COURSE STRUCTURE I. GENERAL PRINCIPLES OF INTERNATIONAL CRIMINAL LAW II. SPECIFIC APPLICATIONS III. INTERNATIONAL CRIMINAL LAW PROCEDURE IV. INTERNATIONAL CRIMES AND INTERNATIONAL TRIBUNALS
TWO LEVELS OF INTERNATIONAL CRIMINAL LAW INTERNATIONAL CRIMINAL COURT AND INTERNATIONAL CRIMINAL TRIBUNALS TRANSNATIONAL AND INTERNATIONAL CRIMES PROSECUTED NATIONALLY
TRANSNATIONAL CRIMES EXAMPLES – COMPUTER CRIMES DRUG CRIMES TERRORISM MONEY LAUNDERING
ERGA OMNES OBLIGATION TO ENFORCE JUS COGENS NORMS
RESTATEMENT (THIRD) OF THE FOREIGN RELATIONS LAW OF THE UNITED STATES CUSTOMARY LAW INTERNATIONAL AGREEMENT FROM GENERAL PRINCIPLES COMMON TO THE MAJOR LEGAL SYSTEMS OF THE WORLD
THE STATUTE OF THE INTERNATIONAL COURT OF JUSTICE ARTICLE 38 • The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: (a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; (b) international custom, as evidence of a general practice accepted as law; (c) the general principles of law recognized by civilized nations; (d) subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of the rules of law.
The Paquete Habana “where there is no treaty, and no controlling executive or legislative act or judicial decision, resort must be had to the customs and usages of civilized nations; and, as evidence of these, to the works of jurists and commentators, who by years of labor, research and experience, have made themselves peculiarly well acquainted with the subjects of which they treat. Such works are resorted to by judicial tribunals, not for the speculations of their authors concerning what the law ought to be, but for trustworthy evidence of what the law really is.”
THE CASE OF THE S.S.LOTUS (FRANCE v. TURKEY)
SOME FACTORS TO CONSIDER 1922 DECISION CONSPIRACY TO DEFRAUD ACT OCCURS OUTSIDE THE UNITED STATES
KEY QUESTIONS WHAT DID CONGRESS INTEND? DID CONGRESS INTEND EXTRATERRITORIALITY?