The International Criminal Court deals with individuals, but they are all very serious crimes. What is anti-humanity and anti-society?
Give you a few cases and documents to see.
1. Case of The Hague International Tribunal:1On September 30th, 946, the Nuremberg International Tribunal sentenced Nazi war criminals.
1946 On September 30th, the Nuremberg International Tribunal sentenced the German fascist leader to death.
German, Italian and Japanese fascists launched the Second World War, which brought profound disasters to people all over the world. According to 1945, the Agreement on the Prosecution and Punishment of Major War Criminals of European Axis Countries signed by the Soviet Union, the United States, Britain and France in London on August 8, 1945 and the Charter of the European International Military Tribunal, the Nuremberg International Military Tribunal is composed of judges appointed by the four countries to try German war criminals. The Nuremberg Tribunal lasted from 1945 to 1.
1946 On September 30th, Nazi air marshal Goering, Foreign Minister ribbentrop, Marshal keitel, SS security director Katen Bronner, Interior Minister Frick, Polish Nazi executioner Frank, Nazi "philosopher" Rosenberg, Austrian traitor Seth Inquart, Marshal Jodl, the head of the Third Reich in charge of slave labor, and Hitler's private secretary Bowman *. And announced the leadership of Nazi party, secret police, SS and other criminal organizations.
Due to the asylum of the United States, the court declared that the stormtroopers, the German Cabinet, the German General Staff and the Supreme Command of the Armed Forces were not considered criminal organizations. This behavior was opposed by Soviet judges and condemned by world public opinion.
Two. Statute of the International Tribunal for the Former Yugoslavia
Security Council resolutions1827 (1993) of 25 May 1993 and 13 May 1998 1 1 66 (13). Resolution kloc-0/329(2000) and resolution 14 165438 of May 2002 were adopted.
The International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia (hereinafter referred to as "the International Tribunal") established by the Security Council under Chapter VII of the Charter of the United Nations shall perform its duties in accordance with the provisions of this Statute.
Article 1
Terms of reference of the International Tribunal
According to the provisions of this Statute, the International Tribunal has the right to prosecute persons responsible for serious violations of international humanitarian law committed in the territory of the former Yugoslavia since 199 1.
the second
Grave violations of the Geneva Conventions
The International Tribunal has the power to prosecute those who have committed or ordered others to commit grave breaches of the Geneva Conventions, that is, the following acts against persons or property protected under the provisions of the Geneva Conventions:
Intentional homicide;
Torture or inhuman treatment, including biological experiments;
(c) Deliberately causing great pain or serious injury to body or health;
(d) Destroying and occupying property on a large scale in an illegal and barbaric manner without military necessity;
(e) Forcing prisoners of war or civilians to serve in the army of a hostile country;
Deliberately depriving prisoners of war or civilians of their civil rights and legal jurisdiction;
(g) Unlawful expulsion or transfer of civilians or illegal imprisonment;
(h) Taking civilians hostage.
Article
Violate the laws and customs of war
The International Tribunal has the right to prosecute those who violate the laws and customs of war. Violations include but are not limited to the following items:
(a) The use of toxic or other weapons causes unnecessary suffering;
(b) Brutally destroying or destroying towns and villages without military necessity;
(c) Attacking or bombing undefended towns, villages, houses and buildings by any means;
(d) Seizing, destroying or intentionally damaging religious, charitable and educational, artistic and scientific institutions, historical sites and artistic and scientific works;
(e) Robbery of public and private property.
Article 4
genocide
1. The International Tribunal has the power to prosecute persons who commit genocide as defined in paragraph 2 of this article or any other acts listed in paragraph 3 of this article.
2. Genocide means intentionally destroying a national, ethnic, racial or religious group in whole or in part, and committing one of the following acts:
Killing members of the group;
(b) causing serious physical or mental injury to members of the group;
(c) Deliberately placing the group in a living condition with a view to destroying all or part of its life;
(d) Compulsory measures aimed at preventing births within groups;
(e) forcibly transferring the children of that group to another group.
3. The following acts shall be punished:
Genocide;
(b) premeditated genocide;
(c) Direct and blatant incitement to genocide;
(d) Intention to commit genocide;
Genocide.
