Why Is International Criminal Law Important

Under French law, a civil action can be combined with a criminal action before a criminal court. The liability of legal persons is enshrined in article 121-2 of the new Criminal Code, which provides that legal persons shall be held liable in cases determined by the legislator, and article 213-3 provides that legal persons may be held criminally liable for all crimes against humanity. The International Criminal Court, established in 2002, seeks to bring to justice those responsible for some of the world`s worst crimes. Supporters of the so-called court deter potential war criminals, strengthen the rule of law and bring justice to victims of atrocities. But since its creation, the Court has suffered significant setbacks. It has not been able to win the support of major powers such as the United States, China and Russia. Two countries have withdrawn from the court, and many African governments complain that the court has targeted Africa. More recently, Donald J. Trump`s administration has increased the U.S. government. Opposition to the ICC, thus reviving the debate on the legitimacy of the Court. It is short-sighted on the part of the Trump administration to undermine support for the ICC`s important work, as the court played an important role in advancing the interests that paved the way for the United States after World War II, and there are many ways for America to support the court without formally becoming a party. Therefore, the Trump administration should pursue a policy of “positive engagement” with the court (an approach developed by former legal counsel Harold Koh) that has allowed the US to participate as an “observer” in the ICC`s Assembly of States Parties to ensure that US interests are met.

The court has jurisdiction over four categories of crimes under international law: ICC expert former ambassador David Sheffer crystallizes this moment perfectly by stating: “John Bolton`s speech. seriously undermines our leadership in bringing perpetrators of atrocities to justice elsewhere in the world, and the double standards outlined in his speech are likely to suit authoritarian regimes that resist accountability for atrocities and ignore international efforts to promote the rule of law. A rule of legal interpretation is that, unless otherwise intended, the word “person” includes any incorporated or unregistered corporation. Thus, once the principle of liability of legal persons is accepted for the legal form, the company can be charged with any international crime, regardless of where it was committed in the same way as a natural person. The jurisprudence of international criminal tribunals has contributed significantly to clarifying many issues of international humanitarian law. For example, the Tadic decision of the International Criminal Tribunal for the Former Yugoslavia consolidated the criteria according to which a situation can be characterized as a non-international armed conflict. “When trying an individual member of a group of organizations, the Court may declare (for any act for which the person may be convicted) that the group or organization to which the person belonged was a criminal organization.” The International Criminal Tribunal for Rwanda (ICTR) is an international tribunal established by the United Nations Security Council in November 1994 in Resolution 955 to convict persons responsible for genocide in Rwanda and other serious violations of international law in Rwanda, or against Rwandan citizens in neighbouring states. between 1. January and 31 December 1994. [37] The Geneva Conventions and Additional Protocol I stipulate that certain violations of international humanitarian law must be considered “serious breaches” and must be prosecuted by High Contracting Parties on the basis of the principle of universal jurisdiction. Other serious violations of IHL are established by customary international law and international criminal treaties. These serious violations of international humanitarian law, as well as serious violations, constitute war crimes.

International criminal law is a subset of international law. As such, its sources are the same as those encompassing international law. The classic list of these sources can be found in art. 38 para. 1 of the Statute of the International Court of Justice of 1946 and includes: treaties, customary international law, general principles of law (and, in the alternative, judicial decisions and the most nuanced doctrine). The Rome Statute of the International Criminal Court contains a set of similar, but not identical, sources on which the Tribunal can rely. As then-UN Secretary-General Kofi Annan explained in 2004, the ICC made a strong impression by “alerting potential perpetrators of violations that impunity is not guaranteed […]”. 8 When tensions arise, a public announcement that the ICC is monitoring the situation can be an effective way to warn potential perpetrators that they may be held accountable for their actions.