SESSION 2

TOPIC: WHAT IS INTERNATIONAL CRIMINAL LAW DISCUSSION o Historical Background: Henry Dunant Red Cross Geneva Convention Video Presentation (Memory of Solferino) 1863 Lieber Code 1864 Geneva Convention 1868 St. Petersburg Declaration 1899 Hague Convention The Law of Geneva The Law of the Hague 1899 Martens Clause International Military Courts International Military Tribunal at Nuremburg International Military Tribunal for the Far East 1948 Convention on the Prevention and Punishment of the Crime of Genocide uploaded in YG 1949 Four Geneva Conventions Ad Hoc International Criminal Tribunals International Criminal Tribunal for the Former Yugoslavia International Criminal Tribunal for Rwanda 1977 Additional Protocols I & II 2002 Rome Statute of the International Criminal Court 2005 Additional Protocol III 2009 R.A. 9851 Philippine Act on Crimes Against IHL, Genocide and Other Crimes against Humanity 2011 Philippine ratification of the ICC Rome Statute 2013 Philippine ratification of Additional Protocol I 2013 R.A. 10530 The Red Cross and Other Emblems Act of 2013 GRADED RECITATION o Read: Module 2 Practice Training Materials developed by the International Criminal Law Services (Part of the War Crimes Justice Project funded by the European Union) PDF file uploaded in YG; Introduction What is Public International Law What is International Criminal Law Sources of International Criminal Law Overview of the five sources of International Criminal Law o As compared to the sources of International Law (under Art. 38, Statute of the International Court of Justice)

Kuroda vs. Jalandoni, GR L-2662, March 26, 1949; International School Alliance of Educators, GR 128845, June 1, 2000; Rubrico vs. GMA, GR 183871, Feb. 18, 2010; Makati Stock Exchange, Inc. vs. Campos, GR 138814, April 16, 2009; Bayan Muna vs. Romulo, GR 159618, Feb. 1, 2011;

Treaty Law o Pimentel vs. Romulo, GR 158088, July 6, 2005; o Nicolas vs. Romulo, GR 175888, Feb. 11, 2009; Customary International Law o Pharmaceutical vs. Duque, GR 173034, Oct. 9, 2007; o LGBT Party vs. Comelec, GR 190582, April 8, 2010; o Prosecutor vs. Dusko Tadic (word file uploaded in YG) o Prosecutor vs. Milan Martic(PDF file uploaded in YG) Other Sources of ICL Hierarchy between custom and treaty law, and jus cogens o Jurisdictional Immunities of the State (Germany vs. Italy) before the International Court of Justice, February 3, 2012 (PDF file uploaded in YG); Principles and modes of interpretation of ICL Relationship between IHL, HRL and ICL ICRC Powerpoint (Module 2 IHL and Human Rights Law) ICRC Powerpoint (Module 3 Sources of IHL)

FURTHER READING o Full text of speeches delivered by Senator Miriam Defensor Santiago: Sponsorship speech as Chair of the Subcommittee on the Rome Statute of the International Criminal Court, August 16, 2011 http://miriam.com.ph/newsblog/?p=399 Speech delivered at the Asia-Pacific Parliamentary Consultation on the Universality of the Rome Statute of the ICC, held at the Parliament of Malaysia, March 9, 2011 http://miriam.com.ph/newsblog/?p=342