Article 5
crime against humanity
The International Tribunal has the power to prosecute persons who commit the following crimes against civilians in international or internal armed conflicts:
Murder;
Extinction;
Slavery;
Deportation;
Imprisonment;
Torture;
Rape;
(h) Persecution on political, racial or religious grounds;
(i) Other inhumane acts.
Article 6
Personal jurisdiction
According to the provisions of this Statute, the International Tribunal has jurisdiction over natural persons.
Article 7
Individual criminal responsibility
1. Any person who plans, incites, orders, commits or assists in inciting others to plan, prepare or commit the crimes mentioned in Articles 2 to 5 of this Statute shall be personally responsible for the crimes.
2. No defendant's official position, whether it is the head of state or government, or a responsible government official, can exempt the defendant from criminal responsibility or mitigate the punishment.
3. If a subordinate commits one of the acts listed in Articles 2 to 5 of these regulations, and his superior knows or should know that the subordinate will commit such a criminal act or has committed a crime, but the superior fails to take reasonable and necessary measures to stop or punish it, he shall not be exempted from his criminal responsibility.
4. The defendant who commits a crime according to the order of the government or superior shall not be exempted from criminal responsibility, but if the International Court of Justice decides that it is lawful, it may consider reducing the sentence.
Article 8
Territorial and temporal jurisdiction
The territorial jurisdiction of the International Tribunal will cover the territory of the former Socialist Federal Republic of Yugoslavia, including its topsoil, airspace and territorial waters. The temporal jurisdiction of the International Tribunal covers the period of19911.
Article 9
Joint jurisdiction
1. International tribunals and domestic courts have concurrent jurisdiction over the prosecution of persons who have committed serious violations of international humanitarian law in the former Yugoslavia since 199 1 1.
2. International tribunals shall have priority over domestic courts. At any stage of the proceedings, the International Tribunal may formally request the domestic courts to accept the jurisdiction of the International Tribunal in accordance with this Statute and the Rules of Procedure and Evidence of the International Tribunal.
Article 10
Repeated prosecution
1. according to the statute, anyone who has committed serious violations of international humanitarian law should not be tried by domestic courts if he has been tried by the international court of justice.
2. Any person who has committed a serious violation of international humanitarian law and is tried by a domestic court may still be tried by the International Court of Justice if:
(a) The act for which he or she is tried is characterized as an ordinary crime; Or (b) domestic court procedures are unfair or not independent, in order to protect the defendant from responsibility for committing international crimes; Or the case was not seriously prosecuted according to law.
3. In considering the punishment of a person convicted under this Statute, the International Tribunal shall take into account the extent to which the punishment imposed by a domestic court on that person for the same act has been implemented.
Article 1 1
Composition of the International Tribunal
The International Tribunal will be composed of the following organs:
(a) Chambers, including two chambers of first instance and one appeals chamber;
(b) the prosecutor;
(c) Registry, which serves the Chambers and the Prosecutor.
Article 12
Composition of the Chamber
1. Each chamber shall be composed of 16 independent permanent judges, but no two of them shall be nationals of the same country; At the same time, at any one time, there shall be at most nine independent ad hoc judges appointed in accordance with paragraph 2 of Article 13 ter, but no two of them shall be nationals of the same country.
2. Each Trial Chamber shall have three permanent judges and a maximum of six ad hoc judges at any one time. Each chamber to which ad hoc judges have been assigned can be divided into several trial groups, and each trial group consists of three judges, including permanent judges and ad hoc judges. The powers and responsibilities of the trial section of the Trial Chamber are the same as those conferred on the Trial Chamber by the Statute, and the judgment shall be made according to the same rules.
3. The Appeals Chamber shall have seven permanent judges. For each appeal, the Appeals Chamber shall be composed of five Appeals Chamber judges.
4. As far as judges of the Chambers of the International Tribunal are concerned, judges who are regarded as nationals of more than one country shall be regarded as nationals of the country where they usually exercise their civil and political rights.
Article 13
Qualification and election of judges
The permanent and ad litem judges should be of high moral character, impartiality and integrity, and should possess the qualifications required for holding the highest judicial offices in their respective countries. The overall composition of the Chambers and Trial Chambers shall give due consideration to the experience of judges in criminal law, international law, including international humanitarian law and human rights law.
