International law and International Organizations

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International law and International Organizations

• Lecture 25
• March 16

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ASSIGNMENTS

• Wednesday, March 18
• UN World Summit 2005 document
• http//www.un.org/ga/59/hlpm_rev.2.pdf
• Based on document In Larger Freedom
• http//www.un.org/largerfreedom/
• NGOs p.503
• International Law and the Use of Force
• Traditional Limits on Use of Force
• - Naulilaa Case
• - Caroline Case
• The Nicaragua Case
• MARCH 16 Quiz-3
• Wednesday, April 1
• Final draft of paper due
• Guest Speaker

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IRAQ

• UNSC Resolution 1441
• UNSC Resolution 687
• http//www.un.org/Depts/unmovic/documents/docslist
  .htm
  
• UNSC Resolution 678
• UNSC Resolution 660

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Materials

• Declaration of Principles of International Law
• http//www.hku.edu/law/conlawhk/conlaw/outline/Out
  line4/2625.htm
  
• Humanitarian intervention http//www.dfait-maeci.
  gc.ca/iciss-ciise/report2-en.asp
  

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WHAT YOU WANT TO FOCUS ONKnow the pertinent ICC
Statute articles

• Complimentarity principle - national courts and
  ICC
  
• Which crimes are within the jurisdiction of the
  ICC?
  
• Who can be brought before the court?
• Jurisdiction of the ICC
• Relationship to UN
• Judges qualifications
• US concerns
• Reservations no reservations may be made
• Opt-out provision for war crimes
• Non-retroactivity of the treaty
• No immunity for heads of state

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National Jurisdictions first ICC only if
unwilling or unable

• Art. 19(2)(b) of Rome Statute (see Art.17)
• Challenges to the admissibility of a case
• A State which has jurisdiction over a case, on
  the ground that it is investigating or
  prosecuting the case or has investigated or
  prosecuted
• The U.S. can avoid prosecution of its citizens by
  the ICC by using its own courts to prosecute
  genocide, war crimes and crimes against humanity

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War crimes in Iraqnot investigatedProof of
courts impartiality

• Feb.10 2006Prosecutor announces it will not
  investigate alleged war crimes committed in Iraq
  by Coalition forces
  
• Prosecutor under Art. 15 required to analyze all
  communications received 240 in regard to Iraq
  
• Genocide allegations did not meet threshold legal
  standard intent to destroy national, ethnic,
  racial, or religious group as such
  
• Crimes against humanity not widespread

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Iraq (continued)

• Some allegations of war crimes did meet legal
  threshold targeting of civilians, clearly
  excessive attacks, and willful killing or
  inhumane treatment of civilians. Prosecutor found
  UK (which is a Party of ICC) had not
  intentionally targeted civilians in Iraq.
  Prosecutor concluded there was a lack of
  information indicating clear excessiveness.
• Charge of willful killing or inhumane treatment
  analysis did find a reasonable basis to believe
  war crimes within jurisdiction of ICC had been
  committed. 4-12 victims of willful killing, and
  limited number of victims of inhuman treatment
  all in all less than 20 persons.

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Iraq (continued)

• Prosecutor did not address potential war crimes
  by US or Iraq forces because of lack of personal
  or territorial jurisdiction (not referred by UNSC
  to the Prosecutor).
• Admissibility gravity and complementarity
• Gravity threshold not met specific gravity -
  not part of plan or part of large-scale
  commission of such crimes
  
• General gravity total of 20 persons, vs. cases
  at ICC involve hundreds of thousands killed,
  millions displaced
  
• Situation in Iraq abhorrent, but not as grave

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Iraq - complementarity

• Because of a finding that Iraq crimes did not
  meet gravity requirement, no need to address
  complementarity
  
• Complementarity principle that the ICC cannot
  take up a case unless the national judicial
  systems are destroyed or unable to handle the
  case or are deliberately shielding the accused
  from justice.

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Internships at ICC

• http//www2.icc-cpi.int/Menus/ICC/Recruitment/

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INTERNATIONAL ORGANIZATIONS

• 1. INTER-GOVERNMENTAL - Composed mainly or
  entirely of states and usually established by
  treaty. That treaty is usually the constitutive
  instrument or document.
• - UN and specialized agencies autonomous
  self-governed
  
• 2. NGOs - NON-GOVERNMENTAL ORGANIZATIONS
  established under municipal law by individuals or
  private groups sharing a common objective.

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UNITED NATIONS

• - Purposes - Art. 1
• 1. maintain intl peace and security
• 2. develop friendly relations among states
• 3. achieve intl cooperation in solving economic,
  social cultural and humanitarian problems
  
• 4. be a center for states to use to attain these
  common goals.

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Principle organs of the UN

• UN General Assembly (UNGA)
• UN Security Council (UNSC)
• UN Economic and Social Council (ECOSOC)
• ICJ
• UN Secretariat
• Trusteeship Council