ULUSLARARASI KAMU HUKUKU I

Crimes against humanity is defined as inhuman treatment (murder or persecution) on racial or religious grounds during war and in occupied territories..

War crimes, i.e., crimes under the laws o war, which included violation of customary and conventional rules and regulations relating to warfare

actus reus (guilty act): action or conduct which is
a constituent element of a crime, as opposed to
the mental state of the accused.

Mens rea: the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.

Ne bis in idem: The old Roman law principle, retained in European law, stating the right not to be prosecuted or tried twice for the same criminal conduct.

nullum crimen sine lege (no crime without law), i.e., a person shall not be criminally responsible unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court;

Non-retroactivity ratione personae, i.e., no person shall be criminally responsible under the Statute for conduct prior to the entry into force of the Statute.

The principle of complementarity means that the Court will only prosecute an individual if states are unwilling or unable to prosecute.

An “act of aggression” has been defined as “the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations”.

Article 8bis defines the crime of aggression as “the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations”.

Actus reus refers to the action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused.

Extraordinary Chambers in the Courts of Cambodia investigated the crimes of the Red Khmer era.

The panel of judges consisted of representatives from the Soviet Union, the United States, the United Kingdom, and France.

The Charter of these tribunals had four counts

  Crimes against peace, i.e., beginning a war of aggression by planning, preparation or initiation, or in violation of treaties, such as the Hague Conventions of 1899, 1907, the Treaty of Versailles, violation of Mutual Non-aggression Pact by Germany with

  War crimes, i.e., crimes under the laws of war, which included violation of customary and conventional rules and regulations relating to warfare.

Crimes against humanity, i.e., inhuman treatment (murder or persecution) on racial or religious grounds during war and in occupied territories.

In November 1994, the Security Council, acting under Chapter VII of the UN Charter, established the International Criminal Tribunal for Rwanda

The Cold War conditions made the establishment of an international criminal court politically unrealistic.

An “act of aggression” has been defined as “the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations” (Art. 8bis (2))

According to Article 31 of the Statute, person shall not be criminally responsible if, at the time of that person’s conduct)

Nullum crimen sine lege (no crime without law), i.e., a person shall not be criminally responsible unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court.

In September 2006, the General Assembly also adopted a “Global Counter-Terrorism Strategy.” The Strategy holds a special significance, because it is for the first time that all members of the United Nations had agreed to a common strategic and operational framework to fight terrorism.