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More thorough than the International Criminal Tribunals and contains 128 articles. Creation of ICC. |
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International Criminal Court |
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Definition
Permanent Court. Established in 1994 after Trinidad and Tobago urged for the creation of the ICC to handle drug trafficking issues. |
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Jurisdiction of the International Criminal Court include: |
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Definition
Crimes against humanity, war crimes, genocide, crimes of aggression as well as "treaty crimes" i.e terrorism and drug offenses. |
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Term
International Criminal Court can only have under their jurisdiction: |
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Definition
Those who have signed the treaty |
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International Criminal Court Procedure: |
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Definition
Cases are presented by: 1. The prosecutor of states 2. The prosecutor orders an investigation if the state is a part of the treaty |
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International Criminal Court Prosecutor: |
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Definition
Oversees the case or investigation. Also received referrals and prosecutes criminals in the Pre-Trail chamber. |
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Term
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Definition
Prosecutor acting as his/her own |
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Term
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Panel of 3 and determines if the case should be launched after seeing the investigation arrest warrants, summons and pleas |
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Definition
Determines Sentence and Guilt. Cases are open to the public unless confidential information is presented. |
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Term
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Definition
Can be initiated by the prosecutor or the accused on the grounds of: 1. procedural error 2. Error of fact 3. Error of law 4. Any ground that may affect the fairness or reliability of the proceedings of decisions |
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Appeals Chamber has the power to: |
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Definition
1. Reverse 2. Amend 3. Order a new trial |
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Definition
Administrative duties. Arranges legal accommodations like defense lawyers and prison space. |
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International Criminal Tribunal for Yugoslavia |
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Definition
Successful: Oversaw the war crimes in the Balkans. Established that individual responsibility falls on the person instigating the crimes against humanity. Established that official positions and responsibilities carried by such does not exclude the person from personal responsibility. |
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International Criminal Tribunal for Rwanda |
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Definition
Successful. Prosecuted a head of state and added rape to the list of crimes against humanity. |
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Mixed Tribunals Consists of: |
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Definition
Domestic and international judges and lawyers together in a tribunal. |
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An interim before ICC was created and used locals who new the issues. |
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Individual Responsibility |
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Definition
Crimes against humanity or war crimes can be perpetrated by individuals within the state and as such fall under the jurisdiction of the ICC. |
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Term
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Definition
Responsibility for crimes against humanity or war crimes are in effect regardless of the position of the accused. If anyone under the command commits a crime and the commander knew they are held responsible. |
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Definition
Violations of the Hague/Geneva Conventions. Domestic or international, any area of conflict. |
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Definition
Murder, extermination, enslavement, deportation, inhumane acts committed against any civilian population before or during war. Prosecution on political, racial or religious grounds within the jurisdiction of the tribunal whether or not in violation of the law of the country. |
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Definition
Any act committed with the intentional to destroy a whole or a in part a national, ethnical, racial or religious groups. |
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