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122-573: Classical international law governs the relationships, rights, and responsibilities of states. After World War II , the Charter of the International Military Tribunal and the following Nuremberg trial revolutionized international law by applying its prohibitions directly to individuals, in this case the defeated leaders of Nazi Germany , thus inventing international criminal law. After being dormant for decades, international criminal law

244-469: A state is held responsible for a breach of an international obligation . Rather than set forth any particular obligations, the rules of state responsibility determine, in general, when an obligation has been breached and the legal consequences of that violation. In this way they are "secondary" rules that address basic issues of responsibility and remedies available for breach of "primary" or substantive rules of international law , such as with respect to

366-649: A case will depend on the type of body presiding over the matter. National courts may not necessarily apply rules and principles from international law as an international tribunal might. The law as applied by specific tribunals may vary depending on the Statute of the Tribunal. They may also apply national laws if given the authority to do so as the Special Court for Sierra Leone was. The core crimes under international law are war crimes , genocide , crimes against humanity , and

488-416: A decision on guilt or innocence or on the sentence and potentially order a new trial before a different Trial Chamber. They also ensure that the conviction was not materially affected by errors or by unfairness of proceedings and that the sentence is proportionate to the crimes. The appeal judges are also empowered to confirm, reverse or amend an order for reparations revise the final judgment of conviction or

610-463: A general regime of legal responsibility, which the rules of state responsibility have taken on, is an inception of the civil law system and is largely foreign to the common law tradition. The topic of state responsibility was one of the first 14 areas provisionally selected for the ILC's attention in 1949. When the ILC listed the topic for codification in 1953, "state responsibility" was distinguished from

732-500: A guilty plea; the other four defendants pleaded not guilty. In June 2012, Eric Senessie was tried and convicted of eight counts of contempt of court. He was sentenced the following month to two years' incarceration per count, with each sentence to run concurrently. Kamara, Kanu, and Bangura were also tried in June 2012. In September 2012, they were convicted of contempt of court. Kanu and Bangura were convicted of two counts of "interfering with

854-448: A high level of abstraction, Ago created a politically safe space within which the ILC could work and largely avoid the contentious debates of the day. From 1969 until his election to the ICJ in 1980, Ago completed work on part 1 of the draft articles, addressing the origin of state responsibility. Most of the thirty-five articles adopted during his tenure are reflected in the final draft. Work on

976-548: A military coup on 25 May 1997. He was widely reported to have been killed in June 2003, but as definitive evidence of his death has never been provided his indictment has not been dropped. The former President of Liberia , Charles Taylor , was accused of involvement in the civil war. Taylor was originally indicted in 2003, but he was given asylum in Nigeria after fleeing Liberia. In March 2006, Taylor fled from his house in Nigeria and

1098-410: A national, ethnical, racial or religious group." These five acts are: killing members of the group, causing them serious bodily or mental harm, imposing living conditions intended to destroy the group, preventing births, and forcibly transferring children out of the group. Victims are targeted because of their real or perceived membership of a group, not randomly. Genocide, especially large-scale genocide,

1220-399: A separate topic on the "treatment of aliens", reflecting the growing view that state responsibility encompasses the breach of an international obligation. The ILC's first special rapporteur on state responsibility, F.V. García Amador of Cuba , appointed in 1955 noted, "It would be difficult to find a topic beset with greater confusion and uncertainty." García Amador attempted to return to

1342-644: A surgical procedure in Dakar, Senegal. The trial proceedings against him were accordingly terminated. Five leaders of the Revolutionary United Front (RUF) were indicted: Foday Sankoh , Sam Bockarie , Issa Hassan Sesay , Morris Kallon and Augustine Gbao . The charges against Sankoh and Bockarie were dropped after their deaths were officially ascertained. The trial for Kallon, Gbao and Sesay began on 5 July 2004. It concluded on 24 June 2008. Final oral arguments were conducted on 4 and 5 August 2008. Three of

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1464-674: A third country to hold him if convicted, to which the United Kingdom agreed. His trial in Freetown was deemed undesirable for security reasons with UNAMSIL having considerably reduced its presence. United Nations Security Council Resolution 1688 of 17 June 2006 allowed the Special Court to transfer Taylor's case to The Hague , Netherlands, where the physical infrastructure of the International Criminal Court would be used with

1586-461: A whole constitutes an international crime. 3. Subject to Paragraph 2, and on the basis of the rules of international law in force, an international crime may result, inter alia, from: (a) a serious breach of an international obligation of essential importance for the maintenance of international peace and security, such as that prohibiting aggression; (b) a serious breach of an international obligation of essential importance for safeguarding

1708-499: Is Article 48, which provides that certain violations of international obligations can affect the international community as a whole such that state responsibility can be invoked by states on behalf of the larger community. This provision picks up on the ICJ's celebrated suggestion in Barcelona Traction that some obligations are owed erga omnes , toward the international community as a whole. If illegal actions are continuing,

1830-404: Is a key demand of victims of human rights abuses. Prosecution of such criminals can play a key role in restoring dignity to victims, and restoring trusting relationships in society. James Waller concludes that genocide is worth it because not only does it often work, but the chances of punishment for those who orchestrate and carry it out are, if existent, relatively inconsequential. Impunity

1952-454: Is above the law. The judges found that Mr. Taylor aided and abetted the crimes charged in counts 1 through 11, and that he planned with Sam Bockarie the attacks on Kono, Makeni and Freetown in late 1998 and January 1999 during which the charged crimes were committed. The Trial Chamber's findings made clear the central role Charles Taylor played in the horrific crimes against the people of Sierra Leone. Mr. Taylor's conviction for murder acknowledges