Article 13 bis
Election of permanent judges
1. Fourteen permanent judges of the International Tribunal shall be elected by the General Assembly from a list submitted by the Security Council in the following manner:
(a) The Secretary-General should invite States Members of the United Nations and non-member States maintaining permanent observer missions at United Nations Headquarters to nominate candidates for judges of the International Tribunal;
(b) Within 60 days from the date of the invitation of the Secretary-General, each country may nominate at most two candidates who meet the qualifications listed in Article 13 of the Statute, but no two candidates may have the same nationality. Nor did it cooperate with the International Criminal Tribunal for the Prosecution of Persons Responsible for Genocide and Other Serious Violations of International Humanitarian Law in Rwanda and Rwandan Citizens Responsible for Genocide and Other Such Violations in Neighbouring Countries during this period (hereinafter referred to as the "International Criminal Tribunal for Rwanda"). The current Appeals Chamber judges elected or appointed as permanent judges of the Tribunal in accordance with article 12 bis of the Statute shall have the same nationality;
(c) The Secretary-General shall transmit the nominations received to the Security Council. On the basis of the nominations received, the Security Council should draw up a list of not less than 28 but not more than 42 candidates, with due regard to the principal legal systems of the world.
Having sufficient representativeness;
(d) The President of the Security Council shall submit the list of candidates to the President of the General Assembly. From this list, the General Assembly shall elect 14 permanent judges of the International Tribunal. Candidates who have obtained an absolute majority of votes from States Members of the United Nations and non-member States maintaining permanent observer missions at United Nations Headquarters shall be declared elected. If two candidates of the same nationality obtain the required majority, the candidate with more votes shall be regarded as elected.
2. In the event of a vacancy among the permanent judges of the Chamber elected or appointed in accordance with this article, the Secretary-General, after consulting with the Presidents of the Security Council and the General Assembly, shall appoint a person who meets the qualifications listed in article 13 of the Statute to fill the remaining part of the post.
3. The term of office of permanent judges elected in accordance with this article shall be four years. The conditions of service shall be the same as those of the members of the International Court of Justice. They should be eligible for re-election.
Article 13 ter
Election and appointment of ad hoc judges
1. The ad hoc judges of the International Tribunal shall be elected by the General Assembly from a list submitted by the Security Council in the following manner:
(a) The Secretary-General should invite States Members of the United Nations and non-member States maintaining permanent observer missions at United Nations Headquarters to nominate candidates for ad hoc judges of the International Tribunal;
(b) Within 60 days from the date of the invitation of the Secretary-General, each country may nominate up to four candidates who meet the qualifications listed in articles 65-438+03 of the Statute, taking into account that the number of male and female candidates must be equal;
(c) The Secretary-General shall transmit the nominations received to the Security Council. On the basis of the nominations received, the Security Council shall draw up a list of not less than 54 candidates, with due regard to the full representation of the principal legal systems of the world.
And bearing in mind the need for equitable geographical distribution;
(d) The President of the Security Council shall submit the list of candidates to the President of the General Assembly. From this list, the General Assembly shall elect twenty-seven ad hoc judges of the International Tribunal. Candidates who have obtained an absolute majority of votes from States Members of the United Nations and non-member States maintaining permanent observer missions at United Nations Headquarters shall be declared elected;
(e) The term of office of an ad hoc judge shall be four years. They should not be eligible for re-election.
2. During their term of office, ad hoc judges will be appointed by the Secretary-General at the request of the President of the International Tribunal to participate in one or more trials for a cumulative period of up to but not including three years. When requesting the appointment of any ad hoc judge, the President of the International Tribunal shall take into account the criteria for the composition of the sections of the Chambers and Trial Chambers as stipulated in Article 13 of the Statute, the considerations listed in subparagraphs (b) and (c) of paragraph/KLOC-0 above, and the number of votes obtained by the ad hoc judge in the General Assembly.
Article 13 quater
Status of ad hoc judges
1. During the period of appointment as a judge of the International Tribunal, ad hoc judges:
(a) They should enjoy the same conditions of service as the permanent judges of the International Tribunal;
(b) Subject to paragraph 2 below, shall enjoy the same powers as permanent judges of the International Tribunal;
(c) Enjoy the privileges and immunities, exemptions and facilities of judges of the International Tribunal.
