International Relations 101: International Law and Organizations International Criminal Justice ICTY ICTR Rome Statute International Criminal Court

What This Is

International Criminal Justice (ICJ) refers to the global system of laws, institutions, and norms aimed at prosecuting individuals for international crimes such as genocide, war crimes, and crimes against humanity. Understanding ICJ is crucial for grasping the complexities of global governance, international cooperation, and the rule of law. For instance, the International Criminal Tribunal for the former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) were established to prosecute those responsible for atrocities committed during the Yugoslav Wars and the Rwandan Genocide, respectively.

Key Theories, Concepts & Thinkers

• International Law (Hugo Grotius, Emmerich de Vattel): A set of rules and norms governing the behavior of states and individuals in international relations – explains why states comply with international law, such as the Geneva Conventions.
• Just War Theory (Thomas Aquinas, Michael Walzer): A framework for evaluating the morality of war and the use of force – underpins debates on humanitarian intervention and the responsibility to protect.
• Transnational Justice (Ruti Teitel): The idea that justice can be pursued across national borders, through international institutions and tribunals – explains the creation of the International Criminal Court (ICC).
• Victor's Justice (Antonio Cassese): The notion that the winners of a conflict often dictate the terms of justice and accountability for the losers – underpins criticisms of the ICTY and ICTR.
• International Cooperation (Robert Keohane, Joseph Nye): The idea that states can work together to achieve common goals, such as promoting justice and accountability – explains the role of international organizations like the United Nations in supporting ICJ.
• Human Rights (Hans Kelsen, Immanuel Kant): A set of fundamental rights and freedoms that are universal and inalienable – underpins the ICC's mandate to prosecute crimes against humanity.
• State Sovereignty (Hans Morgenthau, John Vincent): The idea that states have supreme authority within their territories – explains why some states resist international intervention in their internal affairs.
• Global Governance (James Rosenau, Peter Haas): The concept of a global system of rules, norms, and institutions that govern international relations – explains the role of international organizations like the ICC in promoting ICJ.

Step-by-Step Analysis

1. Identify the international crime: Determine the specific crime being prosecuted, such as genocide or war crimes.
2. Analyze the jurisdiction: Examine the ICC's jurisdiction and whether it applies to the case at hand.
3. Evaluate the evidence: Assess the quality and quantity of evidence presented in the case.
4. Consider the context: Take into account the historical, political, and social context in which the crime was committed.
5. Apply international law: Use international law and norms to evaluate the case and determine the appropriate outcome.
6. Consider the implications: Think about the broader implications of the case for international justice and global governance.

Common Misconceptions

• Misconception: The ICC is a world government.
• Correction: The ICC is an international institution that prosecutes individuals for international crimes, but it does not have the power to make laws or govern states.
• Example: The ICC's investigation into war crimes in the Democratic Republic of Congo was not a challenge to the sovereignty of the DRC, but rather an effort to hold individuals accountable for their actions.
• Misconception: The ICC only prosecutes African leaders.
• Correction: The ICC has prosecuted individuals from various regions, including Europe and the Americas.
• Example: The ICC's investigation into war crimes in the former Yugoslavia was not an example of "African bias," but rather a response to atrocities committed in a conflict that involved multiple ethnic groups.
• Misconception: The ICC is a substitute for national justice systems.
• Correction: The ICC is a complement to national justice systems, and it only prosecutes cases where national courts are unable or unwilling to do so.
• Example: The ICC's investigation into war crimes in Libya was not a challenge to the Libyan government's ability to prosecute its own citizens, but rather an effort to fill a gap in justice where national courts were unable to act.

Exam / Essay Tips

• Typical question patterns: Expect questions that ask you to apply international law and norms to specific cases or scenarios.
• Deploying theories: Use theories like just war theory and transnational justice to analyze and evaluate cases.
• Tricky distinctions: Be aware of the difference between international law and national law, as well as the distinction between international cooperation and international governance.
• Historical and current examples: Use examples from history and current events to illustrate your points and demonstrate your understanding of ICJ.

Quick Practice Scenario

Scenario: The ICC is investigating war crimes committed in the conflict between Ukraine and Russia. Using the concept of international cooperation, explain why the ICC is involved in this case. Which other IR theory would predict a different outcome and why?

Answer: The ICC is involved in this case because international cooperation allows states to work together to achieve common goals, such as promoting justice and accountability. A realist would predict a different outcome, arguing that the ICC's involvement is a threat to state sovereignty and that Russia will resist international intervention.

Last-Minute Cram Sheet

• Key theorists: Hugo Grotius, Emmerich de Vattel, Thomas Aquinas, Michael Walzer, Ruti Teitel, Antonio Cassese, Hans Kelsen, Immanuel Kant, Hans Morgenthau, John Vincent, James Rosenau, Peter Haas.
• Treaties: Geneva Conventions, Rome Statute, International Covenant on Civil and Political Rights.
• Dates: 1945 (UN Charter), 1998 (Rome Statute), 2002 (ICC's first investigation).
• Acronyms: ICC (International Criminal Court), ICTY (International Criminal Tribunal for the former Yugoslavia), ICTR (International Criminal Tribunal for Rwanda).
• Trap distinctions: ⚠️ "International law" is not the same as "national law."
• ⚠️ "State sovereignty" does not mean absolute freedom to do anything."
• ⚠️ "International cooperation" is not the same as "international governance."