2074-514: Is for the people of Sierra Leone who suffered horribly because of Charles Taylor. This judgment brings some measure of justice to the many thousands of victims who paid a terrible price for Mr. Taylor's crimes. Today's historic judgment reinforces the new reality, that Heads of State will be held to account for war crimes and other international crimes. This judgment affirms that with leadership comes not just power and authority, but also responsibility and accountability. No person, no matter how powerful,

2196-416: Is in the appeals stage. Proceedings against 32 have been completed: two are serving sentences, seven have finished sentences, four have been acquitted, seven have had the charges against them dismissed, four have had the charges against them withdrawn, and eight have died before the conclusion of the proceedings against them. As of March 2011, three trials against four people are underway: two trials regarding

2318-438: Is necessary to prove a causal connection between the injury and an official act or omission attributable to the state alleged to be in breach of its obligations. This has become an increasingly significant contemporary issue, as non-state actors such as Al Qaeda , multinational corporations , and non-governmental organisations play greater international roles, and as governments privatise some traditional functions. The state

2440-548: Is part of the command structure, who orders any attempt to commit mass killings including genocide or ethnic cleansing of protected persons; the granting of no quarter despite surrender; the conscription of children in the military ; and flouting the legal distinctions of proportionality and military necessity . Genocide is the intentional destruction of a people in whole or in part. The United Nations 1948 Genocide Convention defines genocide as any of five "acts committed with intent to destroy, in whole or in part,

2562-547: Is responsible for all actions of its officials and organs, even if the organ or official is formally independent and even if the organ or official is acting ultra vires . Persons or entities not classified as organs of the State may still be imputable, when they are otherwise empowered to exercise elements of governmental authority, and act in that capacity in the particular instance. Persons or entities not performing public functions may equally be imputable, if they in fact acted under

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2684-464: Is the rule rather than the exemption. A recent documentary, for instance, states that more than 800,000 SS soldiers survived the war. While several thousand were prosecuted for war crimes, only 124 were convicted. The apprehension and conviction rates for international tribunals are as equally disconcerting, even as they are empowering for would-be perpetrators. International criminal law does not, at present, apply to armed opposition groups. Article 9 of

2806-1374: Is therefore left to individual states. To date, the Court: opened investigations in Afghanistan , Bangladesh/Myanmar , Burundi, the Central African Republic (twice), Côte d'Ivoire, Darfur in Sudan , the Democratic Republic of the Congo , Georgia , Kenya , Libya , Mali , Palestine , the Philippines , Uganda , Ukraine , and Venezuela I . The Office of the Prosecutor carried out and closed preliminary investigations in Bolivia; Colombia; Congo II; Gabon; Guinea; Honduras; Iraq/the United Kingdom ; registered vessels of Comoros, Greece, and Cambodia; and South Korea. Ongoing preliminary examinations are being carried out in situations in Lithuania/Belarus, Nigeria, and Venezuela II. It publicly indicted 67 people. Proceedings against 35 are ongoing: 30 are at large as fugitives, four are on trial, and one

2928-431: Is widely considered to signify the epitome of human evil , and can be committed against protected or non-protected persons alike in the context of interstate conflicts. Crimes against humanity are widespread or systemic criminal acts which are committed by or on behalf of a state or de facto authority that grossly violate human rights . Unlike war crimes , crimes against humanity do not have to take place within

3050-775: The European Commission , the NATO Parliamentary ;Assembly and several governments, including the Government of Ukraine , have called for the establishment of an international criminal tribunal to "investigate and prosecute the crime of aggression " committed by "the political and military leadership of the Russian Federation ." Under the Council of Europe's proposal, the tribunal should be located in Strasbourg , "apply

3172-570: The Geneva Conventions (dealing with war crimes committed during internal conflicts). So far, the Tribunal has finished 50 trials and convicted 29 accused persons. Another 11 trials are in progress. 14 individuals are awaiting trial in detention; but the prosecutor intends to transfer 5 to national jurisdiction for trial. 13 others are still at large, some suspected to be dead. The first trial, of Jean-Paul Akayesu , began in 1997. Jean Kambanda , interim Prime Minister, pleaded guilty. According to

3294-593: The ICC or ICCt ) is a permanent tribunal to prosecute individuals for genocide , crimes against humanity , war crimes , and the crime of aggression (although it cannot currently exercise jurisdiction over the crime of aggression). The court's creation perhaps constitutes the most significant reform of international law since 1945. It gives authority to the two bodies of international law that deal with treatment of individuals: human rights and humanitarian law. It came into being on July 1, 2002—the date its founding treaty ,

3416-529: The Inter-American Commission on Human Rights in Colombia until 1999. The application of human rights treaties to these groups remains the exception, rather than the rule. Human rights are usually understood conceptually as those rights individuals hold against the state, and some scholars argue that they are poorly suited to the task of resolving disputes that arise in the course of armed conflict between

3538-684: The International Court of Justice and "are considered by courts and commentators to be in whole or in large part an accurate codification of the customary international law of state responsibility". Although the articles are general in coverage, they do not necessarily apply in all cases. Particular treaty regimes, such as the General Agreement on Tariffs and Trade and the European Convention on Human Rights , have established their own special rules of responsibility. Traditionally,

3660-616: The International Law Commission to reach agreement on the final text of the Draft Articles as a whole, with commentaries. At the same time, the customary international law of state responsibility concerning matters such as detention and physical ill-treatment of aliens and their right to a fair trial has been rendered less important than formerly by the development of international human rights law, which applies to all individuals, whether aliens or nationals. The concept of