2. During their appointment as judges of the International Tribunal, ad hoc judges do not possess the following qualifications and powers:
(a) According to article 14 of the Statute, he is not qualified to elect or vote for the President of the Tribunal or the presiding judge of the Trial Chamber;
(b) Have the right to:
(1) Formulating rules of procedure and evidence in accordance with Article 15 of the Statute. However, they should be consulted before adopting these rules;
(2) Review the indictment according to Article 19 of the Statute;
(3) To consult with the President on the assignment of judges according to Article 65-438+04 of the Statute, or on the pardon or commutation of sentence according to Article 28 of the Statute;
(4) make a ruling in the preliminary hearing.
Article 14
President and judges of the Chamber
1. the permanent judges of the international tribunal shall elect a president from among their members.
2. The President of the International Tribunal shall be a member of the Appeals Chamber and shall preside over the proceedings before the Appeals Chamber.
3. After consultation with the permanent judges of the International Tribunal, the President shall appoint four judges to the Appeals Chamber and nine judges to the Trial Chamber from among the permanent judges elected or appointed in accordance with article 13 bis of the Statute.
4. After consultation with the President of the International Tribunal for Rwanda, two judges elected or appointed in accordance with article 12 of the Statute of the International Tribunal for Rwanda will be appointed as judges of the Appeals Chamber and permanent judges of the International Tribunal.
5. After consultation with the permanent judges of the International Tribunal, the President shall appoint ad hoc judges, who may be appointed as judges of the International Tribunal from time to time and serve as judges of the Trial Chambers.
6. Each judge can only serve in the assigned Chamber.
7. The permanent judge of each Trial Chamber shall elect a presiding judge from among its members to supervise the work of the entire Trial Chamber.
Article 15
Rules of procedure and evidence
The judges of the International Tribunal shall adopt rules of procedure and evidence concerning the use of evidence, the protection of victims and witnesses and other related matters in the pre-trial stage of proceedings, trial and appeal.
Article 16
agent
1. The prosecutor is responsible for investigating and prosecuting those who have committed serious violations of international humanitarian law in the territory of the former Yugoslavia since June.
2. The Prosecutor shall act independently as a separate organ of the International Tribunal. He or she should not seek or accept instructions from any government or any other source.
3. The Office of the Prosecutor shall be composed of a prosecutor and other necessary qualified staff.
4. The Prosecutor is nominated by the Secretary-General and appointed by the Security Council. He or she should have high moral quality and the highest level of ability and experience in investigating and prosecuting criminal cases. The term of office of a public prosecutor is four years and can be re-elected. The conditions of service of the Prosecutor are equivalent to those of the Under-Secretary-General of the United Nations.
5. The staff of the Office of the Prosecutor shall be appointed by the Secretary-General on the recommendation of the Prosecutor.
Article 17
registry office
1. The Registry is responsible for the administration and services of the International Tribunal.
2. The Registry shall consist of a Registrar and such other staff as may be required.
3. The Registrar is appointed by the Secretary-General after consultation with the President of the International Tribunal for a renewable term of four years. The Registrar's terms and conditions of service are in accordance with the provisions of the Assistant Secretary-General of the United Nations.
4. The staff of the Registry are recommended by the Registrar and appointed by the Secretary-General.
Article 18
Investigation and preparation of indictments
1. The prosecutor will investigate ex officio or on the basis of information obtained from any source, including the government, United Nations agencies, intergovernmental organizations and non-governmental organizations. The prosecutor will evaluate the information received or obtained, and then decide whether there is sufficient basis for investigation.
2. Prosecutors have the right to question criminal suspects, victims and witnesses, collect evidence and conduct on-site investigations. In carrying out these tasks, prosecutors may, as appropriate, seek the assistance of the relevant national authorities.
3. If the suspect is questioned, he has the right to get the assistance of the lawyer of his choice, including the right to get the legal aid assigned to him when he is unable to pay the fees, and the right to get the necessary two-way translation in the language he uses and understands.
