国际法Chapter 12.ppt

CHATPER 12INTERNATIONAL CRIMINAL LAW 12.1 WHAT IS INTERNATIONAL CRIMINAL LAW? A. Has been referred to as a product of “the convergence of two disciplines: 1. the penal aspects of international law and 2. the international aspects of national criminal law.” B. Fairly loose and broad term, but used in this chapter to refer to the body of norms dealing with “international crimes”. C. Has gained enormous momentum over the past fifteen years, in no small measure because of the Tribunals for the former Yugoslavia and Rwanda and the International Criminal Court. 12.2 DEVELOPMENT OF INTERNATIONAL CRIMINAL LAW 12.2.1 Background A. Usually begins with the treatment of piracy. B. Develops with the treatment of slave trade. C. Extend to conduct of armed conflict following World War II. 12.2.2 Individual Responsibility after World War II A. At the end of the Second World War, an International Military Tribunal was established by the London Agreement among the four Allied powers (US, France, UK, USSR). B. Purpose: to try “war criminals whose offenses have no particular geographical location whether they be accused individually or in their capacity as members of organizations or groups or in both capacities”. C. Original indictment presented to the Tribunal on October 5, 1945; charged German defendants under Article VI of the Charter of the International Military Tribunal with committing “crimes against the peace, war crimes and crimes against humanity.” 1. Crimes against peace: war of aggression or in violation of international treaties 2. War crimes: violation of the laws or customs of war 3. Crimes against humanity: inhumane acts against civilian populations or persecutions on political, racial or religious grounds. D. While Nuremberg was criticized by some as representing “victor’s justice”, it is taken to have confirmed the principle that individuals have obligations under international law and can in fact be held accountable for crimes against inte