3782-654: The Nuremberg Charter states: At the trial of any individual member of any group of organization the Tribunal may declare (in connection with any act of which the individual may be convicted) that the group or organization of which the individual was a member was a criminal organization. Article 9, which was used to prosecute membership in the Schutzstaffel (SS), allows the criminalization of certain organizations (presumably state-supported) and prosecution for membership by allowing individuals to be prosecuted where evidence

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3904-475: The Philippines were member states, but later withdrew effective 27 October 2017 and 17 March 2019, respectively. A further 29 countries have signed but not ratified the Rome Statute. The law of treaties obliges these states to refrain from "acts which would defeat the object and purpose" of the treaty until they declare they do not intend to become a party to the treaty. Four signatory states—Israel in 2002,

4026-676: The Rome Statute of the International Criminal Court , entered into force—and it can only prosecute crimes committed on or after that date. The court's official seat is in The Hague , Netherlands , but its proceedings may take place anywhere. As of October 2024, 125 states are parties to the Statute of the Court , including all the countries of South America, nearly all of Europe, most of Oceania and roughly half of Africa. Burundi and

4148-771: The Treaty of Versailles stated that an international tribunal was to be set up to try Wilhelm II of the German Empire . In the event, however, the Kaiser was granted asylum in the Netherlands. After World War II , the Allied powers set up an international tribunal to try not only war crimes , but crimes against humanity committed by Nazi Germany and Imperial Japan . The Nuremberg Tribunal held its first session in 1945 and pronounced judgments on 30 September / 1 October 1946. A similar tribunal

4270-870: The Tribunal pénal international pour le Rwanda ( TPIR ), is an international court established in November 1994 by the United Nations Security Council in Resolution 955 in order to judge people responsible for the Rwandan genocide and other serious violations of the international law in Rwanda , or by Rwandan citizens in nearby states, between 1 January and 31 December 1994. In 1995 it became located in Arusha , Tanzania , under Resolution 977 . (From 2006, Arusha also became

4392-568: The United Nations General Assembly adopted resolution 56/83 , which "commended [the articles] to the attention of Governments without prejudice to the question of their future adoption or other appropriate action." Crawford notes that the rules are "rigorously general in character," encompassing all types of international obligations. According to the Draft Articles , an internationally wrongful act must: Earlier drafts of

4514-529: The United States on 6 May 2002, Sudan on 26 August 2008, and Russia on 30 November 2016—have informed the UN Secretary General that they no longer intend to become states parties and, as such, have no legal obligations arising from their signature of the Statute. Forty-one additional states have neither signed nor acceded to the Rome Statute. Some of them, including China and India , are critical of

4636-594: The Universal Declaration of Human Rights (1948). Crimes against humanity have been prosecuted by international courts (such as the International Criminal Court ) as well as by domestic courts. A crime of aggression is the planning, initiation, or execution of a large-scale and serious act of aggression using state military force. The Rome Statute contains an exhaustive list of acts of aggression that can give rise to individual criminal responsibility, which include invasion , military occupation , annexation by

4758-542: The Yugoslav Wars , and to try their perpetrators. An ad hoc court, the tribunal was situated in The Hague , the Netherlands . The ICTY was established by United Nations Security Council Resolution 827 , which was passed on 25 May 1993. It had jurisdiction over four clusters of crime that had been committed on the territory of the former Yugoslavia since 1991: grave breaches of the Geneva Conventions , violations of

4880-463: The crime of aggression . A war crime is a violation of the law of war treaties or provisions that gives rise to individual criminal responsibility for actions committed in connection to armed conflict . These actions include intentionally killing, torturing , raping , or taking protected persons hostages ; unnecessarily destroying protected civilian property ; deception by perfidy ; and pillaging . They also include, for any individual that

5002-492: The laws or customs of war , genocide , and crime against humanity . The maximum sentence it could impose was life imprisonment . Various countries reached agreements with the UN to carry out custodial sentences. The last indictment issued by the ICTY was on 15 March 2004. A total of 161 persons were indicted by the ICTY during the course of its existence. The final fugitive, Goran Hadžić ,

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5124-659: The "Special Court" ( SCSL ), also called the Sierra Leone Tribunal , was a judicial body set up by the government of Sierra Leone and the United Nations to "prosecute persons who bear the greatest responsibility for serious violations of international humanitarian law and Sierra Leonean law" committed in Sierra Leone after 30 November 1996 and during the Sierra Leone Civil War . The court's working language

5246-440: The 18 counts on which they had been charged. Augustine Gbao was found guilty of 14 of the 18 charges. Convictions were entered on charges including murder, enlistment of child soldiers , amputation, sexual slavery and forced marriage . The three were all convicted on charges of forced marriage, the first such convictions ever handed down in an international criminal court. All three had pleaded not guilty and shook their heads as

5368-426: The 1946 Statute of the International Court of Justice and comprise: treaties , customary international law , general principles of law (and as a subsidiary measure judicial decisions and the most highly qualified juristic writings). The Rome Statute governing the International Criminal Court contains an analogous, though not identical, set of sources that the court may rely on. The rules or principles applied to

5490-479: The Appeals Chamber also entered new convictions against both for murder and inhumane acts as crimes against humanity. The Appeals Chamber also enhanced the sentences against the two, with the result that Fofana will serve 15 years and Kondewa will serve 20 years. On 25 February 2009, convictions of each of the three RUF defendants were handed down. Issa Sesay and Morris Kallon were each found guilty on 16 of

5612-446: The Appeals Chamber denied their appeal and reaffirmed the verdicts. On 2 August 2007, the two surviving CDF defendants, Kondewa and Fofana, were convicted of murder, cruel treatment, pillage and collective punishments. Kondewa was further found guilty of use of child soldiers. The CDF trial was perhaps the most controversial as many Sierra Leoneans considered the CDF to be protecting them from

