Von Nürnberg nach den Haag 2 | From Nuremberg to the Hague
  • The birth of the International Criminal Court

    Rome Statute of the ICC, preamble: “…Conscious that all peoples are united by common bonds, their cultures pieced together in…

    The birth of the International Criminal Court

    Rome Statute of the ICC, preamble: “…Conscious that all peoples are united by common bonds, their cultures pieced together in a shared heritage, and concerned that this deli- cate mosaic may be shattered at any time…“ The idea of an international criminal court after 1946 “…we must never forget that the record on which we judge these defendants today is the record on which history will judge us tomorrow,” declared US Chief Prosecutor Robert Jackson in his opening statement at…

  • The Statute of the International Criminal Court

    Rome Statute ot the ICC, preamble: “…Recognizing that such grave crimes threaten the peace, security and well- being of the…

    The Statute of the International Criminal Court

    Rome Statute ot the ICC, preamble: “…Recognizing that such grave crimes threaten the peace, security and well- being of the world…” The Rome Statute – the legal basis of the ICC The Rome Statute, named after the city where the document was concluded in 1998, forms the legal basis for the ICC. It is an international treaty to which all states may accede if they so desire. This treaty establishes the ICC (see Article 1) and is simultaneously its Statute,…

  • The Structure of the Court

    The Structure of the Court

  • The jurisdiction of the ICC

    Rome Statute of the ICC, preamble: “…Affirming that the most serious crimes ofconcern to the international community as a whole…

    The jurisdiction of the ICC

    Rome Statute of the ICC, preamble: “…Affirming that the most serious crimes ofconcern to the international community as a whole must not go unpunished…“ The rules of jurisdiction The ICC differs from all previous international criminal tribunals due to the nature of its Statute, its legal basis. Its jurisdictional competence is clearly defined by the Rome Statute. ›    Procedurally, the ICC is based on a voluntary act by the states over whose citizens it will potentially sit in judgment. Unlike…

  • The Court’s organs

    Rome Statute of the ICC, preamble: “…Resolved to guarantee lasting respect for and the enforcement of international justice …” The…

    The Court’s organs

    Rome Statute of the ICC, preamble: “…Resolved to guarantee lasting respect for and the enforcement of international justice …” The Assembly of States Parties The States that have signed up to the Rome Statute as an international treaty are also, in their capacity as the Assembly of States Parties, the masters of all the organs of the Court. Only this Assembly may modify the Statute. It is envisaged that the first revision of the Statute will take place in 2009.…

  • Due process guarantees

    Rome Statute of the ICC, Art. 21, 3: “The application and interpretation of law must be consistent with inter- nationally…

    Due process guarantees

    Rome Statute of the ICC, Art. 21, 3: “The application and interpretation of law must be consistent with inter- nationally recognized human rights, and be without any adverse distinc- tion founded on grounds such as gender, age, race, colour, language, religion or belief, political or other opinion, national, ethnic or social origin, wealth, birth or other status.” Rights of the accused The first permanent international criminal court in history must also offer the requisite procedural guarantees in order to be…

  • The victims’ role

    Rome Statute of the ICC, preamble: “…Mindful that during this century millions of children, women and men have been victims…

    The victims’ role

    Rome Statute of the ICC, preamble: “…Mindful that during this century millions of children, women and men have been victims of unimaginable atrocities that deeply shock the cons- cience of humanity…” Punishment is not enough In cases before the ICC, as in all criminal trials, society‘s purpose is to condemn proven wrong-doers. But punishing the perpetrators is not enough if the aim is justice for the victims. When the crimes concerned are core international crimes, the victims are entitled to…

  • International Criminal Law 1945–2011

    08.08.1945: London Statute of the IMT, the legal basis of the proceedings at the IMT. 19.01.1946: The IMTFE Statute (Tokyo…

    International Criminal Law 1945–2011

    08.08.1945: London Statute of the IMT, the legal basis of the proceedings at the IMT. 19.01.1946: The IMTFE Statute (Tokyo Statute), modeled on the principles of the London Statuate, sets the ground for the trial against the principal war criminals of Japan. 18.05.1946: First post-war session of the „International Association of Penal Law“ in the IMT court room at Nuremberg. Several judges of the IMT were members of this association. For a symbolic restart of international criminal law, the heads…

  • Member States of the ICC

    A majority of states is now a member of the International Criminal Court. In March 2016 El Salvador ratified the ICC…

    Member States of the ICC

    A majority of states is now a member of the International Criminal Court. In March 2016 El Salvador ratified the ICC statute, in October 2017 Burundi withdrew from the Rome Statute, thus raising the number of member states to 123. Of these, 33 are from Africa, 25 from Western Europe and other countries, 18 from Eastern Europe,  28 from Latin American and Caribbean States, and 19 from Asia and the Pacific. Another 31 states have signed the Rome treaty, but have not…