LECTURE 14 – Intro to ICL (Principles and Foundations)
ICL is from person to person.
ICL is a branch of PIL, sources stem the same.
Article 38 of the ICJ statute: sources are international conventions, international
custom, general principles of the law and judicial decisions and teachings.
1st attempt to constitute criminal responsibility: World War 1 (who is responsible for
outbreak, central powers, where there breaches of IHL)
1st International Criminal Courts: Nuremberg and Tokyo tribunals. – principle of
individual criminal responsibility was established.
50 years after Nuremberg and Tokyo and ICTY trials: the Gestation period in which
persons were still prosecuted (Adolf Eichmann and Klaus Barbie).
ICC Court: is a treaty based on their own ICC statute.
LECTURE 15 – Jurisdiction and Admissibility of ICL
Jurisdiction: power of an entity to regulate person/property.
Admissibility: reasons of judicial propriety on the basis of which a court should not
decide a case.
Types of jurisdictions
Prescriptive jurisdiction = NOT territorially limited.
The capacity to make law, whether by legislative, executive or judicial action.
Enforcement jurisdiction = territorially limited.
Power to investigate, arrest, prosecute or punish against persons within territory breaching
law.
Adjudicative jurisdiction
Power of a court to hear a case referred to them.
Connecting links
Territory
Ubiquity: both states have jurisdiction over case
Subjective: state where t he crime took place.
Objective: state where crime was completed.
Nationality
The nationality principle permits a country to exercise criminal jurisdiction over any of its
nationals accused of criminal offenses in another state.
Passive and active personality
Passive: trial foreign national affecting its own citizens.
ICL is from person to person.
ICL is a branch of PIL, sources stem the same.
Article 38 of the ICJ statute: sources are international conventions, international
custom, general principles of the law and judicial decisions and teachings.
1st attempt to constitute criminal responsibility: World War 1 (who is responsible for
outbreak, central powers, where there breaches of IHL)
1st International Criminal Courts: Nuremberg and Tokyo tribunals. – principle of
individual criminal responsibility was established.
50 years after Nuremberg and Tokyo and ICTY trials: the Gestation period in which
persons were still prosecuted (Adolf Eichmann and Klaus Barbie).
ICC Court: is a treaty based on their own ICC statute.
LECTURE 15 – Jurisdiction and Admissibility of ICL
Jurisdiction: power of an entity to regulate person/property.
Admissibility: reasons of judicial propriety on the basis of which a court should not
decide a case.
Types of jurisdictions
Prescriptive jurisdiction = NOT territorially limited.
The capacity to make law, whether by legislative, executive or judicial action.
Enforcement jurisdiction = territorially limited.
Power to investigate, arrest, prosecute or punish against persons within territory breaching
law.
Adjudicative jurisdiction
Power of a court to hear a case referred to them.
Connecting links
Territory
Ubiquity: both states have jurisdiction over case
Subjective: state where t he crime took place.
Objective: state where crime was completed.
Nationality
The nationality principle permits a country to exercise criminal jurisdiction over any of its
nationals accused of criminal offenses in another state.
Passive and active personality
Passive: trial foreign national affecting its own citizens.
