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ICJ & ICC - Coggle Diagram
ICJ & ICC
International Criminal Court
former tribunals
UN International Criminal Tribunal for the Former Yugoslavia (ICTY)
Established in 1994 by UNSC
Judged on crimes committed in former Yugoslavia after Jan. 1991
ad hoc international criminal tribunal (1993-2017)
last cases
Ratko Mladic (2019)
Slobodan Praljak
International Criminal Tribunal for Rwanda (ICTR)
ad hoc international criminal tribunal (8 Nov. 1994) by UNSC
Judged on crimes committed from 1 Jan. 1994 to 31 Dec. 1994 in Rwanda
Closed 31 Dec. 2015
The Nuremberg Tribunal
Established by US, UK, SU and FR: London Charter of the International Military tribunal
Judged Nazi-officials 1945-49
judged on
warcrimes
crimes against humanity
crimes against peace
jurisdiction
jurisdiction over 'the most serious crimes of concern to the international community as a whole'
jurisdiction over individuals not states
types of crimes
genocide
crimes against humanity
war crimes
aggression (since 2018)
attention to cases
by UNSC
by the ICC prosecutor
by a member state
complementary principle: ICC only has juris. when MS is unwilling or unable
ICC has prosecutor but no police/prison
depends on MS to arrest suspect and imprison convict
origins
1 July 2002: statute enters into force, ICC operational
123 members
17 July 1998: 120 states sign the Rome Statute
non-members: US, China, Russia, India
ICC-US relationship
American Service Members Protection Act (2002)
"court-free zones"
national sovereignty vs. international jurisdiction
2018 policy to "protect U.S. citizens and allies from ICC investigations and prosecutions."
Revoked visa US prosecutor
Executive order 13928 (2020)
International Court of Justice
structure
Established in 1945 as UN organ
UN membership = ICJ membership
origins: Permanent court of International Justice (LoN)
staff
15 judges
9 year terms
elected by UN GA and SC by simple majority
2 "ad hoc" judges possible
The Registry = secretariat (spokesperson, external relations)
jurisdiction
requests for advisory opinions on legal questions (UN organs and specialized agencies)
decisions
are public
separate as well as dissenting opinions are allowed
Judgements are legally binding, advisory opinions are allowed
no opportunity for appeal
request for a more detailed argument possible/new process if new facts appear
legal disputes between 2 recognizing states
ad hoc acceptance
based on treaty clause
optional clause declarations (general acceptance of jurisdiction)
sources of law
customary law
national legal systems
international conventions
judicial scholarship
relationship with other UN organs
UN member states committed to ICJ decisions
Non-binding advice to UN GA/SC/specialized agencies/other organs
Example: certain expenses case 1962 (UFP)