International Bachelor of LAW Program 2019 – 2020
International
Course Notes by 18024580 Page 1 of 24
Criminal Law
Course Notes
Lecture 1: Foundations and Principles of International Criminal Law (ICL)
▪ The Concept and Sources of ICL
ICL is a body of public international law designed to prohibit certain categories of conduct commonly
viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their
perpetration.
The five sources of ICL used by international and hybrid criminal courts generally are: 1) treaty law; 2)
customary law; 3) general principles of law; 4) case law (subsidiary source); and 5) learned writings
(subsidiary source).
▪ Foundations and Principles of ICL
ICL is a branch of public international law (PIL), therefore, sources correspond to those of PIL such as
the Montevideo Convention. In Human Rights Law (HRL), the state occupies a special position in this
field of law.
Article 38(1) ICJ Statute
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 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 rules of
international law.
The ICL is at the crossroads between
different fields of law.
ICL stems from International
Humanitarian Law (war crimes) and
International Human Rights Law
(genocide).
KEY PRINCIPLES:
• Individual criminal responsibility:
responsibility (guilty) under ICL only for
what the individual has personally done
(actus reus and mens rea).
• Principle of legality “nullum crimen
sine lege”: “lege certa” non-retroactive
and accessible.
• Principle in dubio pro reo: in law, and
in evidence
International
Course Notes by 18024580 Page 1 of 24
Criminal Law
Course Notes
Lecture 1: Foundations and Principles of International Criminal Law (ICL)
▪ The Concept and Sources of ICL
ICL is a body of public international law designed to prohibit certain categories of conduct commonly
viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their
perpetration.
The five sources of ICL used by international and hybrid criminal courts generally are: 1) treaty law; 2)
customary law; 3) general principles of law; 4) case law (subsidiary source); and 5) learned writings
(subsidiary source).
▪ Foundations and Principles of ICL
ICL is a branch of public international law (PIL), therefore, sources correspond to those of PIL such as
the Montevideo Convention. In Human Rights Law (HRL), the state occupies a special position in this
field of law.
Article 38(1) ICJ Statute
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 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 rules of
international law.
The ICL is at the crossroads between
different fields of law.
ICL stems from International
Humanitarian Law (war crimes) and
International Human Rights Law
(genocide).
KEY PRINCIPLES:
• Individual criminal responsibility:
responsibility (guilty) under ICL only for
what the individual has personally done
(actus reus and mens rea).
• Principle of legality “nullum crimen
sine lege”: “lege certa” non-retroactive
and accessible.
• Principle in dubio pro reo: in law, and
in evidence