4. When the prosecutor determines that the prima facie evidence of the case is conclusive, he shall prepare an indictment in accordance with the Statute, which shall contain a brief statement of the facts and the charges against the accused. The indictment will be sent to a judge of the Trial Chamber.
Article 19
Review indictment
1. The judge of the Trial Chamber who has received the indictment shall review the indictment. If the judge thinks that the prima facie evidence presented by the public prosecutor is conclusive, he should accept the prosecution, otherwise he will not accept the prosecution.
2. After accepting the indictment, the judge may, at the request of the prosecutor, issue orders and summonses, arrest, detain, hand over or transfer the persons concerned, and issue any other orders necessary for the trial.
Article 20
Commencement and conduct of trial proceedings
1. Each trial chamber shall ensure that the trial is fair and effective, fully respect the rights of the defendant in the proceedings, and give due consideration to the protection of victims and witnesses in accordance with the Rules of Procedure and Evidence.
2. After the indictment against a person is confirmed, he should be detained according to the order or arrest warrant of the International Tribunal, immediately informed of the indictment against him and transferred to the International Tribunal.
3. The Trial Chamber shall read the indictment, verify that the rights of the accused are respected, confirm that the accused understands the indictment, and instruct the accused to file charges. The Trial Chamber shall then appoint a date for the trial.
4. The hearing shall be held in public, unless the Trial Chamber decides not to hold it in public in accordance with its Rules of Procedure and Evidence.
2 1
Rights of the defendant
1. Everyone is equal before the international court.
2. According to article 22 of the Statute, the accused has the right to a fair and public trial in the process of determining the charges against him.
3. The accused shall be presumed innocent until proven guilty according to the provisions of this Statute.
4. In determining any charges against the defendant in accordance with this Statute, the defendant shall enjoy the following minimum guarantees in full equality:
(a) Inform him immediately and in detail, in a language he understands, of the nature and reasons of the charges against him;
(b) Have sufficient time and facilities to prepare for his own defense and contact a lawyer of his choice;
The trial time is not unreasonably delayed;
To appear in court for trial and defend himself in person or through a lawyer of his choice; If the defendant does not have a lawyer, he must be informed of this right; Appoint a lawyer for the defendant in any case required by the interests of justice, and exempt his lawyer's fees in any case where he is unable to pay his lawyer's fees;
Interrogate or appoint others to interrogate witnesses who prove their guilt, and let witnesses who defend them appear in court and be interrogated under the same conditions as witnesses who prove their guilt;
(f) If you do not understand or speak the language used by the International Tribunal, you will be assisted by an interpreter free of charge;
Don't be forced to testify against yourself or plead guilty.
Article 22
Protection of victims and witnesses
The International Tribunal should provide for the protection of victims and witnesses in its rules of procedure and evidence. These measures should include, but are not limited to, closed trials and protection of the identity of victims.
Article 23
judge
1 ... The Trial Chamber shall pronounce a judgment and impose a penalty on those found guilty of serious violations of international humanitarian law.
2. The judgment shall be made by a majority of the judges of the Trial Chamber, and shall be publicly announced by the Trial Chamber. The judgment shall be accompanied by reasonable written opinions, and may be accompanied by different or opposite opinions.
Article 24
punish
1. The sentence imposed by the Trial Chamber is limited to imprisonment. In determining the term of imprisonment, the Trial Chamber shall refer to the imprisonment practices applicable to the Tribunal for the Former Yugoslavia.
2. In sentencing, the Trial Chamber shall take into account the seriousness of the crime and the personal circumstances of the convicted person.
3. In addition to imprisonment, the Trial Chamber may order that any property and income obtained through crimes, including coercion, be returned to its legitimate owner.
Article 25
procedure for appeal
1 ... The Appeals Chamber shall hear appeals from persons convicted by the Trial Chamber or the Prosecutor on the following grounds:
(a) An error on a legal issue that causes the judgment to be invalid, or
The factual error that led to the negotiation.
2. The Appeals Chamber may confirm, set aside or modify the judgement rendered by the Trial Chamber.
Article 26
audit program
If a new fact is discovered that was unknown to the Trial Chamber or the Appeals Chamber at the time of the proceedings, and this fact may be a decisive factor in making a judgment, the convicted person or the prosecutor may apply to the International Tribunal for a review of the judgment.
