INTERNATIONAL CRIMINAL

LAW AND INTERNATIONAL

CRIMINAL COURT

INTERNATIONAL CRIMINAL LAW:

MEANING, NATURE AND SCOPE
SUBMITTED TO:- SUBMITTED BY:-
MR. RUSHIL PURVA MITTAL

UILS B.COM.LL.B.(HONS.)

PANJAB UNIVERSITY SECTON-F

CHANDIGARH 310/20, 6TH SEMESTER

UILS

PANJAB UNIVERSITY

CHANDIAGRH
 ACKNOWLEDGEMENT
The success and final outcome of this project required a lot of guidance and assistance from
many people and I am extremely grateful to have this all along the completion of my project
report. Whatever I have done is only due to such guidance and I would never forget to thank
them.

I am thankful to Mr. Rushil, University Institute of Legal Studies, Panjab University,

Chandigarh, for his guidance and constant supervision as well as providing necessary
information regarding the project.

I would like to express my gratitude towards my parents for their kind cooperation and
encouragement which help me in completion of this project.

- Purva Mittal
6th Semester
B.Com.LL.B.(hons.)
 TABLE OF CONTENTS
S.NO. TOPIC PAGE
NO.
1. Introduction 1
2. International Criminal Law 1-2
3. History of International Criminal Law 2-3
4. Purpose of International Criminal Law 3-4
5. Major Goals of International Criminal Law 4-5
6. Sources of International Criminal Law 5-6
Treaty Law 6-7
Customary International Law 7-8
General Principles of Law 8
Judicial Decisions and Learned writings 9
7. Categorizations of International Law 9-10
Crime of Aggression 10
War Crimes 10-11
Crimes Against Humanity 11
Genocide 12
8. Key Features of Legal Process of the International Criminal 13
System
9. Conclusion 14
10. Bibliography 15
 INTRODUCTION
International criminal law is a body of law that prohibits specific types of conduct that are
considered serious crimes. It establishes procedures for investigating, prosecuting, and punishing
crimes, as well as holding perpetrators personally accountable. A system of international
criminal law has recently emerged, imposing direct duties on individuals and punishing
transgressions through international agencies. The ad hoc Tribunals for the Former Yugoslavia
and Rwanda, which were founded in the 1990s, could be considered the beginning of a global
criminal justice system. For this branch of law to be respected, major crimes of international
standards must be punished, especially given the seriousness of specific acts classified as war
crimes, which must be investigated and tried by the international community as a whole.

In general, public international law governs the actions of states and how states interact with
each other and individual citizens. Public international law involves rules and principles that deal
with the conduct, rights and obligations of states and international organisations, as well as
dealing with relations among states.

INTERNATIONAL CRIMINAL LAW

International criminal law is a subset of public international law, and is the main subject of these
materials. While international law typically concerns inter-state relations, international criminal
law concerns individuals. In particular, international criminal law places responsibility on
individual persons—not states or organisations—and proscribes and punishes acts that are
defined as crimes by international law.

International criminal law is a relatively new body of law, and aspects of it are neither uniform
nor universal. For example, some aspects of the law of the ICTY are unique to that jurisdiction,
do not reflect customary international law and also differ from the law of the ICC. Although
there are various interpretations of the categories of international crimes,1 these materials deal
with crimes falling within the jurisdiction of international and hybrid courts, including the ICTY,
ICTR, SCSL, ECCC, and the ICC. These crimes comprise genocide, crimes against humanity,
war crimes and the crime of aggression. They do not include piracy, terrorism, slavery, drug
trafficking, or other international crimes (whether or not also criminalised in the national laws of
BiH, Croatia, and Serbia) that do not amount to genocide, crimes against humanity, or war
crimes.

PAGE 1
 International criminal law also includes laws, procedures and principles relating to modes of
liability, defences, evidence, court procedure, sentencing, victim participation, witness
protection, mutual legal assistance and cooperation issues. Each of these topics will be addressed
in these materials.

Most international laws are involved with interstate trade, whereas international criminal law is
concerned with individuals. Individuals, not governments or organisations, are held accountable
under international criminal law, which prohibits and punishes unlawful behaviour. The rules,
techniques, and principles of international criminal law involve liability, defences, evidence,
court process, penalty, victim participation, witness protection, mutual legal assistance, and
collaboration.

