Please enable JavaScript.
Coggle requires JavaScript to display documents.
International accountability - Coggle Diagram
International accountability
I- Definition and historical background
1) Definition
International criminal law (droit pénal international)
A. Proscribes the commission of international crimes (war crimes, crimes against humanity, genocide, aggression, international terrorism, and other international crimes, ecocide);
B. Hold accountable individuals for international crimes;
C. Organises the repression of international crimes by imposing upon State obligations to prosecute and punish authors of these crimes and to repair damage, or by entrusting this responsibility to international courts and tribunals; and
D. Regulates the proceedings before international courts and tribunals.
2) Historical background
A) WWI
1919: Allies established the Commission on the Responsibilities of the Authors of the War and on Enforcement of Penalties, which concluded that 21000 Germans should be prosecuted. A few of them were tried by the Leipzig Supreme Court.
B) WWII
1945: Allies signed a treaty (to which 19 other States adhered to) establishing the Nuremberg Tribunal. 22 major war criminals were tried for crimes against peace, war crimes, crimes against humanity. Critics: victor justice (no Allies commanders were tried).
Tokyo tribunal
C) Cold war
Political conflicts between East and West blocked all efforts of justice at the international level during 40 years.
Many trials took place at national level
II) Tribunals created by UNSC resolutions
These are truly international tribunals -> no national judges (no judges from Rwanda). Only for international crimes. An international system of procedure. These tribunals are financed by the international community.
As they are created under chapter 7, there is an obligation for all states to comply by the decision taken by these tribunals.
These tribunals were the first tribunal created after a long period of time (the last time was after WWII)
1) Founding texts -> resolutions
2) Institutions : ICTY, ICTR
3) Main characteristics
of these tribunals
B. Competence (primacy)
C. Procedure
D. Cooperation
E. Seat
F. Financing
A. Composition
III) Tribunals created by bilateral agreements
A. Bilateral treaties (SCSL agreement/ECCC agreement)
B. Process of negotiation between UNSG (mandated by the GA or the SC) and the concerned State
LIRE PAGE 68 LESY MAMA A