Universal Jurisdiction and the ICC

1
Universal Jurisdiction and the ICC
2
The Evolution of International Norms and
Institutions

• Nuremberg Trials
• Crimes against humanity crimes committed against
  civilian (murder, extermination, enslavement,
  deportation, etc.)
• War crimes violations of the laws or customs of
  war (murder or ill treatment of civilians,
  prisoners of war, hostageswanton destruction of
  cities, towns or villages, or devastation not
  justified by military necessity)
• Convention on the Prevention and Punishment of
  the Crime of Genocide (1948)
• Genocide acts committed with intent to destroy,
  in whole or in part, a national, ethical, racial
  or religious group
• Geneva Conventions (1949)
• Protect civilians, non-military staff, wounded,
  prisoners of war

3
Universal Jurisdiction and Domestic Courts

• Countries adopt laws that allow prosecution in
  their courts citizens of other countries for
  universal crimes
• (Note the principal is different from the New
  York District Court case of the Ogoni people
  against Shell)

4
Universal Jurisdiction the Pinochet Case

• Augusto Pinochet
• In power 1973-1990
• 1998 Spanish judge issues a warrant for his
  arrest in UK and deportation to Spain.
• UK sends Pinochet to Chile
• Chile opens a case against him

5
International Crimes Tribunal for Former
Yugoslavia (ICTY)

• Established in 1993 with Security Council
  decision
• Prosecutes war crimes committed in Croatia,
  Bosnia and Herzgovina, Kosovo

6
International Criminal Tribunal for Rwanda

• Established in 1994
• Arusha, Tanzania
• 26 being prosecuted, 17 awaiting trial

7

• The International Criminal Court
• To Be or Not to Be?