“International criminal law” basically refers to three main areas of the law.

1. Extradition and other types of mutual legal assistance between various legal systems;
2. A collection of countries or the international community as a whole that prohibits and
punishes certain behaviours; and
3. The operation of autonomous international legal systems, including courts and other
enforcement mechanisms, in addition to national criminal law.

HISTORY OF INTERNATIONAL
CRIMINAL LAW
While the roots of international criminal law can be traced back many centuries, the modern
system of international criminal law began in the early 20th century. At the end of the First
World War in 1919, representatives from the Allied Powers (which included the United States,
the British Empire, France, Italy, and Japan) signed a peace treaty with Germany known as the
Treaty of Versailles. In addition to outlining the conditions of Germany’s surrender, the treaty
stated that the former leader of Germany, Wilhelm II, should be tried before an international
tribunal for his “supreme offence against international morality and the sanctity of treaties.”
Wilhelm II, however, escaped from Germany and was never prosecuted.

It was the conclusion of the Second World War, then, that is most often recognized as the
starting point of modern international criminal law. During the war, the Nazi regime in Germany
engaged in the horrific and systematic killing of Europe’s Jewish population. By the war’s
conclusion, the German forces had killed more than 6 million Jewish people. At the end of the
war, Great Britain, the Soviet Union, France, and the United States captured 24 of the Nazi’s
highest-ranking officials.

PAGE 2
Because the Nazis’ crimes were so widespread and horrific, the Allied Countries created the
Charter of the International Military Tribunal (“IMT”). The Charter charged the 24 Nazis with
three new international crimes: crimes against peace, crimes against humanity, and war crimes.
These crimes were designed to prevent countries from starting aggressive wars against other
countries. They were also designed to prevent future individuals from committing terrible crimes
during wars, like the Nazis had done. The IMT also set up a system for the prosecution of Nazis.
In 1945, the trial took place in Nuremberg, Germany. In this trial of incredible importance, many
of the Nazi leaders were found guilty of international crimes. In 1946, Japanese leaders were also
prosecuted in Tokyo, Japan for international crimes committed during the war.

This brief history of international criminal law shows that its origins are largely based on the
First World War and the Second World War. Both of these wars were largely fought by Western
countries, including Great Britain, France, Germany, and the United States. As a result, some
scholars have criticized international criminal law by arguing that it is a reflection of Western
values, instead of being a reflection of truly international values. For example, scholar Frédéric
Mégret believes that “international criminal justice is a manifestation of Western imperialism.”
Other scholars, however, reject this view. Farhad Malekian argues that “international criminal
law does not ignore Islamic law.” His view is that international criminal law incorporates more
than just Western conceptions of law.

Even though international criminal law has distinctly Western roots, it has since been applied in
various parts of the world. Since the end of the Second World War, international criminal law
has changed rapidly. Countries have entered into treaties that further define international crimes.
International organizations have created tribunals to prosecute international crimes after conflicts
in the countries of Yugoslavia and Rwanda. Early in the 21st century, a new permanent court
called the International Criminal Court began hearing international criminal law cases. And in
the last 10 years, Iraq formed a special court to prosecute Saddam Hussein and other former
leaders of the Ba’ath party for international crimes.

PURPOSE OF INTERNATIONAL
CRIMINAL LAW
Though there is no “correct” answer to this question, there are several possible answers. First,
international criminal law is designed to address the world’s most serious atrocities. Countries
punish terrible crimes such as murder and rape in their own domestic courts. But in certain cases,
these crimes are committed on such a large scale and in a particularly horrific manner. For
example, the crimes that the Nazis committed during the Second World War were different than
a domestic murder case. The Nazis committed millions of murders, they targeted civilians during
a time of war, and they attempted to destroy an entire racial and religious group. International
criminal law recognizes that this type of crime is different than the crime of one person killing
another person. International criminal law, then, is designed to punish the individuals who
commit these crimes. Because these crimes are of such a high magnitude and because they are
universally condemned, international criminal law seeks to punish them whenever and wherever
they occur, regardless of any domestic laws. PAGE 3
 A second and related reason that international criminal law exists is that countries have an
interest in national security. International crimes often have a massive impact on individuals, the
countries where they are committed, and even other countries around the world. Countries use
international criminal law to punish those who commit these crimes with the goal of preventing
future individuals from committing similar crimes.

