Elements of War Crimes under the Rome Statute of the International Criminal Court

2003 ◽  
Author(s):  
Knut Dörmann ◽  
Louise Doswald-Beck ◽  
Robert Kolb
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court

scholarly journals Encroachment on Cultural Values in the Occupied Territories of Ukraine in the Context of International Crimes

2020 ◽  
pp. 313-319
Author(s):  
Nataliia PLYSIUK ◽  
Anna GOLUB
Keyword(s):  
Cultural Values ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Code ◽  
Criminal Court ◽  
Cultural Property ◽  
Crimean Peninsula ◽  
Occupied Territories

The article examines the essence and nature of war crimes through the prism of encroachments on cultural property in the context of the conflict in eastern Ukraine and illegal actions on the Crimean peninsula. The state of protection of cultural property in the occupied territories, the main problems of prosecution for export, damage, destruction of cultural property in the conditions of military conflict are considered. It is analyzed that the issue of protection of cultural values is currently on the table, but Ukrainian domestic science does not contain research on the process of bringing perpetrators to justice. The article highlights the main decisions of the International Criminal Court in cases of encroachment on cultural property during the armed conflict, the decisions of tribunals, analyzes their main aspects that may be useful for Ukraine. It is established that the case law of tribunals and the International Criminal Court is heterogeneous; there is no established and clearly defined list of criteria for determining the grounds for bringing perpetrators to justice, the degree and form of their guilt. There is a heterogeneous understanding of the object of the encroachment and the form of guilt, which can lead to the impossibility of bringing the perpetrators to justice. From the analysis of the essence of war crimes, it was concluded that the relevant acts may be qualified under Article 438 of the Criminal Code of Ukraine, as well as Article 8 of the Rome Statute of the International Criminal Court as war crimes. The composition of a war crime under the Rome Statute has also been studied, and possible obstacles to Ukraine’s future trials within the framework of the International Criminal Court have been outlined. The situation with the Bakhchisaray Palace in Crimea is highlighted as an object on which trilateral negotiations have already been initiated, which has the prospect of filing lawsuits in international courts. At present, Ukraine’s actions are aimed only at condemning the international community against the enemy for his illegal actions with cultural property, but the issue of initiating legal proceedings remains open.

scholarly journals Prosecutor v. Omar Hassan Ahmad Al-Bashir, Judgment in the Jordan Referral re Al-Bashir Appeal

2020 ◽  
Vol 114 (1) ◽  
pp. 103-109
Author(s):  
Angela Mudukuti
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Arrest Warrant ◽  
Head Of State

In 2009, the International Criminal Court (ICC) stepped into uncharted waters as it issued its first arrest warrant for a sitting head of state, then President of Sudan Omar Al-Bashir. Following the UN Security Council's referral of the situation in the Darfur region of Sudan to the ICC, Al-Bashir was charged by the Court with war crimes and crimes against humanity, and in 2010, he was also charged with genocide. As a consequence, all of the states parties to the Rome Statute had a duty to arrest Al-Bashir. Several states have nonetheless failed to arrest him during country visits, allowing Al-Bashir to evade the ICC. This has given rise to a number of cases before the ICC Chambers, including this Appeals Chamber judgment regarding the Hashemite Kingdom of Jordan.

War Crimes in International Versus Non-International Armed Conflicts: "New Wine in Old Wineskins"?

2008 ◽  
Vol 8 (1-2) ◽  
pp. 319-329 ◽  
Author(s):  
Gauthier de Beco
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
International Criminal Tribunal ◽  
War Crimes ◽  
Trial Chamber ◽  
Criminal Court ◽  
Armed Conflicts ◽  
International Humanitarian Law ◽  
Humanitarian Law

AbstractThis note discusses the distinction between international and non-international armed conflicts in the prosecution of war crimes before the International Criminal Court. It analyses the international humanitarian law applicable to both kinds of conflict, and the way in which the International Criminal Tribunal for the former Yugoslavia succeeded in prosecuting war crimes committed in non-international armed conflicts. It also studies the two war crimes regimes provided for in the Rome Statute of the International Criminal Court. The note then examines how Pre-Trial Chamber I dealt with this issue in its Decision on the confirmation of charges against Thomas Lubanga Dyilo and the problems it faced in doing so. It concludes with a plea for the abolition of the distinction between international and non-international armed conflicts with respect to war crimes in the Rome Statute of the International Criminal Court.

scholarly journals ON THE QUESTION OF THE RELATIONSHIP OF WAR AND MILITARY CRIMES IN INTERNATIONAL AND NATIONAL LAW

2021 ◽  
pp. 220-228
Author(s):  
T. S. Sadova
Keyword(s):  
International Criminal Court ◽  
Military Service ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Code ◽  
Criminal Court ◽  
Humanitarian Law ◽  
Relationship Of ◽  
The Relationship

