Repression

of Serious
Violations
Of

INTERNATIONAL
INTERNATIONAL
HUMANITARIAN
HUMANITARIAN
LAW
LAW
 Repression of
Serious Violations
Of
INTERNATIONAL
INTERNATIONAL
HUMANITARIAN
HUMANITARIAN
LAW
LAW
Submitted by:
Alimudin, Arveah A.
Catolico, Jerwyn P.
Guialudin, Nuraipa M.
Katug, Mohminin F.
Moyak, Allen Mae H.
Palomo, Arlou John B.
Waling, Mudzamer M.
ii
table of contents
REPRESSION OF SERIOUS VIOLATIONS OF IHL………….. 1
THE POWER OF THE INTERNATIONAL CRIMINAL
COURT........................................................................
GENOCIDE………………………………………………………………...... 1
ARTICLE II 2
INCITEMENT TO COMMIT GENOCIDE……………………………
LEGAL FRAMEWORK FOR GENOCIDE CASES IN 2
ACCORDANCE WITH THE CONVENTION ON THE
PREVENTION AND PUNISHMENT OF THE CRIME OF
GENOCIDE……………………………………………………................. 3
ARTICLE IV
ARTICLE V
ARTICLE VI
ARTICLE VII
ARTICLE VIII
ARTICLE IX
CRIMES AGAINST HUMANITY………………………............... 5
A. ACT COMMITTED AS PART OF AN ATTACK
AGAINST ANY CIVILIAN POPULATION
B. WIDESPREAD OR SYSTEMATIC ATTACK
C. KNOWLEDGE OF THE ATTACK
 iiI

table of contents
WAR CRIMES........................................................ 7
LEGAL FRAMEWORK FOR CRIMES AGAINST
HUMANITY AND WAR CRIME CASES IN ACCORDANCE
WITH THE CONVENTION ON THE NON-APPLICABILITY
OF STATUTORY LIMITATIONS TO WAR CRIMES AND
CRIMES AGAINST HUMANITY………............................... 8
ARTICLE I
ARTICLE II
ARTICLE III
ARTICLE IV
GENERAL PRINCIPLES APPLICABLE TO ALL
INTERNATIONAL CRIMES……….... 10
A. NON-APPLICABILITY OF STATUTORY
LIMITATIONS
B. MODES OF PARTICIPATION
1
repression of
serious
violations of
Ihl
Violations of the International
Humanitarian Law are commonly and
acceptably categorized into three
variables, these are: genocide, crimes
against humanity, and war crimes. Each
of these have their own specific and
usual determinants that will sequester
acts of aggression and violence into
either of the three presented alternative
crime umbrellas.

For instances like those mentioned

above, the International Criminal Court
in The Hague acts as the court's legal
branch. The Rome Statute was made
available for signature by the UN in
1998, and 60 countries finally signed it.
Through the Statute, the International
Criminal Court was established in 2002.
Investigation and justice-seeking against
war criminals are its objectives.

The power of International

Criminal Court (ICC)
The ICC can only examine a case if either the
country where the offence was committed or the
perpetrator's country of origin is a party to the
Rome Statute. The ICC may only exercise its
authority if the national court is unable or unwilling
to do so. The ICC only has jurisdiction over crimes
committed after the Statute went into effect on
July 1, 2002.
For instances like those mentioned above, the International 2
Criminal Court in The Hague acts as the court's legal branch.
The Rome Statute was made available for signature by the UN
in 1998, and 60 countries finally signed it. Investigation and
justice-seeking against war criminal

GENOCIDE
-is defined by article 2 of the Convention on the
Prevention and Punishment of the Crime of
Genocide, which came into effect on 12 January
1951.

ARTICLE
ARTICLE IIII
In the present Convention, genocide means any of the
following acts committed with intent to destroy, in whole
or in part, a national, ethnical, racial or religious group, as
Such:
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of
the group;
(c) Deliberately inflicting on the group conditions of life
calculated to bring about its
physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within
the group;
(e) Forcibly transferring children of the group to another
group.

Incitement to commit
Genocide
The 1948 Convention's political execution idea included in the
ICC Statute's article 6. This does not protect political groups.
The perpetrator of genocide must intend to kill at least a
considerable fraction of a protected group. "Genocide" has no
context and can occur without war. In addition to the material
elements (or actus reus), the perpetrator's explicit
pronouncements or, as with any crime, deductions from
indirect evidence of intent may prove intent. Even though it's
not necessary or relevant, the accused's purpose can be proven
by destroying a major portion of the group. "Genocide" can
happen anytime, anywhere, can be perpetrated at any time
without an armed war, regardless of circumstances.
3 Legal framework for Genocide
cases in accordance to the
Convention on the Prevention and
Punishment of the Crime of Genocide