A final reason that international criminal law exists is that domestic criminal law systems may
not be equipped to handle such large and complex crimes. A single country may not have the
proper criminal provisions in their penal codes to address the alleged crimes. Or a domestic court
system may not have the capacity to handle complex evidence, or to hear thousands of victims’
claims. Also, domestic courts may struggle to adjudicate cases in the aftermath of bitter conflicts.
Consider that in a civil war, for example, the two opposing sides will often be accused of
committing terrible crimes against one another. It may be difficult for a domestic court based in
that country to adjudicate a case without being accused of showing bias to one of the opposing
sides.

MAJOR GOALS OF INTERNATIONAL

CRMINAL LAW
In addition to thinking about why an international criminal law system exists, we also want to
critically think about the major goals of international criminal law. International criminal law can
promote many different goals in a society.

First, international criminal law can serve the purpose of restoring the rule of law. Though there
is no single definition, the rule of law means that laws should be respected in a society, and that
they should apply equally to all people. International crimes are generally committed during
times of conflict. Sometimes these conflicts are between different countries. Other times, these
conflicts take place within a single country. In either scenario, these conflicts undermine a
society's rule of law. For example, government leaders may disregard the law during times of
conflict. The prosecution of international crimes can help a society restore the rule of law. A new
government may prosecute the crimes of a prior leader to show that the new government is
committed to following the law. This prosecution can also restore the principle that all people—
including the country’s leaders—must follow the law.

Second, a major goal of international criminal law is accountability. Accountability is the

principle that people are responsible for the actions they take. In the context of international
criminal law, the prosecution of international crimes can punish those who were responsible for
committing terrible crimes. Prosecution of these crimes, therefore, can hold former leaders
accountable for their crimes. Punishment also sends a signal that such crimes will not be
tolerated in that society.

PAGE 4
 Third, international criminal law can help restore relationships between different groups in
society. During conflicts, societies are often fractured into different groups. Many times these
groups are split along ethnic, religious, or racial lines. After these conflicts have passed,
international criminal law can help these different groups reconcile with one another. As we will
see, some aspects of international criminal law can bring different groups together to address
past violence or divisions between the groups.

Fourth, international criminal law can be used to bring justice to victims of the terrible crimes
that occurred. A trial for international crimes shows that a society recognizes that many people
were harmed by the alleged crimes. Just as an international criminal trial can restore stability in a
society, it can help restore dignity in the individuals who survived the mass atrocities.

Therefore, international criminal law can help promote many goals: the restoration of the rule of
law, accountability, reconciliation, and justice for victims. As we will see, it is difficult for
societies to achieve all of these goals at the same time. In fact, these goals often conflict with one
another.

SOURCES OF INTERNATIONAL
CRIMINAL LAW
As international criminal law is a subset of public international law, the sources of ICL are
largely the same as those of public international law. The five sources of ICL used by
international and hybrid criminal courts generally are:

1) treaty law;

2) customary international law (custom, customary law);

3) general principles of law;

4) judicial decisions (subsidiary source);

5) learned writings (subsidiary source).

The sources of law can sometimes overlap and have a dynamic relationship. For example, a
treaty can reflect, become or influence the development of customary international law and vice
versa. A judgement of an international court may influence the development of treaty and
customary international law. Generally, international and hybrid courts use treaties and custom
as the main sources of international criminal law, in addition to their own governing instruments
(which may include treaties).

PAGE 5
The five sources of ICL roughly correlate with the classic expression of the sources of
international law contained in Article 38(1) of the Statute of the International Court of Justice
(ICJ):

a) international conventions, whether general or particular, establishing rules expressly

recognized by the contesting States;

b) international custom, as evidence of a general practice accepted as law;

c) the general principles of law recognized by civilized nations;

d) […] judicial decisions and the teachings of the most highly qualified publicists of the various
nations, as subsidiary means for the determination of rules of law.

