International Criminal Court ZS 2010-11

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International Law and Courts Office Number: 304 Metropolitní univerzita Praha, o.p.s.Dubečská 900/10100 31 Praha 10 - StrašniceCourse time: Tuesday Winter Semestr 2010/11, 11.40 – 13.10, Dubečská, No. 109Office hours: Please contact me by appointment, on Tuesday, on Thursday Jarov.

Mgr. Ilona KostadinovováKontakt: ilda@seznam.czWeb: http://akilda.webnode.cz/

Session Breakdown:

Week 2) International Criminal Court (ICC)An important and relevant theory to this course concerns the history of the court and the role of this court and the basic principles of the proceedings under the court.

Focus on the deeper and practical explanation of the role of this court.

This lesson looks at some cases

This Week´s Readings:Rome Statute of the International Criminal Court, 84/2009 Coll. This lesson looks at some cases http://www.icc-cpi.int/

History:

Some precedents in international criminal law can be found in the time before the First World War. Discussions already beforee the world war II.

However, it was only after the war that a truly international criminal tribunal was envisaged to try perpetrators of crimes committed in this period.

Thus, the Treaty of Versailles stated that an international tribunal was to be set up to try Kaiser Wilhelm II of Germany. In the event however, the Kaiser was granted asylum in the Netherlands.

Agreement against terrorism (1937) – only India, no effect

After the Second World War, the Allied powers set up an international tribunal to try not only war crimes, but crimes against humanity committed under the Nazi regime.

The Nuremberg Tribunal held its first session on 20 November 1945 and pronounced judgments on 30 September / 1 October 1946.

A similar tribunal was established for Japanese war crimes (The International Military Tribunal for the Far East). It operated from 1946 to 1948.

After the beginning of the war in Bosnia, the United Nations Security Council established the International Criminal Tribunal for the Former Yugoslavia (ICTY) in 1993 and, after the genocide in Rwanda, the International Criminal Tribunal for Rwanda in 1994.

The International Law Commission had commenced preparatory work for the establishment of a permanent International Criminal Court in 1993; in 1998, at a Diplomatic Conference in Rome, the Rome Statute establishing the ICC was signed. The ICC issued its first arrest warrants in 2005.

Ad hoc courts:●Norimberk (1945) - Nuremberg Military Tribunals – NMTs

● Tokio (1946) - International Military Tribunal for the Far East

● Yugoslavia (1993) - International Criminal Tribunal for the former Yugoslavia, ICTY

● Rwanda (1994) - International Criminal Tribunal for Rwanda (ICTR)

-More information my word document or http://cs.wikipedia.org/● Sierra Leone ● its possible also in the future – United Nations Security Council, http://www.un.org/Docs/sc/

International Criminal Court - permanent

- 17. 07. 1998 – Italy, RomeRome Statute of the International Criminal Court-120:7- 60 ratifications – 11. 04. 2002 - 100 ratifications - 1. 01. 2006 -01. 07. 2002 in power, all crimes after this date can be followed at the court-http://www.icc-cpi.int/Menus/ASP/states+parties/

-Czech Republic – 13. 04. 1999 signed, ratification by Parliament 2008, president signed 8. 07. 2009

-Act Number 84/2009 - Article 1 The Court -A permanent institution – the seat of the Court at The Hague in the Netherlands- Shall have the power to exercise its jurisdiction over persons for the most serious of international concern, as referred to in the Statute- shall be complementary to national criminal jurisdictions

Criminal Law – Czech and international

Constitution – Act N. 1/1993-Article Number 80 – state prosecutor in criminal cases-Article Number 90 – only court can decide about fault and panels for crimes

-Criminal Code – Act N. 40/2009 - § 400 – genocidium

- Rome Statute (the same principles) :Basic principals:● Ne bis in idem – Art. 20● Nullum crimen sine lege – Art. 22● Nulla poena sine lege – Art. 23 ● Non-retroactivity ratione personae – Art. 24● Individual criminal responsibility – natural persons, Art. 25 – 18 years old X Czech law 15

Investigation and prosecution

Art. 53 - 54 of Rome Statute

Rights of persons during an investigation, Art. 55 of Rome Statute

The trial – continue in the week 10

Ilona Kostadinovováilda@seznam.cz

http://akilda.webnode.cz/

Thank you for your attention. I wish you a beautiful rest of the day.

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