5734-453: The Articles on State Responsibility contained Article 19, which provided for " state crimes ". Article 19 included the following provisions: 2. An internationally wrongful act which results from the breach by a State of an international obligation so essential for the protection of fundamental interests of the international community that its breach is recognized as a crime by that community as

5856-420: The Court can charge individuals. They are crimes against humanity , violations of Article 3 common to the Geneva Conventions and of Additional Protocol II ( war crimes ), other serious violations of international humanitarian law , and crimes under Sierra Leonean law. If found guilty, sentencing could include prison terms or have their property confiscated. The SCSL, as with all other tribunals established by

5978-517: The Court. The court can generally exercise jurisdiction only in cases where the accused is a national of a state party, the alleged crime took place on the territory of a state party, or a situation is referred to the court by the United Nations Security Council . It is designed to complement existing national judicial systems: it can exercise its jurisdiction only when national courts are unwilling or unable to investigate or prosecute such crimes. Primary responsibility to investigate and punish crimes

6100-452: The Court’s custody, and one is appealing his conviction. Seventeen proceedings have been completed, resulting in three convictions, one acquittal, six had the charges against them dismissed, two had the charges against them withdrawn, one had his case declared inadmissible, and four died before trial. An example to illustrate the Court’s proceedings is Thomas Lubanga, 51, a Congolese warlord and

6222-569: The ICC Prosecution filed an application for the issuance of a warrant of arrest for Lubanga, which was granted by the Pre-Trial Chamber I on 10 February 2006. On 17 March 2006 Congolese authorities surrendered Lubanga to the Court, where he was held in their detention center in the Hague until 20 March 2006, where he made his first court appearance to confirm his identity, ensure he was informed of

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6344-543: The ICC president and two vice presidents who head the court. The Court has three Judicial Divisions who hear matters at different stages of the proceedings: Pre-Trial, Trial, and Appeals. Pre-Trial: three judges decide if there is enough evidence for a case to go to trial, and if so, confirm the charges and commit the case to trial. They are responsible to issue arrest warrants or summonses to appeal, preserve evidence, protect suspects and witnesses, appoint counsel or other support for

6466-570: The ICTR's Completion Strategy, in accordance with Security Council Resolution 1503 , all first-instance cases were to have completed trial by the end of 2008 (this date was later extended to the end of 2009). On July 1, 2012, an International Residual Mechanism for Criminal Tribunals will begin functioning with respect to the work begun by the ICTR. The ICTR has been called upon by the United Nations Security Council to finish its work by December 31, 2014, and to prepare its closure and transition of cases to

6588-698: The Mechanism. The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991 , more commonly referred to as the International Criminal Tribunal for the former Yugoslavia or ICTY , was a body of the United Nations established to prosecute serious crimes committed during

6710-540: The RUF, while the prosecution said that RUF's undermining of a 1999 ceasefire prolonged the war and was financed by Taylor through the proceeds of illegally mined " blood diamonds ." In reaction to the verdict, Richard Dekker, the head of the international justice programme at Human Rights Watch said: "The Taylor verdict is a watershed moment, however it turns out. As president, Taylor is believed to have been responsible for so much murder and mayhem which unfolded in Sierra Leone. His

6832-424: The Sierra Leone government). The remaining five were Appeals Judges, three of whom were appointed by the UN and two nominated by the Sierra Leone government. Judges were appointed for a term of three years, with an option for re-appointment. Appeals Chamber: Trial Chamber I judges: Trial Chamber II judges: The Statute of the Special Court for Sierra Leone outlines four different types of crimes with which

6954-559: The Sierra Leonean government to create a Special Court. On 16 January 2002, the UN and the government of Sierra Leone signed an agreement establishing the court. A contract was awarded to Sierra Construction Systems, the largest construction company in Sierra Leone, to construct the building that would house the court. The first staff members arrived in Freetown in July 2002. On 10 March 2004,

7076-461: The Trial Chamber noted, "contributed immensely to re-establishing the rule of law in this Country where criminality, anarchy and lawlessness (...) had become the order of the day". On appellate judgements announced on 28 May 2008, the Appeals Chamber overturned convictions of both defendants on the collective punishments charge as well as Kondewa's conviction for the use of child soldiers. However,

7198-447: The U.S. has refused the International Criminal Court jurisdiction over its citizens. The Court has opened two contempt cases. The first was opened in 2005 involved the alleged intimidation of a witness by Brima Samura, an investigator for the defense team in the AFRC case and wives of the defendants: Margaret Brima, Neneh Jalloh, Esther Kamara, and Anifa Kamara. Samura was acquitted, but all

7320-563: The UNSG and took up her office in February 2010. The prosecutor and her team investigate crimes, gather evidence and submit indictments to the judges. The Deputy Prosecutor is Joseph Kamara, a Sierra Leonean, nominated by that government and appointed by the Secretary General. Kamara took up his post on 15 August 2008. The statute of the court indicated eight to eleven judges. Three would serve in

7442-679: The United Nations, does not have the power to impose the death penalty . Thus far, 13 individuals have been indicted on charges of committing crimes against humanity, war crimes, and other violations of international humanitarian law. No individuals have been charged with crimes under Sierra Leonean law. A total of 23 people have been indicted in the SCSL. Proceedings against 22 people have been completed: six are serving their sentences, one died while serving his sentence, nine have finished their sentences, three have been acquitted, and three have died prior to

