INTERNATIONAL CRIMINAL LAW

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INTERNATIONAL CRIMINAL LAW
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COURSE STRUCTURE

• I. GENERAL PRINCIPLES OF INTERNATIONAL CRIMINAL
  LAW
• II. SPECIFIC APPLICATIONS
• III. INTERNATIONAL CRIMINAL LAW PROCEDURE
• IV. INTERNATIONAL CRIMES AND INTERNATIONAL
  TRIBUNALS

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WHAT IS INTERNATIONAL CRIMINAL LAW?
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TWO LEVELS OF INTERNATIONAL CRIMINAL LAW

• INTERNATIONAL CRIMINAL COURT AND INTERNATIONAL
  CRIMINAL TRIBUNALS
• TRANSNATIONAL AND INTERNATIONAL CRIMES PROSECUTED
  NATIONALLY

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TRANSNATIONAL CRIMES

• EXAMPLES
• COMPUTER CRIMES
• DRUG CRIMES
• TERRORISM
• MONEY LAUNDERING

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GENERAL PRINCIPLES OF INTERNATIONAL CRIMINAL LAW
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KEY TERMS IN INTERNATIONAL CRIMINAL LAW
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COMITY
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COMPLEMENTARITY
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ERGA OMNES
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JUS COGENS
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ERGA OMNES

• OBLIGATION TO ENFORCE JUS COGENS NORMS

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EXTRATERRITORIALITY
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NE BIS IN IDEM
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SOURCES OF INTERNATIONAL CRIMINAL LAW
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RESTATEMENT (THIRD) OF THE FOREIGN RELATIONS LAW
OF THE UNITED STATES

• CUSTOMARY LAW
• INTERNATIONAL AGREEMENT
• FROM GENERAL PRINCIPLES COMMON TO THE MAJOR LEGAL
  SYSTEMS OF THE WORLD

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THE STATUTE OF THE INTERNATIONAL COURT OF JUSTICE

• ARTICLE 38
• The Court, whose function is to decide in
  accordance with international law such disputes
  as are submitted to it, shall apply
• (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) subject to the provisions of Article 59,
  judicial decisions and the teachings of the most
  highly qualified publicists of the various
  nations, as subsidiary means for the
  determination of the rules of law.

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The Paquete Habana

• where there is no treaty, and no controlling
  executive or legislative act or judicial
  decision, resort must be had to the customs and
  usages of civilized nations and, as evidence of
  these, to the works of jurists and commentators,
  who by years of labor, research and experience,
  have made themselves peculiarly well acquainted
  with the subjects of which they treat. Such
  works are resorted to by judicial tribunals, not
  for the speculations of their authors concerning
  what the law ought to be, but for trustworthy
  evidence of what the law really is.

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• THE CASE OF THE S.S.LOTUS
• (FRANCE v. TURKEY)

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BOWMAN CASE
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SOME FACTORS TO CONSIDER

• 1922 DECISION
• CONSPIRACY TO DEFRAUD
• ACT OCCURS OUTSIDE THE UNITED STATES

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IS CRIMINAL JURISDICTION DIFFERENT?
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WHEN DO YOU HAVE EXTRATERRITORALITY?
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• CRIMINAL AND CIVIL LAW ARE NOT THE SAME WITH
  RESPECT TO JURISDICTION

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KEY QUESTIONS

• WHAT DID CONGRESS INTEND?
• DID CONGRESS INTEND EXTRATERRITORIALITY?