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Law; ICC.doc

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Political Science
Political Science 3201F/G
Dan Bousfield

THE ICC • International criminality - aggregate of states power? - cases exhausted domestically first • • Post Cold War Framework • - emerging ethnic conflict, nationalist struggles - from ad hoc framework to institutional one • • - progress for individuals not having a say at the international level • Atrocities 1474 - Peter Von Hagenbach - knight's duty to the law 'command responsibility' • • Hague Conventions 1899, 1907 • - respect family honor and rights, lives of persons and property as well as religious convictions and practices • - laws of civilized peoples (not versus barbarians) • - - jus ad bellum (right to war) versus Jus in Bello (wartime conduct) • SLIPPERY SLOPE • 1913 investigation of war crimes • - ww1 investigations, no prosecutions • - special tribunals for german emperor • - danger of ex post facto justice • Versailles Treaty • - military tribunals for war criminals • - too much like disciplinary proceedings • - Leipzig Trials - murder of survivors, scope of orders • Treaty of Sevres 0 Turk 1920 • - not ratified, not undertaken • NUREMBERG • 1943 Allies intent to prosecute for war crimes • - based on league treaty and unofficial body • - crimes against peace, war crimes and crimes against humanity • Central Debate • - hague 1928 pact of crimes against peace • - principle of justice - leave unpunished is worse • INTERNATIONAL LAW COMMISSION • Nuremberg Principles 1950 • code of crimes against the peace and security of mankind • - adopted in 1996 • - aggression a major issue • - -definition of crimes based on national frameworks, but without a clear international jurisdiction - trinidad and tobago wants drug traffickers included • • - draft of Code was central in ICTY • THE SC AND ICC • role of the SC increasingly important in genocide and crimes against humanity after Cold War • AD HOC TRIBUNALS talk of Saddam in 1991 • • ad hoc to deal with Yugoslavia • 1994 Rwanda - modeled after Yugoslavia, purely internal armed conflict similar statutes and similar processes - economy of scale and experience • with SC • ENFORCEMENT • if SC refers applies to al UN member states • - SC can also use chapter 7 t
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