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7564-551: The administration of justice by offering a bribe to a witness" and for attempting to induce a witness who had given testimony before the special court to recant. Kamara was convicted for attempting to induce a witness to recant testimony he had previously given as well. In October 2012, Kargbo, Kamara, Kanu, and Bangura were sentenced to prison terms ranging from 18 months (suspended for Kargbo) to 2 years on contempt charges stemming from allegations of witness tampering. In 2012, Charles Taylor's lead defense counsel, Courtenay Griffiths ,

7686-417: The age of 15 years into the armed forces; enslavement; and pillage in accordance with article 6.1 of the SCSL's statute. His sentence would be announced on 30 May after a hearing in which Taylor would be given the opportunity to speak on 16 May. An appeal could also be filed within 14 days of the decision. Though Taylor had rejected complicity on any of the charges, the court said that he ordered and supported

7808-423: The articles create new rights for injured states, principally, the right to invoke responsibility (Articles 42 and 48) and a limited right to take countermeasures (Articles 49-53). These rights, however, are heavily state-centred and do not deal with how state responsibility is to be implemented if the holder of the right is an individual or an organisation. The principal element of progressive development in this area

7930-408: The basis of politics, race, ethnicity or religion; and other "inhumane acts." In addition, the court would have jurisdiction to prosecute those who violated the Geneva Convention of 1949, as well as Sierra Leone's Prevention of Cruelty to Children Act, 1926 for the abuse of girls and Malicious Damage Act 1861 . However, the court does not have jurisdiction over those under the age of 15. Further, it

8052-453: The breaching state, principally, duties of cessation and non-repetition (Article 30), and a duty to make full reparation (Article 31). Article 33(1) characterises these secondary obligations as being owed to other states or to the international community as a whole. Articles indirectly acknowledges in a savings clause also that states may owe secondary obligations to non-state actors such as individuals or international organisations. Second,

8174-415: The conclusion of the proceedings against them. Proceedings against one person, Johnny Paul Koroma, are ongoing; he is a fugitive, although he is believed to be deceased. The list below details the counts against each individual indicted in the Court and his or her current status. The column titled H lists the number of counts (if any) of crimes against humanity with which an individual has been charged. W

8296-411: The conscience", with which it is concerned. This creates significant differences of analysis between the legal systems, notably for the concept of legal intent . Some precedents in international criminal law can be found in the time before World War I . However, it was only after the war that a truly international crime tribunal was envisaged to try perpetrators of crimes committed in this period. Thus,

8418-416: The consequences of breaches of international obligations. Over the next eight years, the ILC completed its first reading of parts 2 and 3. In 1995, the United Nations General Assembly adopted a resolution in effect pressing the Commission to make progress on the state responsibility articles and other long-pending projects. James Crawford of Australia , appointed as special rapporteur in 1996, approached

8540-400: The context of wars , and they apply to widespread practices rather than acts which are committed by individuals . Like genocide, crimes against humanity can be committed against people who do not fulfill the criteria of protected persons in the context of interstate conflicts and are part of an official policy or tolerated by authorities. A global standard of human rights was articulated in

8662-403: The crimes of which he was accused, and receive a counsel of defense. From 26 August 2011 to 14 March 2012, the Trial Chamber I, composed of judges from France, the Dominican Republic, and Hungary, heard Lubanga’s case, which included 36 witnesses, including 3 experts called by the Office of the Prosecutor, 24 witnesses called by the defense and three witnesses called by the legal representatives of

8784-511: The defense, ensure that a person is not detained for an unreasonable period prior to trial, and safeguard information affecting national security Trial: three judges decide if there is enough evidence to prove beyond a reasonable doubt that the accused is guilty as charged, sentence those found guilty, and pronounce the sentence in public, order reparation to victims, including restitution, compensation and rehabilitation Appeal: five judges handle appeals filed by parties that confirm, reverse or amend

8906-582: The definition of the crime of aggression" established in customary international law and "have the power to issue international arrest warrants and not be limited by State immunity or the immunity of heads of State and government and other State officials." In November 2022 the NATO Parliamentary Assembly designated the Russian Federation as a terrorist organization and called upon the international community to "take collective action towards

9028-461: The depredations of the RUF. On 9 October 2007, the Court decided on the punishment. Kondewa was sentenced to eight years' imprisonment, Fofana got six years. These sentences were considered a success for the defence as the prosecutors had asked for 30 years' imprisonment for both. The Court imposed a lesser sentence because it saw some mitigating factors. These included the CDF's efforts to restore Sierra Leone's democratically elected government which,

9150-484: The detained indictees belonged to the Armed Forces Revolutionary Council (AFRC): Alex Tamba Brima (also known as Gullit), Brima Bazzy Kamara and Santigie Borbor Kanu (also known as Five-Five). Their trial began on 7 March 2005. The only indicted person who is not detained, and whose whereabouts remain uncertain, is the former dictator and AFRC chairman Johnny Paul Koroma , who seized power in

9272-419: The direction or control of the State. Where there is a breakdown of normal governmental authority and control, such as in so-called " failed states ", the actions of those acting as the "government" in a de facto sense will be acts of the state. The acts of an "insurrectional or other movement that becomes the new government of an existing state or succeeds in establishing a new state" can also be attributed to

9394-509: The establishment of a permanent International Criminal Court in 1993; in 1998, at a diplomatic conference in Rome, the Rome Statute establishing the ICC was signed. The ICC issued its first arrest warrants in 2005. International criminal law is a subset of international law. As such, its sources are those that comprise international law. The classical enumeration of those sources is in Article 38(1) of