ARTICLE
ARTICLE IV
IV ARTICLE
ARTICLE VV
IPersons committing genocide or The Contracting Parties
any of the other acts undertake to enact, in
enumerated in article III shall be accordance with their respective
punished, whether they are Constitutions, the necessary
constitutionally responsible legislation to give effect to the
rulers, public officials or private provisions of the present
individuals. Convention, and, in particular, to
provide effective penalties for
persons guilty of genocide or any
ARTICLE
ARTICLE VI
VI of the other acts enumerated in
Persons charged with genocide
article III.
or any of the other acts
enumerated in article III shall be
tried by a competent tribunal of
the State in the territory of
which the act was committed, or
by such international penal
tribunal as may have jurisdiction
with respect to those
Contracting Parties which shall
have accepted its jurisdiction.
 4
ARTICLE
ARTICLE VII
VII
Genocide and the other acts
enumerated in article III shall not
be considered as political crimes
for the purpose of extradition.
The Contracting Parties pledge
themselves in such cases to
grant extradition in accordance
with their laws and treaties in
force.

ARTICLE
ARTICLE VIII
VIII
Any Contracting Party may call
upon the competent organs of
the United Nations to take such
action under the Charter of the
United Nations as they consider
appropriate for the prevention
and suppression of acts of
genocide or any of the other acts
enumerated in article III.

ARTICLE
ARTICLE IX
IX
Disputes between the
Contracting Parties relating to
the interpretation, application or
fulfilment of the present
Convention, including those
relating to the responsibility of a
State for genocide or for any of
the other acts enumerated in
article III, shall be submitted to
the International Court of
Justice at the request of any of
the parties to the dispute.
5
CRIMES AGAINST
HUMANITY
According to article 6(c) of the
International Military Tribunal of
Nuremberg and article 5(C) of the
International Military Tribunal of
Tokyo, "Crimes against humanity
namely, murder, extermination,
enslavement, deportation, and
other inhumane acts committed
“Any of the following acts when against any civilian population,
committed as part of a widespread before or during the war, or
or systematic attack directed persecutions on account of the
against any civilian population, war, are crimes against humanity."
with the knowledge of the attack Leaders, organizers, instigators,
such as murder, extermination, and accomplices who formulate or
enslavement, deportation or execute a common plan or
forcible transfer of population, conspiracy to conduct any of the
imprisonment or other severe foregoing offenses are accountable
deprivation of physical liberty in for all acts undertaken by any
violation of fundamental rules of persons in execution of such plan."
international law, torture and othe
In addition to the material
elements enumerated in (a)
through (k), the crimes against
humanity require that:
 6
a. Act Committed as part of an
Attack
c.Knowledge of the Attack
against any Civilian Population
ICC Statute defines attack as a The UN's definition of 'mens rea'
course of conduct involving the does not require that the accused
commission of multiple acts. Art.7 be identified with the ideology,
(2)(a) of the ICC Statute states that policy or plan in whose name mass
within a single attack there may crimes were perpetrated nor even
exist a combination of the that he supported it. It suffices that
enumerated crimes, for example he knowingly took the risk of
murder, rape and deportation. participating in the implementation
Even if some non-civilians are of such an ideology or plan.
present, the population against
which the attack is directed must The contextual aspect establishes
primarily be civilian. that crimes against humanity
involve either widespread or
b.Widespread or Systematic Attack methodical brutality (systematic).
This excludes random violence.
In the case of Akayesu, ICTR, TC, According to Article 7(2)(a) of the
Judgment of September 2, 1998, it Rome Statute, crimes against
is not necessary to check if the humanity must be committed in
other criterion is also satisfied. The pursuance of a state or
term "widespread" refers to the organizational policy to commit an
large scale of the crimes assault. The plan or policy can be
committed and the number of deduced from the facts without
victims. Systematic refers to a being openly stated or accepted.
pattern or methodical plan or
policy with substantial public or
private resources.
7
WAR CRIMES

The Court has jurisdiction over war crimes committed as part of a plan or
policy or in large numbers. This Statute defines "war crimes" as grave
breaches of the Geneva Conventions, other serious violations of the law
and customs applicable in international armed conflict, and in the case
of an armed conflict not of an international character, serious violations
of article 3 common to the four Geneva Conventions and other serious
violations within the established framework of the Geneva Conventions.

