INTERNATIONAL INTERNATIONAL CRIMINAL LAWCRIMINAL LAW

COURSE STRUCTURECOURSE STRUCTURE

I. GENERAL PRINCIPLES OF I. GENERAL PRINCIPLES OF INTERNATIONAL CRIMINAL LAWINTERNATIONAL CRIMINAL LAW

II. SPECIFIC APPLICATIONSII. SPECIFIC APPLICATIONS

III. INTERNATIONAL CRIMINAL LAW III. INTERNATIONAL CRIMINAL LAW PROCEDUREPROCEDURE

IV. INTERNATIONAL CRIMES AND IV. INTERNATIONAL CRIMES AND INTERNATIONAL TRIBUNALSINTERNATIONAL TRIBUNALS

WHAT IS WHAT IS INTERNATIONAL INTERNATIONAL CRIMINAL LAW?CRIMINAL LAW?

TWO LEVELS OF TWO LEVELS OF INTERNATIONAL CRIMINAL LAWINTERNATIONAL CRIMINAL LAW

INTERNATIONAL CRIMINAL COURT AND INTERNATIONAL CRIMINAL COURT AND INTERNATIONAL CRIMINAL INTERNATIONAL CRIMINAL TRIBUNALSTRIBUNALS

TRANSNATIONAL AND INTERNATIONAL TRANSNATIONAL AND INTERNATIONAL CRIMES PROSECUTED NATIONALLYCRIMES PROSECUTED NATIONALLY

TRANSNATIONAL CRIMESTRANSNATIONAL CRIMES

EXAMPLES –EXAMPLES –

COMPUTER CRIMESCOMPUTER CRIMES

DRUG CRIMESDRUG CRIMES

TERRORISMTERRORISM

MONEY LAUNDERINGMONEY LAUNDERING

GENERAL GENERAL PRINCIPLES OF PRINCIPLES OF INTERNATIONAL INTERNATIONAL CRIMINAL LAWCRIMINAL LAW

KEY TERMS IN KEY TERMS IN INTERNATIONAL INTERNATIONAL CRIMINAL LAWCRIMINAL LAW

COMITYCOMITY

COMPLEMENTARITYCOMPLEMENTARITY

ERGA OMNESERGA OMNES

JUS COGENSJUS COGENS

ERGA OMNESERGA OMNES

OBLIGATION TO ENFORCE JUS OBLIGATION TO ENFORCE JUS COGENS NORMSCOGENS NORMS

EXTRATERRITORIALITYEXTRATERRITORIALITY

NE BIS IN IDEMNE BIS IN IDEM

SOURCES OF SOURCES OF INTERNATIONAL INTERNATIONAL CRIMINAL LAWCRIMINAL LAW

RESTATEMENT (THIRD) OF THE RESTATEMENT (THIRD) OF THE FOREIGN RELATIONS LAW OF FOREIGN RELATIONS LAW OF

THE UNITED STATESTHE UNITED STATES

CUSTOMARY LAWCUSTOMARY LAW

INTERNATIONAL AGREEMENTINTERNATIONAL AGREEMENT

FROM GENERAL PRINCIPLES FROM GENERAL PRINCIPLES COMMON TO THE MAJOR LEGAL COMMON TO THE MAJOR LEGAL SYSTEMS OF THE WORLDSYSTEMS OF THE WORLD

THE STATUTE OF THE THE STATUTE OF THE INTERNATIONAL COURT OF INTERNATIONAL COURT OF

JUSTICEJUSTICEARTICLE 38

1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:

(a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;

(b) international custom, as evidence of a general practice accepted as law;

(c) the general principles of law recognized by civilized nations;

(d) subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of the rules of law.

The Paquete Habana

“where there is no treaty, and no controlling executive or legislative act or judicial decision, resort must be had to the customs and usages of civilized nations; and, as evidence of these, to the works of jurists and commentators, who by years of labor, research and experience, have made themselves peculiarly well acquainted with the subjects of which they treat. Such works are resorted to by judicial tribunals, not for the speculations of their authors concerning what the law ought to be, but for trustworthy evidence of what the law really is.”

THE CASE OF THE THE CASE OF THE S.S.S.S.

LOTUS LOTUS

(FRANCE v. TURKEY)(FRANCE v. TURKEY)

BOWMAN CASEBOWMAN CASE

SOME FACTORS TO CONSIDERSOME FACTORS TO CONSIDER

1922 DECISION1922 DECISION

CONSPIRACY TO DEFRAUDCONSPIRACY TO DEFRAUD

ACT OCCURS OUTSIDE THE UNITED ACT OCCURS OUTSIDE THE UNITED STATESSTATES

IS CRIMINAL IS CRIMINAL JURISDICTION JURISDICTION DIFFERENT?DIFFERENT?

WHEN DO YOU HAVE WHEN DO YOU HAVE

EXTRATERRITORALITY?EXTRATERRITORALITY?

CRIMINAL AND CIVIL LAW CRIMINAL AND CIVIL LAW ARE NOT THE SAME ARE NOT THE SAME WITH RESPECT TO WITH RESPECT TO

JURISDICTIONJURISDICTION

KEY QUESTIONSKEY QUESTIONS

WHAT DID CONGRESS INTEND?WHAT DID CONGRESS INTEND?

DID CONGRESS INTEND DID CONGRESS INTEND EXTRATERRITORIALITY?EXTRATERRITORIALITY?