9516-454: The establishment of an international tribunal to prosecute the crime of aggression committed by Russia with its war against Ukraine." In November 2022 the European Commission said the EU will work to establish an ad hoc criminal tribunal to investigate and prosecute Russia's crime of aggression. State responsibility The laws of state responsibility are the principles governing when and how

9638-505: The first African head of state to be convicted for his part in war crimes . On 12 June 2000, Sierra Leone's President Ahmad Tejan Kabbah wrote a letter to United Nations Secretary-General Kofi Annan asking the international community to try those responsible for crimes during the conflict. On 10 August 2000, the United Nations Security Council adopted Resolution 1315 requesting the Secretary-General to start negotiations with

9760-450: The first judgments from the SCSL, as well as the first time ever that an international court ruled on charges related to child soldiers or forced marriage, and the first time an international court delivered a guilty verdict for the military conscription of children. On 19 July 2007, Alex Tamba Brima and Santigie Borbor Kanu were sentenced to 50 years in jail, while Brima Kamara was sentenced to 45 years' imprisonment. On 22 February 2008,

9882-746: The first person convicted by the Court for his crimes of recruiting and using child soldiers. In March 2012, Lubanga was found guilty and sentenced to 14 years in prison for abducting boys and girls under the age of 15 and forcing them to fight in for his army, the Force Patriotique pour la Libération du Congo (FPLC), in the Democratic Republic of Congo’s Ituri region between 2002 and 2003. FPLC recruited children as young as 11 from their homes and schools to participate in an ethnic fighting, and many were taken to military camps, where they were beaten, drugged, and girls used as sex slaves. On 13 January 2006

10004-475: The former Yugoslavia who have acceded a willingness to host the accused for the tenure of their sentence can hold the prisoner. Enforcement would be carried out by the court. For a detailed discuss of the sentencing practice and punishments imposed by the Special Court for Sierra Leone read Shahram Dana , The Sentencing Legacy of the Special Court for Sierra Leone, 42 Georgia Journal of International and Comparative Law 615 (2014). Commuting sentences would be up to

10126-472: The general elements to establish state responsibility are established, the question arises as to whether any defences may be available to the respondent state. These include force majeure (Article 23), distress (Article 24), necessity (Article 25) and counter measures (Articles 49-52), self-defence (article 21) and consent (article 20). The breach of an international obligation entails two types of legal consequences. Firstly, it creates new obligations for

10248-456: The judgment was read. Sentences were handed down on 8 April 2009. Sesay received 52 years, Kallon 40 years and Gbao 25 years. The convictions and sentences were appealed and, on 26 October 2009, the Appeals Chamber handed down an opinion denying that appeal. On 26 April 2012, Charles Taylor was convicted on all 11 counts with which he remained charged. He was previously acquitted of ordering war crimes and of joint conspiracy. On 30 May 2012, he

10370-629: The location of the African Court on Human and Peoples' Rights ). In 1998 the operation of the Tribunal was expanded in Resolution 1165 . Through several resolutions, the Security Council called on the Tribunal to complete its investigations by end of 2004, complete all trial activities by end of 2008, and complete all work in 2012. The tribunal has jurisdiction over genocide , crimes against humanity and war crimes , which are defined as violations of Common Article Three and Additional Protocol II of

10492-671: The new courthouse building of the Special Court for Sierra Leone was officially opened, before an audience of national and international dignitaries. As of April 2012, over 40 states had contributed funds for the court's work, with the most notable African contributor being Nigeria. In 2004, 2011 and 2012, the SCSL received funding from subventions from the United Nations. The SCSL had the jurisdiction to try any persons who committed crimes against humanity against civilians that included: murder; extermination; enslavement; deportation; imprisonment; torture; rape, sexual slavery, forced prostitution or any other form of sexual violence; persecution on

10614-747: The number of counts of war crimes and violations of international humanitarian law, CSL the number of counts of crimes under Sierra Leonean law, and C the number of counts of contempt of the Court . Note that these are the counts with which an individual was indicted, not convicted. Three of the indictees were leaders of the Civil Defence Forces (CDF), i.e. Allieu Kondewa , Moinina Fofana , and former Interior Minister Samuel Hinga Norman . Their trial started on 3 June 2004 and concluded with closing arguments in September 2006. Norman died in custody on 22 February 2007 before judgement after having undergone

10736-427: The other defendants were sentenced to one year of probation. The second case was opened in 2011 and involved witness tampering, interference with the administration of justice, and other allegations against Brima Kamara and Santigie Kanu, who at the time had already been sentenced for the previous case against them, and Hassan Bangura, Samuel Kargbo, and Eric Senessie. At a July 2011 preliminary hearing, Kargbo entered

10858-447: The presiding judge Richard Lussick , who said that "the trial chamber unanimously finds you guilty of aiding and abetting [all of these] crimes:" acts of terrorism; murder; violence to life, health or physical well being of persons; rape; sexual slavery; outrages upon personal dignity; violence to life, health and physical or mental well being of persons; other inhumane acts, a crime against humanity; conscripting or enlisting children under

10980-400: The remainder of the articles proceeded slowly throughout the 1980s and early 1990s. Willem Riphagen of the Netherlands , who served as special rapporteur to 1986, stressed that particular primary rules may specify the consequences of their breach - an idea conveyed by the articles through the recognition of lex specialis . Gaetano Arangio-Ruiz , special rapporteur from 1988, helped clarify

11102-415: The right of self-determination of peoples, such as that prohibiting the establishment or maintenance by force of colonial domination; (c) a serious breach on a widespread scale of an international obligation of essential importance for safeguarding the human being, such as those prohibiting slavery, genocide and apartheid; (d) a serious breach of an international obligation of essential importance for

