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Universal Jurisdiction and the ICC

Universal Jurisdiction and the ICC. The Evolution of International Norms and Institutions. Nuremberg Trials: Crimes against humanity : crimes committed against civilian (murder, extermination, enslavement, deportation, etc.)

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Universal Jurisdiction and the ICC

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  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, hostages…wanton 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?

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