The relevance and importance of these sources in national criminal jurisdictions differ between
countries. For example, in some jurisdictions, the direct source of international criminal law is
national legislation incorporating ICL. In this instance, treaty and customary international law
cannot be used as a direct source. Conversely, some courts can apply treaty law but not
customary international law, while in others, custom can be applied as well. Moreover, even if
national legislation is the direct source of the applicable law, international criminal law treaties,
commentaries on them and international judicial decisions are often used as aids to interpret the
national law and are sometimes considered persuasive (not binding) precedent. Different courts
may apply these sources in different ways.

TREATY LAW:-
Treaties are agreements (usually in written form) creating rights and obligations, usually between
states. Some treaties also create duties and provide for the protection of individuals.

ICL has many treaty sources. These range from obvious examples such as the Genocide
Convention and the grave breaches provisions of the four 1949 Geneva Conventions to relevant
human rights treaties and treaties that are not as widely ratified as the Geneva Conventions,
including the:

 Rome Statute of the International Criminal Court;

 1977 Additional Protocol II to the Geneva Conventions (AP II);

 Convention for the Protection of Human Rights and Fundamental Freedoms (European

 Convention on Human Rights); Pact on Security, Stability and Development in the Great
Lakes Region (2006) and its Protocol on the Prevention and the Punishment of the Crime of
Genocide, War Crimes and Crimes against Humanity and all forms of Discrimination (Great
Lakes Pact and Protocol); and

PAGE 6
  Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment.

Depending on the jurisdiction, in-force treaties that have been ratified (or acceded to) by the
relevant state can be a direct source of applicable law. In jurisdictions where treaties cannot be a
direct source of law, they often can serve as aids to interpretation of other applicable law.

In some jurisdictions, treaty law is the main source of ICL. For example, the Rome Statute of the
ICC is a treaty and a primary source of law for that court. However, at the ICTY and ICTR,
treaty law is less important than custom as a direct source (although some of the crimes in their
Statutes are copied verbatim from treaties, for example, the Genocide Convention).

The Statute of the ICTR inherently adopts the position that treaties can be used as a source for
international criminal law, since it criminalised violations of the Additional Protocol II to the
Geneva Conventions, the whole of which was not considered to reflect customary international
law at the time.

The ICTY has laid down clear rules for when treaties can be a direct source of international
criminal law (at least at that court), holding that treaties can be applied that:

 were unquestionably binding on the parties to the conflict at the time of the alleged
offence; and
 were not in conflict with or derogating from peremptory norms of international law.

However, the ICTY Appeals Chamber was careful to note that although treaties can be applied as
a direct source of ICL, “in practice the International Tribunal always ascertains that the relevant
provision is also declaratory of custom”. This ruling is specific to the ICTY, and will not
necessarily apply in other international criminal courts (e.g., it does not apply at the ICC) or in
national jurisdictions.

CUSTOMARY INTERNATIONAL LAW:-

Custom is generally understood as consisting of:

 state practice and

 opinio juris.

The state practice must be consistent, uniform and general among the relevant states, although it
does not have to be universal. Opinio juris can be defined as a general belief or acceptance
among states that a certain practice is required by law. This sense of legal obligation, coupled
with state practice, differentiates custom from acts of courtesy, fairness or mere usage.

PAGE 7
Treaties only bind states that are parties to them, whereas general customary law binds all states
and “local” custom binds as few as two states only. Much of the content of substantive ICL
exists in customary law, whether or not the same rules simultaneously exist in treaty law.
However, it is generally more difficult to determine the content of custom than that of treaty law.

In general, and depending on the circumstances, evidence of state practice and opinio juris may
include:

 diplomatic correspondence;
 official policy statements and press releases by governments;
 executive decisions and practices;
 opinions of government legal advisers;
 military manuals;
 comments on draft statements on international law by the International Law Commission;
 authoritative commentaries on treaties;
 national legislation;
 national and international judicial decisions;
 contents of treaties; and
 the practice of international organisations and their organs, including, for example, UN
General Assembly and Security Council resolutions relating to legal questions.