11224-401: The safeguarding and preservation of the human environment, such as those prohibiting massive pollution of the atmosphere or of the seas. 4. Any internationally wrongful act which is not an international crime in accordance with paragraph 2 constitutes an international delict. Article 19 was deleted from the final Draft Articles. Before a state can be held responsible for any action, it

11346-442: The sentence, and hear appeals on a decision on jurisdiction or admissibility, interim release decisions and interlocutory matters The Court's Pre-Trial Chambers has publicly indicted 41 people, and issued arrest warrants for 33 others, and summonses to eight more. Seven people are currently in ICC detention. At the trial stage, there are 23 ongoing proceedings, as 12 people are at large as fugitives, three are under arrest but not in

11468-534: The situation in the Democratic Republic of the Congo and one trial regarding the Central African Republic . Another two people have been committed to a fourth trial in the situation of Darfur, Sudan. One confirmation of charges hearing (against one person in the situation of the DR Congo) is to start in July 2011 while two new cases (against a total of six persons in the situation of Kenya) will begin with

11590-688: The state and armed opposition groups. Today, the most important institution is the International Criminal Court (ICC), as well as several ad hoc tribunals : Apart from these institutions, some "hybrid" courts and tribunals exist—judicial bodies with both international and national judges: Some domestic courts have also been established to hear international crimes, such as the International Crimes Tribunal (Bangladesh) . The International Criminal Court ( French : Cour Pénale Internationale ; commonly referred to as

11712-589: The state has a duty to cease. The state also has duties to make reparation , which could involve restitution , compensation , or satisfaction . Remedies will be dependent on the particular forum, such as the United Nations , International Court of Justice , World Trade Organization , International Tribunal for the Law of the Sea , International Criminal Court , and on the purpose of reparation. Special Court for Sierra Leone The Special Court for Sierra Leone , or

11834-607: The state in consultation with the court. The Special Court consisted of three institutions: the Registry, the Office of the Prosecutor, and the Chambers (for trials and appeals). The Registry was responsible for the overall management of the court. Registrars: The current prosecutor, Brenda Hollis , previously the principal trial attorney in the Charles Taylor case, was appointed by

11956-503: The state. This is also the case where a state acknowledges and adopts the conduct of private persons as its own. Despite their apparent concreteness, the standards stated in some rules involve important ambiguities, and their application will often require significant fact-finding and judgment. Most rules state responsibility involving private acts already arise under primary rules. For example, environmental and human rights agreements require states to prevent abuses by private parties. If

12078-567: The suspects' first appearances in April 2011. The judicial division of the court consists of 18 judges who are elected by the Assembly of State Parties for their qualifications, impartiality, and integrity, and serve nine-year, non-renewable terms. The judges are responsible to ensure fair trials, render decisions, issue arrest warrants or summonses to appear, authorize victims to participate, and order witness protection measures. They elect among themselves

12200-541: The task pragmatically. The ILC moved rapidly through a second reading of the draft articles, adopting what it could agree on and jettisoning the rest, most notable of which was Article 19 on state crimes and the section on dispute settlement. The final text of the Draft Articles was adopted by the ILC in August 2001, bringing to completion one of the Commission's longest running and most controversial studies. On 12 December 2001,

12322-486: The term "state responsibility" referred only to state responsibility for injuries to aliens . It included not only "secondary" issues such as attribution and remedies, but also the primary rights and duties of states, for example the asserted international standard of treatment and the right of diplomatic protection . Early efforts by the League of Nations and private bodies to codify the rules of "state responsibility" reflected

12444-458: The theory of the law of state responsibility was not well developed. The position has now changed, with the adoption of the Draft Articles on the Responsibility of States for Internationally Wrongful Acts ("Draft Articles") by the International Law Commission (ILC) in August 2001. The Draft Articles are a combination of codification and progressive development. They have already been cited by

12566-443: The thousands who were brutally killed. These men, women and children were violently taken from their family and friends, and many were killed in remote locations known only to their killers. Victims' families were left destitute, with emotional wounds that will never heal. Richard Falk criticised the trial, arguing that Western powers selectively prosecuted only war criminals who were opposed to Western interests. He also noted that

12688-788: The three suspects in the Armed Forces Revolutionary Council trial, Brima, Kanu, and Kamara, were each convicted of eleven of 14 counts. These were acts of terrorism ; collective punishments ; extermination; murder —a crime against humanity; murder—a war crime; rape ; outrages upon personal dignity; physical violence—a war crime; conscripting or enlisting children under the age of 15 years into armed forces or groups, or using them to participate actively in hostilities; enslavement ; and pillage. They were found not guilty of three counts: sexual slavery and any other form of sexual violence; other inhumane act— forced marriage ; and other inhumane acts—a crime against humanity. These were

12810-518: The traditional focus on responsibility for injuries to aliens. The League's 1930 Codification Conference in The Hague was able to reach an agreement only on "secondary" issues such as imputation , not on substantive rules regarding the treatment of aliens and their property. Attempts to codify and develop the rules of state responsibility have continued throughout the life of the United Nations . It took nearly 45 years, more than thirty reports, and extensive work by five Special Rapporteurs in order for

12932-422: The traditional focus on responsibility for injury to aliens but his work was essentially abandoned by the ILC when his membership ended in 1961. His successor, Roberto Ago of Italy , reconceptualised the ILC's work in terms of the distinction between primary and secondary rules, and also established the basic organisational structure of what would become the Draft Articles . By focusing on general rules, stated at

13054-470: The trial chamber (of which one would be appointed by the Sierra Leonean government and two by the UN Secretary-General) and five would serve in the appeals chamber (of which two would be appointed by the Sierra Leonean government and three by the UN secretary-general). At closure there were twelve judges, of which seven were Trial Judges (five UN appointed—including one alternate—and two nominated by

