International Criminal Courts and thier legal basises

Jurisdicion and imunities

International Courts and imunities

• ICTY
  
  • Article 7
    Individual criminal responsibility
    
    2. The official position of any accused person, whether as Head of State or Government or as a responsible Government official, shall not relieve such person of criminal responsibility nor mitigate punishment.
    
• ICTR
  

  • Article 6: Individual Criminal Responsibility
    

     

    2. The official position of any accused person, whether as Head of state or government or as a responsible government official, shall not relieve such person of criminal responsibility nor mitigate punishment.

• ICC
  • Article 27
    Irrelevance of official capacity

    1. This Statute shall apply equally to all persons without any distinction based on official capacity. In particular, official capacity as a Head of State or Government, a member of a Government or parliament, an elected representative or a government official shall in no case exempt a person from criminal responsibility under this Statute, nor shall it, in and of itself, constitute a ground for reduction of sentence.
    2. Immunities or special procedural rules which may attach to the official capacity of a person, whether under national or international law, shall not bar the Court from exercising its jurisdiction over such a person.

• SCSL
  
  • Article 6
    Individual criminal responsibility
    

     

    2. The official position of any accused persons, whether as Head of State or Government or as a responsible government official, shall not relieve such person of criminal responsibility nor mitigate punishment.

Arrest Warrant of 11 April 2000 (Democratic Republic of the Congo v. Belgium)

Pinochet cases

Lectures from UN Audiovisual Library

The Evolution of International Criminal Law - A Personal Account	Mr. Benjamin B. Ferencz
Participation of Victims at the International Criminal Court	Judge Sang Hyun Song
The International Criminal Court at a Glance	Judge Sang Hyun Song
The Future of International Criminal Justice	Justice Richard Goldstone
Reflections on the Prosecution of War Crimes by International Tribunals: A Historical Perspective	Judge Theodor Meron
Justice Pénale Internationale: Progrès et Défis	Mr. Nicolas Michel
The Legal Challenges Facing the International Criminal Tribunal for the former Yugoslavia	Judge Fausto Pocar
Fairness and Efficiency in the Proceedings of the International Criminal Tribunal for the former Yugoslavia	President Patrick Robinson
Perspectives on Post-conflict Justice	Mr. M. Cherif Bassiouni
Introduction to Transitional Justice	Mr. Paul van Zyl
Maintaining Control of War Crimes Trials	Mr. Michael Scharf
The Administrative Challenges to be Faced in Setting Up an International War Crimes Court and the Lessons Learned	Mr. Robin Vincent