International criminal law

International criminal law is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and aggression. This law is distinct from national law.

History

The development of international criminal law has its roots in international humanitarian law and is also related to international human rights law. The first attempts to create international criminal law can be traced back to the late 19th and early 20th centuries when the world witnessed the establishment of the first international criminal tribunals to prosecute war crimes.

Core Crimes

Genocide

Genocide is defined as the intentional destruction, in whole or in part, of a national, ethnical, racial, or religious group. This is one of the most severe forms of crimes under international law.

War Crimes

War crimes are serious violations of the laws and customs applicable in international armed conflict and in conflicts "not of an international character" listed in the Geneva Conventions.

Crimes Against Humanity

Crimes against humanity include any act "committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack," including murder, extermination, enslavement, deportation, and other inhumane acts.

Aggression

Aggression is 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.

Jurisdiction

The jurisdiction of international criminal law is typically exercised by international courts and tribunals. The International Criminal Court (ICC) is the most well-known and established international institution with the mandate to prosecute individuals who commit crimes of international concern.

Enforcement

Enforcement of international criminal law is challenging due to the principle of sovereignty, which restricts the ability of international institutions to intervene in the internal affairs of states. However, the principle of universal jurisdiction provides a legal basis for states to prosecute individuals responsible for international crimes.

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