GENERAL PRINCIPLES OF LAW:-

Where no rule in custom or treaty law could be found, the ICTY has on occasion—and usually
with some circumspection—considered general principles of law in search of an applicable ICL
rule. These principles are formulated through the process of examining the national laws and
practices of principal legal systems of the world in order to determine whether the court could
deduce a common approach. If a common approach exists, the court could derive a general
principle of law that could be applied in the ICL context.

Not every nation’s practices need to be reviewed—only enough to show that most nations
within the various systems of law (e.g., common law and civil law) recognise a principle of law.
Where a principle “is found to have been accepted generally as a fundamental rule of justice by
most nations in their municipal law, its declaration as a rule of international law would seem to
be fully justified”. Where national approaches are too divergent, such a finding is precluded.

For example, in a joint separate opinion to the appeals judgement of the ICTY’s Erdemovid
case, two judges surveyed the statutory laws and jurisprudence of twenty-seven nations before
determining there was no “consistent concrete rule which answers the question of whether or not
duress is a defence to the killing of innocent persons”.

PAGE 8
JUDICIAL DECISIONS AND LEARNED WRITINGS:-
The ICTY and ICTR refer to and generally follow their earlier jurisprudence, although they are
not always bound to do so. Trial chambers are not obligated to follow the decisions of other trial
chambers, but they must follow the decisions of the appeals chamber. The appeals chamber may
depart from its own prior decisions, but only in exceptional situations when it is in the interests
of justice to do so.

The ICTY and ICTR have also referred to judicial decisions of national courts and other
international courts, including the ICJ, the International Military Tribunal at Nuremberg
(Nuremberg tribunal), other post-World War II courts, the European Court of Human Rights
(ECtHR). They have usually done so when looking for evidence of custom. They have similarly
considered the publications of international authorities, including scholarly writings and reports
of relevant bodies such as the International Law Commission and International Committee of the
Red Cross (ICRC).

Other international, hybrid and national courts often adopt the same approach. They do not apply
ICTY or ICTR decisions as law. But they often consider, for example, ICTY and ICTR findings
on customary law or general principles of law, what meaning the ICTY and ICTR gave to a
particular treaty provision, or the relevance and persuasiveness of ICTY and ICTR reasoning
when interpreting their own law.

CATEGORISATION OF
INTERNATIONAL CRIMES

International criminal justice develops a system of responsibility for the most heinous crimes
committed across the world, such as genocide, war crimes, and crimes against humanity.
International criminal courts and tribunals adopt legislative measures to establish subject-matter
jurisdiction over major international offences. Efforts to combat such crimes have been
internationalised as a consequence of necessity, reflecting the need to put a stop to crimes that
frequently evade national authorities. Human trafficking, involvement in slave trade, and terrorist
offences like piracy and plane hijacking are all covered by international treaties and customary
legal principles.

Following World War II, the first modern international criminal tribunal convened at
Nuremberg, Germany, to trial Nazi Germany’s military and civilian leaders (A similar tribunal
was established in Tokyo to punish accused Japanese war criminals). The Nuremberg
trials (1945–46) prosecuted three types of crimes such as crimes against peace, war crimes, and
crimes against humanity.

PAGE 9
The offences were precisely specified and applied only to crimes done during the international
war. More than half a century later, genocide was recognized among the three forms of crime in
the Rome Statute of the International Criminal Court (ICC; 1998). The requirements for crimes
tried in Nuremberg developed dramatically during the second half of the twentieth century, and
they now cover offences committed during peacetime or civil wars. The most terrible crimes in
international law are genocide, war crimes, and crimes against humanity.

CRIME OF AGGRESSION:-
The crime of aggression is an international crime that punishes military or political leaders who
aggressively start wars in violations of international law.

The modern crime of aggression has its roots in the aftermath of the Second World War. After
the Second World War, the Allies prosecuted the Nazi leaders for “crimes against peace.” The
International Military Tribunal defined crimes against peace as the “planning, preparation,
initiation or waging a war of aggression, or a war in violation of international treaties,
agreements or assurances, or participation in a common plan or conspiracy.” In other words, the
crime against peace was designed to punish those who deliberately start wars that violate
international law.

