10. The International Criminal Court &
Lubanga Trial Chamber Decision Study
Guide.
The International Criminal Court - answerThe first non-ad hoc tribunal established by the
international community created for the explicit purpose of prosecuting crimes of international
concern and ensuring that...
10. The International Criminal Court &
Lubanga Trial Chamber Decision Study
Guide.
The International Criminal Court - answer✔✔The first non-ad hoc tribunal established by the
international community created for the explicit purpose of prosecuting crimes of international
concern and ensuring that there is no longer impunity for such crimes. Located in The Hague and
opened its doors for operation in 2002. It took five decades to launch it, delayed by the Cold
War, the launch of the ICTR and ICTY, and the arguments regarding venue. Finally, the Rome
Conference convened in 1998. It can prosecute genocide, war crimes, and crimes against
humanity.
International Law Commission - answer✔✔Created by the UN General Assembly as early as
December 1948 in the same resolution that adopted the Genocide Convention. From 1949
onward, the project of preparing the groundwork for an international criminal court was in the
hands of this body, an institution established explicitly in 1949 to address this challenge. In 1946,
the GA passed a resolution establishing the resolve to establish a commission in international law
and develop progress thereof as a retroactive recognition of the shaky legality of the Nuremberg
tribunals, a way to say that laws had been codified to avoid ex post facto accusations. In the
spring of 1947, the Committee created the ILC. It consisted of nominations by member states
and names submitted to the General Assembly, but once elected, members would be independent
of governance. It began meeting in spring of 1949 and still meets today.
Resolution 260 - answer✔✔Resolution by which the UN adopted the Genocide Convention in
Part A. Part B instructed the International Law Commission to "study the desirability and
possibility of establishing an international judicial organ" for trying genocide, etc., establishing a
"criminal chamber of the International Court of Justice".
International Court of Justice - answer✔✔Predecessor to the ICC. Responsible for resolving
disputes between governments, such as in Nicaragua v. United States. Quoted in the ICTY Tadić
decision. It was built on the foundations of the League of Nations' Permanent Court of
International Justice, which had been located in the Hague's "Palace of Peace" and known
popularly as the "World Court". Initially, the idea was to create a criminal chamber thereof rather
than establishing a separate International Criminal Court.
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