International Criminal Law

International criminal law is a subset of public international law. The sources of international criminal law are treaties, customary international law, general principles of law, judicial decisions (subsidiary source) and writings of eminent legal scholars (subsidiary source). Additionally, specific instruments like the Rome Statute of the International Criminal Court, the statutes of ad hoc tribunals, and their associated rules and regulations also serve as crucial sources of law for international tribunals. 

Statutes and Foundational Instruments of International Courts and Tribunals

1. International Criminal Court (ICC)

• Rome Statute of the International Criminal Court (1998)

• Elements of Crimes (2011)

• Rules of Procedure and Evidence (2013)

2. International Criminal Tribunals

ICTY – International Criminal Tribunal for the former Yugoslavia

• Statute of the ICTY (adopted by UNSC Res. 827, 1993, updated 2009)

• Rules of Procedure and Evidence of the ICTY (2015)

ICTR – International Criminal Tribunal for Rwanda

• Statute of the ICTR (adopted by UNSC Res. 955, 1994)

3. Hybrid and Special Tribunals

Special Court for Sierra Leone (SCSL)

• Statute of the SCSL

Extraordinary Chambers in the Courts of Cambodia (ECCC)

• Law on the Establishment of the ECCC

Special Tribunal for Lebanon (STL)

• Statute of the STL

Kosovo Specialist Chambers (KSC)

• Law on Specialist Chambers and Specialist Prosecutor’s Office

Other Treaties and UN Resolutions

• Nuremberg Principles (1950): formulated by the International Law Commission (ILC), they are a set of legal principles that codify the criminal responsibility for war crimes, crimes against peace, and crimes against humanity, establishing that individuals are accountable under international law. They are based on the Charter of the Nuremberg Military Tribunal and its judgments, and assert that national law does not excuse responsibility, head of state immunity does not apply to these core crimes, and that individuals have a right to a fair trial. 

• Convention on the Prevention and Punishment of the Crime of Genocide (1948). An international treaty that criminalises genocide and obligates state parties to pursue the enforcement of its prohibition. 

• International Convention on the Suppression and Punishment of the Crime of Apartheid (1973) – codified apartheid as a crime against humanity and declared it a violation of the UN Charter.

• Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984) – criminalised torture as an international crime.