Since the Second World War, the crime against peace began to be known as the crime of
aggression. In 2010, a group of United Nations member countries came together and agreed on
the definition for the crime of aggression.

WAR CRIMES:-
War crimes, like the crime of aggression, were also formally developed at the end of the Second
World War. Most notably, a series of treaties known as the Geneva Conventions provide the
basis for understanding war crimes. In particular, the Fourth Geneva Convention, which was
passed in 1949, states that “grave breaches” during wartime should be punished. Article 147
provides a few examples of these “grave breaches,” including “willful killing, torture or inhuman
treatment, including biological experiments.” The “grave breaches” provision in the Fourth
Geneva Convention is what we now refer to as war crimes. In defining war crimes, it may be
helpful to focus on two main components. War crimes are individual actions that 1) seriously
violate international law, and 2) that are committed during times of war. International law sets
the rule for what is acceptable behavior during wartime. War crimes are serious violations of
those rules.

PAGE 10
While many different actions may violate international law and be considered war crimes, there
are a few general categories of war crimes. First, “war crimes may arise from the use of
prohibited means or methods of warfare.” For example, if soldiers use chemical weapons, then
they have committed war crimes. Second, war crimes occur when soldiers target actions “against
persons not involved in active hostilities.” The soldier who targets civilians has committed a war
crime. A third category of war crimes occurs when individuals engage in particularly cruel or
inhumane behavior.

CRIMES AGAINST HUMANITY:-

Crimes against humanity are international crimes involving the widespread and systematic
attacks against civilian populations.

The Rome Statute provides a list of acts that are considered crimes against humanity when they
are committed against civilian populations. This list includes, among other crimes, murder,
enslavement, torture, and rape. Crimes against humanity also include the “persecution against
any identifiable group or collectivity” based on their “political, racial, national, ethnic, cultural,
religious, [or] gender” affiliations.”

The Nazis’ horrific treatment of Europe’s Jewish population during the Second World War fits
this modern definition of crimes against humanity. The Nazis murdered Jewish people because
of their religion, enslaved them by making them work in concentration camps, and deported
them by forcing them to leave their homes.

Let us first understand how crimes against humanity are different than war crimes. While both
crimes punish certain actions during times of conflict, there are differences between the two
crimes. The most important difference is that crimes against humanity must be part of a
government policy, or a widespread practice that is accepted by a government. There must be a
clear pattern of the illegal behavior for there to be crimes against humanity. Crimes against
humanity usually involve multiple acts and multiple victims. A war crime, by contrast, can be a
single act against a single person.

An example may help to illuminate this difference. If a single soldier purposefully kills a
civilian on one occasion, then a war crime has occurred. However, if a government directs all of
its soldiers to follow an official policy of executing civilians, then that government has
committed a crime against humanity.

While allegations of crimes against humanity are not as frequent as allegations of war crimes,
there still have been a number of prosecutions for crimes against humanity.

PAGE 11
GENOCIDE:-
“Genocide is a crime under international law, contrary to the spirit and aims of the United
Nations and condemned by the civilized world. Recognizing that at all periods of history
genocide has inflicted great losses on humanity….”

These words come from the Convention on the Prevention and Punishment of the Crime of
Genocide (“CPPCG”), a treaty that was passed by the United Nations in 1948.

The basic definition of genocide is deliberately killing or harming a group of people who share
the same nationality, religion, race, or ethnicity with an intent to destroy or seriously diminish
the group.

The word genocide was first used in 1943 by Raphael Lemkin, a Polish-Jewish lawyer. The term
genocide is based on the Greek word genos (meaning tribe or race) and the Latin word cide
(meaning killing). Mr. Lemkin created the term in 1943 in the midst of the Nazis’ systematic
killing of Europe’s Jewish population. He believed that the term also accurately described the
Ottoman’s extermination of its Armenian population–an event that the majority of historians
recognize as the Armenian Genocide of 1915.

Genocide, in other words, punishes those who intentionally attempt to kill or seriously harm a
specific group of people. As the 1948 definition makes clear, however, only certain groups
receive protection under the Convention. That is, only national, ethnic, racial, and religious
groups can be victims of genocide.