The article is devoted to the study of military (crimes against the established order of military service) and war crimes. Particular attention is paid to the concept and features of these phenomena. The sources of both international and national law were also considered for the comparative characteristics of military and war crimes in order to understand their meaning and avoid the shift of these concepts. We have explored various aspects of the concept of war crimes. They are violations of the laws and customs of war. War crimes are serious violations of international law. They are violations of the Geneva Conventions of August 12, 1949. There is a list of war crimes in the Rome Statute of the International Criminal Court. This list is contained in Аrt. 8. The list of war crimes is contained in Art. 18 of the Draft Code of Crimes against the Peace and Security of Humanity too. International jurisprudence shows that there is a special subject of war crimes. The author of the article studied the draft Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine on the Application of International Criminal and Humanitarian Law”. This bill proposes to exclude certain articles on military crimes and to introduce new articles on war crimes into the Criminal Code of Ukraine. The new war crimes articles contain a list of war crimes. This list is substantially similar to the list of war crimes contained in the Rome Statute of the International Criminal Court. The concept of war and military crimes is given. The main differences between military and military crimes are revealed. Identical signs of war and military crimes have been studied. As a result, the author of the article has made a conclusion about the relationship between war and military crimes under international and national law.

Chemical Weapons and the International Criminal Court

2014 ◽  
Vol 108 (3) ◽  
pp. 436-448 ◽  
Author(s):  
Andreas Zimmermann ◽  
Meltem Şener
Keyword(s):  
Subject Matter ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Armed Conflicts ◽  
Chemical Weapons

When the contracting parties to the Rome Statute establishing the International Criminal Court met in Kampala in 2010 to discuss possible amendments to the statute, the main focus was, and has thereafter remained, on the crime of aggression. In addition to amending the statute to include the crime of aggression, however, the contracting parties amended Article 8 of the statute to include a broader range of war crimes in noninternational armed conflicts over which the ICC can have jurisdiction—inter alia, by including the use of chemical weapons. Although the latter amendment received much less attention from both the Kampala drafters and outside observers than the former, it is the use of chemical weapons that has come most quickly into play in world events. In particular, the use of chemical weapons by Syrian government forces in 2013 (and perhaps subsequently) has acutely raised questions concerning the extent of the ICC’s treaty-based jurisdiction, both under the unamended text of the Rome Statute or in situations where the amendment to Article 8 applies. These events have also provoked consideration concerning the Security Council’s legal powers to extend the ICC’s jurisdiction to certain crimes involving chemical weapons that would otherwise be beyond its subject matter jurisdiction. These questions are considered in this Note.

Some Comments on the Elements of Crimes for the Crimes of the ICC Statute

2000 ◽  
Vol 3 ◽  
pp. 273-288
Author(s):  
Herman von Hebel ◽  
Maria Kelt
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Time Limit ◽  
Crimes Against Humanity ◽  
Limit Set

On 30 June 2000, the Preparatory Commission for the International Criminal Court (ICC) adopted by consensus the draft Elements of Crimes for the crimes of genocide, crimes against humanity and war crimes, as defined in Articles 6, 7 and 8 of the Rome Statute of the International Criminal Court (the Statute). Herewith, the Preparatory Commission fulfilled its mandate to elaborate such elements in accordance with the time-limit set out in resolution F of the Final Act, adopted by the Rome Conference on 17 July 1988.

Prosecutor v. Callixte Mbarushimana: Judgment on the Appeal of the Prosecutor Against the Decision of Pre-Trial Chamber I of 16 December 2011 Entitled “Decision on the Confirmation of Charges” (Int'l Crim. Ct.)

2013 ◽  
Vol 52 (2) ◽  
pp. 417-439 ◽  
Author(s):  
Ruth Frolich
Keyword(s):  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Democratic Republic ◽  
War Crimes ◽  
Trial Chamber ◽  
Criminal Court ◽  
Crimes Against Humanity ◽  
Republic Of The Congo

On May 30, 2012, the Appeals Chamber (Chamber) of the International Criminal Court (ICC) voted unanimously to dismiss the appeal of the Prosecution against the decision of the Pre-Trial Chamber not to confirm the charges against the alleged Congolese warlord Callixte Mbarushimana. The Prosecution had alleged Mbarushimana was criminally responsible under Article 25(3)(d) of the Rome Statute (Statute) for crimes against humanity and war crimes committed by members of the Forces Démocratiques de Libération du Rwanda (FDLR) in the Kivu provinces of the Democratic Republic of the Congo. The Prosecution had appealed the Pre-Trial Chamber’s decision on three separate issues, all of which were rejected.

scholarly journals Violations of the laws or customs of war under military law: comparative analysis of international and internal legislation of Ukraine

2021 ◽  
pp. 8-18
Author(s):  
Oksana Cherviakova ◽  
Vladyslav Mekheda
Keyword(s):  
Comparative Analysis ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
War Crimes ◽  
Criminal Court ◽  
Legal Order ◽  
The Core ◽  
International Legal Order ◽  
Military Law

This paper addresses the question of the criminalization of war crimes, which are compared at the international and internal legislative level under military law. Considering current threats to the international legal order and security system, justice and defence sector actors, military lawyers and research fellows in military law are faced with the problems of the concept of responsibility for the most serious crimes in the world. The adoption of the Rome Statute of the International Criminal Court in 1998 raises the question of the internal legislation validity. The states Parties to International Criminal Court should revise the established conceptual approaches of responsibility for war crimes. The comparative analysis was made of the core and international military law.

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