Group 5 - International Criminal Court

Beltran
De Guzman
Pelayo
Rivera
Edem
Essay Questions:
1. Give at least 3 distinctions of International Criminal Court and
International Court of Justice?
International Criminal Court

International Court of Justice

As to what created each

Rome Statute

United Nations Charter

As to Jurisdiction

The International Criminal Court

has jurisdiction to prosecute
individuals for core international
crimes

The International Court of Justice

does not have criminal
jurisdiction to prosecute
individuals as it deals with
contentious proceedings between
States

As to subject matter jurisdiction (ratione materiae)

Limited to the most serious
crimes of concern to the
international community as a
whole:
(a) Crime of Genocide
(b)Crimes against Humanity
(c) War crimes
(d)Crime of Aggression

Covers legal disputes which

States refers to it, it includes:
(a) Interpretation of a treaty
(b)Any
question
of
international law
(c) Existence of any fact which
would
constitute
any
breach of an international
obligation
(d)The nature or extent of the
reparation to be made for
the
breach
of
an
international obligation

As to parties

Individuals

States
As to Independence

The International Criminal Court

is independent of the United
Nations

The International Court of Justice

is the principal judicial organ of
the United Nations

2. What are the rationae materiae or crimes within the jurisdiction of the
International Criminal Court?
-

The jurisdiction of the International Criminal Court is limited to the

most serious and heinous crimes which are all of concern to the
international community as a whole. According to the Statute, the
Court has jurisdiction with respect to the following crimes:

Crime of genocide;

Crimes against humanity;

War crimes; and

Crime of aggression.

3. What is the purpose for establishing the International Criminal Court?

-

To deal with the atrocious violations of the international human

rights norms, the international communities saw the necessity in
establishing an international criminal court that would best
prosecute international crimes of the most serious concern. The
international criminal coirt is establishied to promote rules of law
and ensure that the gravest international crimes do not go
unpunished.

4. What does Article 1 of the Rome Statute provide as regards the

International Criminal Court?
-

Article 1 of the Rome Statute provides that the International

Criminal Court shall be a permanent institution and shall have the
power to exercise jurisdiction over the persons for the most serious

crimes of international concern and shall be complementary to

national criminal jurisdictions.
5. Give at least 3 general principles of criminal law embodied in the Rome
Statute and briefly discuss the same.
-

The international criminal law also recognize principles to aid them

in resolving conflicts in the international sphere. These general
principles include:
a. Principle of legality (Nullum crimen sine lege, nullum
poena sine lege) by which an individual may only be
criminally liable and punished for an act which he committed
at the time when it was already declared by law to be a
criminal offense. Paragraph 1, Article 22 of the Rome Statue of
the International Criminal Court embodies the principle
nullum crimen sine lege, thus: A person shall not be
criminally responsible under this Statute unless the conduct in
question constitutes, at the time it takes place, a crime within
the jurisdiction of the Court. The principle of nullum poene
sine lege is expressed in Article 23 as follows: A person
convicted by the Court may be punished only in accordance
with this Statute.
b. Principle of non-retroactivity, by which no individual may
be charged and punished under a law which defines as a
crime an act committed before its enactment as expressed in
Article 24, paragraph 1 of the Rome Statute, which reads: No
person shall be criminally responsible under this statute for
conduct prior to the entry into force of the Statute.
c. Principle of ne bis in diem, by which the same individual
cannot be tried and punished more than once for the same
offense as expressed in Article 20 of the Rome Statute.

d. Individual criminal liability. By this principle, an individual

who commits a crime under international law is individually
liable for punishment, without any distinction based on official
capacity.
e. Principle of superior responsibility, by which a superior is
held criminally liable for failure to prevent his subordinates
from command and control over them and liable as well for
their crimes.
f. Actus reus nisi mens sit rea (mens rea). By this principle,
it is enough that an act declared unlawful as a crime, which is
committed with intent, for an individual to be criminally liable;
criminal liability requires as well moral blameworthiness. The
objective or material element of a wilful act is combined with
the subjective element of culpability as embodied in Article 30
of the Rome Statute.
6. What is the legal status as provided for in the Rome Statute?
-

Article 4 of the Rome Statute provides that the Court shall have
international legal personality.