13176-405: The trial still being conducted under the SCSL's auspices. Taylor's trial started on 4 June 2007, with the first witness appearing 7 January 2008. The prosecution rested its case on 27 February 2009, and the defense began their case on 13 July and rested on 12 November 2010. The Trial Chamber II scheduled the announcement of its verdict on 26 April 2012 The verdict was read starting at 11:00 by

13298-434: The use of armed force. Because of this generality, the rules can be studied independently of the primary rules of obligation. They establish (1) the conditions of actions to qualify as internationally wrongful, (2) the circumstances under which actions of officials , private individuals and other entities may be attributed to the state, (3) general defences to liability and (4) the consequences of liability. Until recently,

13420-467: The use of force, bombardment , and military blockade of ports. Aggression is generally a leadership crime that can be committed only by those with the power to shape a state's policy of aggression, rather than those who carry it out. The philosophical basis for the wrongness of aggression is found in just war theory , in which waging a war without a just cause for self-defense is unjust. The International Military Tribunal ruled in 1946 that aggression

13542-513: The victims participating in the proceedings. The Chamber also called four experts and a total of 129 victims, represented by two teams of legal representatives and the Office of Public Counsel for Victims. Trial Chamber I unanimously found Lubanga guilty as a co-perpetrator of the war crimes of conscripting and enlisting children under the age of 15 and using them to participate actively in hostilities from 1 September 2002 to 13 August 2003. The International Criminal Tribunal for Rwanda ( ICTR ), or

13664-591: Was "the supreme international crime" because "it contains within itself the accumulated evil of the whole". The prosecution of severe international crimes—including genocide, crimes against humanity, and war crimes—is necessary to enforce international criminal law and deliver justice to victims. This is an important component of transitional justice , or the process of transforming societies into rights-respecting democracies and addressing past human rights violations. Investigations and trials of leaders who have committed crimes and caused mass political or military atrocities

13786-514: Was English. The court listed offices in Freetown , The Hague , and New York City . Following its dissolution in 2013, it was replaced by the Residual Special Court for Sierra Leone in order to complete its mandate and manage a variety of ongoing and ad-hoc functions, including witness protection and support, supervision of prison sentences and claims for compensation. On 26 April 2012, former Liberian President Charles Taylor became

13908-400: Was a shadow that loomed across the region". Christine Cheng of Exeter College, Oxford pointed to the politicisation of the trial and the degree to which the trial has been funded by Western states, though she added that the conclusion of Taylor's trial represented a "milestone for the pursuit of international justice." The prosecutor Brenda J. Hollis reacted to the verdict in saying: Today

14030-400: Was accused of disclosing the identities of protected witnesses. The Court ultimately found him not guilty. In October 2012, a seventh defendant, Prince Taylor, was charged with nine counts of contempt of court for witness tampering and interference with the administration of justice. In October 2013, an Appeals Chamber panel overturned his initial conviction in a 2–1 ruling. On 20 June 2007,

14152-589: Was arrested at the Cameroon border. Taylor was extradited to the SCSL following a request to this effect by the Liberian government. He was then immediately turned over to the SCSL. Because Taylor still enjoyed considerable support in Liberia, President Ellen Johnson-Sirleaf requested the trial to be moved to The Hague. The Dutch government called for United Nations Security Council Resolution 1688 to take him but also requested

14274-510: Was arrested on 20 July 2011. The ICTY's final judgment was issued on 29 November 2017 and the institution formally ceased to exist on 31 December 2017. Residual functions of the ICTY, including oversight of sentences and consideration of any appeal proceedings initiated since 1 July 2013, are under the jurisdiction of a successor body, the International Residual Mechanism for Criminal Tribunals (IRMCT). The Council of Europe ,

14396-644: Was established for Japanese war crimes (the International Military Tribunal for the Far East ). It operated from 1946 to 1948. After the beginning of the war in Bosnia , the United Nations Security Council established the International Criminal Tribunal for the Former Yugoslavia (ICTY) in 1993 and, after the genocide in Rwanda , the International Criminal Tribunal for Rwanda in 1994. The International Law Commission had commenced preparatory work for

14518-636: Was otherwise insufficient. It also has some implications concerning asset seizures, reparations and other payments for damages caused by violations of international law, but does not impose criminal responsibility on organizations in their capacity as organizations. Under Article 9, the SS and several Nazi other organizations were criminalized, including the Leadership Corps of the Nazi Party . Human rights standards have been applied to these groups in some cases, as

14640-548: Was revived in the 1990s to address the war crimes in the Yugoslav Wars and the Rwandan genocide , leading to the establishment of a permanent International Criminal Court in 2001. International criminal law is best understood as an attempt by the international community to address the most grievous atrocities. It has not been an ideal instrument to make the fine and nuanced distinctions typical of national law, for these shift focus from those large scale atrocities that "shock

14762-506: Was sentenced to a term of 50 years in prison. The Special Court for Sierra Leone Monitoring Reports is a collection of reports of court proceedings written and researched by trial monitors from the University of California, Berkeley 's War Crimes Studies Center stationed at the special court. The reports are available on-line through the Center's website. The monitors issued weekly reports on

14884-432: Was superior to any court of Sierra Leone and could take precedence in cases of possible conflicting jurisdiction. Previous amnesties contrary to the remit of the court would be invalid. All sentences should be carried out within Sierra Leone, unless there was no capacity to deal with the accused, at which point any states pursuant to the International Criminal Tribunal for Rwanda or the International Criminal Tribunal for

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