Universal Jurisdiction and the ICC. The Evolution of International Norms and Institutions  Nuremberg Trials: –Crimes against humanity : crimes committed.

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Presentation transcript:

Universal Jurisdiction and the ICC

The Evolution of International Norms and Institutions  Nuremberg Trials: –Crimes against humanity : crimes committed against civilian (murder, extermination, enslavement, deportation, etc.) –War crimes: violations of the laws or customs of war (murder or ill treatment of civilians, prisoners of war, hostages…wanton destruction of cities, towns or villages, or devastation not justified by military necessity)  Convention on the Prevention and Punishment of the Crime of Genocide (1948) –Genocide: acts committed with intent to destroy, in whole or in part, a national, ethical, racial or religious group  Geneva Conventions (1949) –Protect civilians, non-military staff, wounded, prisoners of war

Universal Jurisdiction and Domestic Courts  Countries adopt laws that allow prosecution in their courts citizens of other countries for universal crimes (Note: the principal is different from the New York District Court case of the Ogoni people against Shell)

Universal Jurisdiction: the Pinochet Case  Augusto Pinochet In power  1998: Spanish judge issues a warrant for his arrest in UK and deportation to Spain.  UK sends Pinochet to Chile  Chile opens a case against him

International Crimes Tribunal for Former Yugoslavia (ICTY)  Established in 1993 with Security Council decision  Prosecutes war crimes committed in Croatia, Bosnia and Herzgovina, Kosovo

International Criminal Tribunal for Rwanda  Established in 1994  Arusha, Tanzania  26 being prosecuted, 17 awaiting trial

The International Criminal Court To Be or Not to Be?