Article 27
Execution of judgment
The sentence will be served in a country designated by the International Tribunal from a list of countries that have indicated to the Security Council their willingness to accept convicted persons. Such imprisonment should comply with the applicable laws of the countries concerned and be subject to the supervision of the International Court of Justice.
Article 28
Exemption or commutation
If, according to the applicable laws of the country where the convicted person is imprisoned, the imprisoned person is eligible for exemption from punishment or commutation, the country concerned shall notify the International Tribunal accordingly. The President of the International Tribunal shall, in consultation with the judges, decide the matter fairly in accordance with general legal principles.
Article 29
Cooperation and judicial assistance
1 ... States should cooperate with the international tribunal to investigate and prosecute defendants who have seriously violated international humanitarian law.
2. States shall comply with requests for assistance or orders issued by the court of first instance without any undue delay, including but not limited to:
(1) tracing people;
(b) Taking testimony and providing evidence;
(c) service of documents;
Arrest or detention;
(e) Extradition and surrender of accused to the International Tribunal.
Article 30
Status, Privileges and Immunities of International Tribunals
1. The Convention on Privileges and Immunities of the United Nations shall apply to the International Tribunal, judges, prosecutors and their staff, registrars and their staff.
2. Judges, prosecutors and registrars shall enjoy the privileges and immunities, exemptions and facilities accorded to diplomatic envoys in accordance with international law.
3. The staff of the Prosecutor and the Registrar shall enjoy the privileges and immunities referred to in paragraphs 65-438+0 of this article, which are granted to United Nations officials in accordance with articles 5 and 7 of the Convention.
4. Other persons who must be present at the seat of the International Tribunal, including the accused, shall be deemed necessary for the normal operation of the International Tribunal.
3 1
The seat of the International Tribunal
The seat of the International Tribunal shall be The Hague.
Article 32
Financing of the International Tribunal
According to Article 17 of the Charter of the United Nations, the expenses of the International Tribunal shall be borne by the regular budget of the United Nations.
Article 33
working language
The working languages of the International Tribunal shall be English and French.
Article 34
annual report
The President of the International Tribunal shall submit the annual report of the International Tribunal to the Security Council and the General Assembly.
Third, the United States will urge the Security Council to vote on the draft of the International Tribunal for Lebanon.
Khalilzad, Permanent Representative of the United States to the United Nations, said on the 29th that although members of the Security Council still have different opinions on the establishment of an international court to hear the murder of former Lebanese Prime Minister Hariri, the United States is still ready to push the Security Council to vote on the relevant draft resolution on the 30th.
On the same day, the Security Council held closed-door consultations on the draft resolution circulated by the United States, Britain and France on the 25th concerning the establishment of an international tribunal for the Hariri case in Lebanon. Khalilzad, the rotating president of the Security Council this month, later told the press that although the parties still have different opinions, the sponsors decided to ask the Security Council to vote on the draft resolution.
The United States, Britain and France are prepared to force the above motion to vote, which is opposed by countries such as Russia and South Africa. Russian Permanent Representative to the United Nations Churkin said that Russia is not opposed to the establishment of an international court in Lebanon, but this issue should be solved through other better legal channels to avoid many serious legal consequences in the future.
Lebanese Prime Minister Siniora recently sent a letter to Ban Ki-moon, saying that in view of the deadlock in the process of approving the establishment of an international court of justice in Lebanon, he hoped that the Security Council would make a "binding decision" on this issue. However, this proposal was resolutely resisted by the Lebanese opposition.
There are several cases or documents worth reading. I have a PDF now, so I can't copy it. Check it yourself. These names are as follows:
The case of sovereignty over Pedra Branca/Pulau Batu Puteh, middle rocks and South Reef (the main parties were Malaysia and Singapore, which were judged in 2008), the case of Colombian President suing Venezuelan President to the International Criminal Court, the case of Croatia v. Serbia (2008), and the tenth emergency special session of the United Nations General Assembly became item 5: Israel's illegal actions in occupied East Jerusalem and the rest of the occupied Palestinian territories, and Australia sued Japan, the whaling country, to Shanghai International.