It was the Nazis’ actions during the Second World War that led to the formation of the CCPCG
in 1948. The CCPCG is a treaty designed to punish those who are responsible for the crime of
genocide. All countries that sign the treaty commit themselves to prevent and punish actions of
genocide both during times of war as well as during times of peace. The CCPCG explicitly
outlines the crimes for which individuals can be punished. In addition to punishing individuals
who commit genocide, the Convention also punishes the following crimes: “conspiracy to
commit genocide; direct and public incitement to commit genocide; attempt to commit genocide;
[and] complicity in genocide.” This means that individuals who plan to commit genocide, or
encourage others to commit genocide, can still be punished under the Convention.

PAGE 12
KEY FEATURES OF LEGAL PROCESS
OF THE INTERNATIONAL CRIMINAL
SYSTEM
1. People under the age of 18 are not prosecuted by the ICC when they commit a crime.
2. The prosecutor must undertake a preliminary investigation before initiating an
investigation, taking into account concerns such as appropriate evidence, jurisdiction,
seriousness, complementarity, and the interests of justice.
3. The prosecutor must obtain and reveal both incriminating and exonerating evidence
when conducting an inquiry.
4. Unless proven guilty, the defendant is presumed innocent. The prosecutor bears the
burden of evidence.
5. At all stages of the proceedings (pre-trial, trial, and appeals), the defendant has the
right to receive material in a language that he or she fully knows and understands. As
a result, ICC procedures are conducted in a variety of languages, with teams of
interpreters and translators on hand.
6. Pre-trial judges issue arrest warrants and ensure that there is sufficient evidence
before a case may go to trial.
7. The defendant is referred to as a suspect before a case is committed to trial (during the
pre-trial phase). When a case is brought for trial, the defendant is referred to as the
accused since the accusations have been confirmed.
8. After examining evidence from the prosecutor, defence, and victim’s counsel, trial
judges give a verdict and if the offender is found guilty, make decisions on
punishment and restitution.
9. Appeals judges rule on appeals from either the prosecutor or the defence.
10. If new evidence is produced after a case is closed without a guilty verdict, the
prosecutor may reopen it.

PAGE 13
 CONCLUSION

International criminal law is an important subject that deals with the protection of international
human rights since it aims to punish activities that violate fundamental human rights such as life,
liberty, and security in general. Although the specific definition of an international crime is still
debated, it is usually understood as an act that jeopardises the international community’s
essential interests and entails individual criminal liability. Primary international crimes include
war crimes, crimes against humanity, genocide, and aggression. International criminal law, like
ordinary criminal law, prohibits certain behaviours and specifies the penalties that apply when
those behaviours are carried out. However, challenges such as international terrorism, religion,
the environment, and new patterns of war and peace continue to degrade international relations,
necessitating effective implementation.

International criminal law is a relatively young area of law that has developed rapidly since the
ICTY was created in 1994. Looking ahead, it is likely that the law, practice and institutions of
international criminal law will continue to develop well into the future. No particular result,
however, is inevitable. It is possible that the ICC will evolve into a stronger, more independent
and effective institution of international justice; less beholden to states, and to the UN Security
Council, than international criminal tribunals have proved to be so far. It is also possible that the
ICC will fail to survive as a viable and credible institution.

The dynamic development and continuing uncertainty that together characterize the present state
of international criminal law present both challenges and opportunities for individuals, NGOs
and states. The opportunity lies in the chance to participate in shaping a key aspect of the future
international order and hopefully in making it better. The challenge is to do so in a principled
way consistent not only with the requirements of criminal justice, but also with agreed limits on
international authority.

PAGE 14
 BIBLIOGRAPHY
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intl-law2.pdf
 https://blog.ipleaders.in/international-criminal-law/
 https://scholarship.kentlaw.iit.edu/cgi/viewcontent.cgi?article=3342&context=fac_schol
 https://www.rulac.org/legal-framework/international-criminal-law#collapse3accord
 https://law.stanford.edu/wp-content/uploads/2018/04/ILEI-Intl-Criminal-Law-2015.pdf
 Robert Cryer, Hakan Friman, Darriyl Robinson, Elizabeth Wilmshurst, An Introduction
to International Criminal Law and Procedure, Second Edition, Cambridge.

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