7. What created/established the International Criminal Court? Is it an

organ of the United Nations? When was it in force and when was it
ratified by the Philippines?
-

The International Criminal Court is created by the Rome Statute. It is

the first permananent treaty based international criminal court and
was in force on July 1, 2002. However, the Philippines deposited its
instrument of ratification of the Rome Statute only on August 30,
2011. It is also independent of the United Nations.

8. How does the Principle of Complementarity apply in the International

Criminal Court?
-

The Principle of Complementarity applies in the prosecution of

International Criminal Court of crimes of the gravest concern only
by acquiring jurisdiction if the case is not investigated or prosecuted

by the national judicial system unless the national proceedings are

not genuine.
9. Differentiate Nullum crimen sine lege from Actus reus nisi mens
sit rea.
-

10.
-

Nullum crimen sine lege means that: A person shall not be

criminally responsible under the Statute unless the conduct in
question constitutes, at the time it takes place, a crime within the
jurisdiction of the Court. On the other hand, Actus reus nisi mens
sit rea means that it is enough that an act declared unlawful as a
crime, which is committed with intent, for an individual to be
criminally liable.
Enumerate at least 4 War Crimes?
Article 8 of the Statute of the Court defines war crimes as any of the
following:
a) Willful Killing;
b) Torture or inhuman treatment, including biological experiments;
c) Wilfully causing great suffering, or serious injury to body or
health;
d) Extensive destruction and appropriation of property, not justified
by military necessity and carried out unlawfully and wantonly;
e) Compelling a prisoner of war to serve in the forces of the hostile
power;
f) Wilfully depriving a prisoner of war or other protected persons of
the rights of fair and regular trial;
g) Unlawful deportation or transfer or unlawful confinement; and
h) Taking of hostages

Multiple Choice Questions:

According to Hans Heinrich Jescheck, 1.
C
affecting those legal interest in whose preservation 3.
for which criminal law protection is provided in an 4.

are 2.
H
D
.

A
and

a. all violations of law

b. criminal law protection
c. international crimes
d. international treaty or under customary international law
e. a grave matter of international concern
g. international criminal law
h. humanity has general interest

5. What established the International Criminal Court?

a. United Nations
b. Rome Statute
c. The Security Council
d. All of the above
e. None of the above

6. The international criminal courts jurisdiction is limited to the most serious

crimes of concern to the international community as a whole. Which of the
following does not fall under the jurisdiction of the International Criminal
Court?
a. War Crimes
b. Crime of Aggression
c. Crimes against Humanity
d. Crime of Genocide
e. All of the above
f. None of the above

7. The International Criminal Court will not act if a case is investigated or

prosecuted by a national judicial system unless the national proceedings are
not genuine. Under what principle of criminal law does the aformentioned
statement pertain to?
a. Principle of Ne Bis In Diem
b. Principle of Non-Retroactivity
c. Principleof Individual Criminality
d. Principle of Complementarity
e. Principle of Superior Responsibility
f. Principle of Legality
g. Principle of Actus Reus Nisi Mens Sit Rea

8. When did the Republic of the Philippines, through Charge dAffaires Enrique
A. Manalo, signed the Rome Statute?
a. December 28, 2000
b. December 20, 2008
c. December 28, 2008
d. December 18, 2000

9. The ICC does not have universal jurisdiction. War of aggression is

sometimes called war of conquest.
a. Both statements are true.
b. Both statements are false.
c. First statement is true. Second statement is false.
d. First statement is false. Second statement is true.

10.Genocide is committed in any of the following acts except:

a.