other act intended to cause death or
serious bodily injury to a civilian, or to any other person not taking
an active part in the hostilities in a situation of an armed conflict,
when the purpose of such act, by its nature or context, is to
intimidate a population, or to compel a government or aninternational organization to do or to abstain from doing any act.
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TERRORISM
This convention does not apply to internal offences.
9/11 changed the definition of terrorism.
Resolution 1373, adopted unanimously on September 28, 2001
First International Legislation by the Security Council
such acts [referring to the 9/11 terrorist attacks], like any act ofinternational terrorism, constitute a threat to international peace
and security.
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UNIVERSAL CONVENTIONS
1. Convention for the Suppression of Unlawful seizure of Aircraft
1970. (Hijacking Convention).
2. Convention for the suppression of unlawful acts against safety
of civil aviation 1971 (Montreal Convention).
3. Convention on the Prevention and Punishment of crimes
against Internationally Protected Persons, including Diplomatic
Agents 1973.
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INT.N. CONVENTIONS
4. Convention on the Physical Protection of Nuclear Material 1979.
5. International Convention against the taking of Hostages 1979(Hostages Convention).
6. Montreal Protocol on violence against airports.
7. Rome Convention on Maritime Navigation 1988.
8. Bombing Convention 1997
Financing Convention 1999
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ACTIVITIES
Weapons of Mass Destruction and Their Delivery Systems
(Prohibition of Unlawful Activities) Act 2005
Export Control on Goods, Technologies, Material and Equipment
related to Nuclear and Biological Weapons and their Delivery
Systems Act, 2004,
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TERRORISM
Terrorist acts may occur during armed conflicts or in time of peace.
As international humanitarian law applies only in situations of
armed conflict, it does not regulate terrorist acts committed in
peacetime.
In addition to an express prohibition of all acts aimed at spreading
terror among the civilian population (Art. 51, para. 2, Protocol I;
and Art. 13, para. 2, Protocol II).
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TERRORISM
attacks on civilians and civilian objects (Arts. 51, para. 2, and 52, ProtocolI; and Art. 13, Protocol II);
indiscriminate attacks (Art. 51, para. 4, Protocol I);
attacks on places of worship (Art. 53, Protocol I; and Art. 16, Protocol II);
attacks on works and installations containing dangerous forces (Art. 56,Protocol I; and Art. 15, Protocol II);
the taking of hostages (Art. 75, Protocol I; Art. 3 common to the fourConventions; and Art. 4, para. 2b, Protocol II);
murder of persons not or no longer taking part in hostilities (Art. 75,Protocol I; Art. 3 common to the four Conventions; and Art. 4, para. 2a,Protocol II).
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WAR ON TERROR
1937 League of Nations Convention on the Prevention and
Punishment of Terrorism.
Never entered into force due to World War.
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JURISDICTION
(a) War Crimes there must be an international or non-
international conflict
(b) Crimes against Humanity/Genocide involve questions of scale
and
magnitude, systemisation, and organisation which might not
catch manifestation of modern international terrorism
(c) These crimes have not been designed to catch global
terrorism in the form in which it may more routinely manifest
itself.
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INTERNATIONAL CRIME
The behaviour must be universally recognised as/agreed to be
criminal;
- The behaviour must be recognised as/agreed to be a
(a) grave/serious matter/crime
(b) be a crime of international concern;
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INTERNATIONAL CRIME
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NUCLEAR TERRORISM
CONVENTION, 2005
Nuclear Terrorism..\ICC\financing concention - 1999.pdfConvention:International Convention for the Suppression of Acts of NuclearTerrorism, 2005.
The Nuclear Terrorism Convention calls for states to developappropriate legal frameworks criminalizing nuclear terrorism-relatedoffenses, investigate alleged offenses, and, as appropriate, arrest,prosecute, or extradite offenders.
It also calls for international cooperation with nuclear terrorism
investigations and prosecutions, through information-sharing,extradition and the transfer of detainees to assist with foreigninvestigations and prosecutions.
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NUCLEAR TERRORISM
CONVENTION, 2005
While its initial Russian draft was proposed in 1997, the Nuclear
Terrorism Convention is the first anti-terrorism convention
adopted since the attacks of Sept. 11, 2001.
The treaty opens for signature Sept. 14, 2005 and enters into
force thirty days after it is signed and ratified by at least 22
states.
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THANK YOU
KDR/IIT KGP/RGSOIPL/-2008
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