Internal armed conflicts have a more

narrow range of war crimes since they
are committed against protected
individuals and all IHL violations during
an armed conflict are war crimes (for
instance: prisoners of war, civilians who
did not actively participate in the
conflict). War crimes must be "closely
tied to the conflicts" (Tadic case, ICTY,
AC, Judgment of 2 October 1995). This
implies a war crime occurred before
and during the war. The Kunarac case
(ICTY, AC, June 12, 2002) described the
link between the armed conflict and
the alleged offense. While the armed
conflict need not have been directly
related to the crime, it must have had a
significant impact on the perpetrator's
capacity, judgment, method, or aim.
 8
Legal framework for Crimes
Against Humanity and War
Crime cases in accordance
to Convention on the Non-
Applicability of Statutory
Limitations to War Crimes
and Crimes Against Humanity

ARTICLE
ARTICLE II
No statutory limitation shall apply to
the following crimes, irrespective of the
date of their commission:

(a) War crimes as they are defined in the

Charter of the International Military
Tribunal, Nürnberg, of 8 August 1945
and confirmed by resolutions 3 (I) of 13
February 1946 and 95 (I) of 11
December 1946 of the General
Assembly of the United Nations,
particularly the "grave breaches"
enumerated in the Geneva Conventions
of 12 August 1949 for the protection of
war victims;
(b) Crimes against humanity whether committed in time of war or in
time of peace as they are defined in the Charter of the International
Military Tribunal, Nürnberg, of 8 August 1945 and confirmed by
resolutions 3 (I) of 13 February 1946 and 95 (I) of 11 December 1946 of
the General Assembly of the United Nations, eviction by armed attack
or occupation and inhuman acts resulting from the policy of apartheid
, and the crime of genocide as defined in the 1948 Convention on the
Prevention and Punishment of the Crime of Genocide, even if such
acts do not constitute a violation of the domestic law of the country in
which they were committed.
9
ARTICLE
ARTICLE IIII
If any of the crimes mentioned in
article I is committed, the
provisions of this Convention shall
apply to representatives of the
State authority and private
individuals who, as principals or
accomplices, participate in or who
directly incite others to the
commission of any of those crimes,
or who conspire to commit them,
irrespective of the degree of
completion, and to representatives
of the State authority who tolerate
their commission.

ARTICLE
ARTICLE III
III
The States Parties to the present
Convention undertake to adopt all
necessary domestic measures,
legislative or otherwise, with a view to
making possible the extradition, in
accordance with international law, of
the persons referred to in article II of
this Convention.

ARTICLE
ARTICLE IV
IV
The States Parties to the present Convention
undertake to adopt, in accordance with their
respective constitutional processes, any
legislative or other measures necessary to
ensure that statutory or other limitations shall
not apply to the prosecution and punishment
of the crimes referred to in articles I and II of
this Convention and that, where they exist,
such limitations shall be abolished.
 10
General Principles
Applicable to all
International Crimes
A.NON-APPLICABILITY
A.NON-APPLICABILITY OF OF STATUTORY
STATUTORY
LIMITATIONS
LIMITATIONS

War crimes, crimes against humanity, and

genocide are not subject to statute
limitation under article 1 of the Convention
on the Non-Applicability of Statutory
Limitations to War Crimes and Crimes
against Humanity, 26 November 1968: (a)
War crimes as defined in the Charter of the
International Military Tribunal, Nürnberg, of
8 August 1945 and confirmed by resolutions
3 (I) of 13 February 1946 and 95 (I) of 11
December 1946 of the General Assembly of
the United Nations, particularly the "grave
breaches" enumerated in the Geneva
Convention of 12 August 1949 for the
protection of war victims; (b) Crimes against
humanity whether committed in war or
peace as defined i.
"Crimes within its jurisdiction shall not be
subject to any statute of limitations,"
according to Art. 29 of the International
Criminal Court Statute. The European
Convention on the Non-Applicability of
Statutory Limitations to Crimes Against
Humanity and War Crimes, signed on January
25, 1974, took effect on June 27, 2003. This
idea allows for sentencing and judicial
proceedings regardless of when the offense
occurred. It is only useful for civil law nations
because common law nations have no criminal
offense statutory limitations.
11 B.
B. MODES
MODES OF
OF PARTICIPATION
PARTICIPATION

Participating in crimes includes planning,

inciting, ordering, committing, aiding and
abetting, and collaborative criminal
behavior. Categories: All co-conspirators
have a criminal objective in "basic" JCE.
JCEs to kill have various responsibilities
but the same purpose. Systemic JCE
entails intentional abuse (such as an
extermination or concentration camp).
The third type, "extended" JCE, refers to
instances in which a person performs
something outside the common aim but
is a natural and foreseeable byproduct of
reaching that goal (such as removing
members of one ethnicity from a region
in order to carry out ethnic cleansing and
shooting and killing one or more people
as a result).
This kind of involvement requires a shared
plan, design, or purpose that amounts to or
involves a crime, the accused's significant
engagement, and a plurality of individuals
who do not need to be organized in a
military, political, or administrative
structure. This participation's subjective
element (mens rea) differs by joint criminal
enterprise liability category: The "basic" type
of JCE requires the accused to intend to
commit the offense and participate in a
planned strategy to do so; the second
requires personal knowledge of an organized
criminal structure and the willingness to
further its unlawful goal; and the third
requires the accused to know expressly that
one or more group members would commit
the crime.
stop the
war
and
violence!