International Criminal Law Meaning, Nature and

Scope

Project work
Submitted to
Rayat College of Law

in Partial Fulfilment

of the Requirements for the Degree of

B.A. LL. B (Sem- 6)

Submitted by:

Akshit Bhardwaj

Roll no. 20065

Under the supervision of

Ajitabh Mishra

Assistant Professor (Law)

Rayat College of Law

Table Of Contents:

S.NO. TOPIC

1. Index
2. Acknowledgements

a. Introduction

b.
Meaning, Nature and Scope
c. Sources

d. Nuremberg & Tokyo

Tribunal
e.
ICTY and ICTR
3. Conclusion & Bibliography
Acknowledgement
I am using this opportunity to express my gratitude to everyone who supported me throughout
the course of this International criminal law project. I am thankful for the aspiring guidance,
invaluably constructive criticism and friend advice during the project work. I am sincerely
grateful to them for sharing their truthful and illuminating views on a number of issues related to
the project. I will strive to use gained skills and knowledge in the best possible way, and I will
continue to work on their improvement.

I express my warm thanks to my subject teacher Ajitabh Mishra for giving me the opportunity to
work on this topic and without her support and guidance, I would have not completed this
project.

Furthermore, I would also like to acknowledge with much appreciation the crucial role of the
library staff of the department, who gave the permission to use all required equipment, books
and necessary material required to complete the task, and thanks to all the people who provided
me with the facilities being required and conductive conditions for my Family law project. I
choose this moment to acknowledge their contribution gratefully.

A special thanks goes to my class mate, who help me to assemble the parts and gave suggestion
about the task.

I also acknowledge with a deep sense of reverence, my gratitude towards my parents and
members of my family, who has always a supported me morally as well as economically.

Any omission in this brief acknowledgement does not mean lack of gratitude.

- Akshit Bhardwaj
INTRODUCTION

International Criminal Law (ICL) is one of the most dynamic and significant areas of modern
international law. It has emerged in response to the most serious crimes that shock the
conscience of humanity—such as genocide, war crimes, crimes against humanity, and the crime
of aggression. The field represents a major shift in legal thinking, where individuals—including
heads of state and military leaders—can be held personally responsible for acts committed
during armed conflicts or periods of mass violence.

This project explores the foundational aspects of International Criminal Law, starting with its
meaning, nature, and scope. It further delves into the legal sources that form its backbone and
highlights the importance of the Nuremberg and Tokyo Tribunals in establishing the principle of
individual criminal responsibility. The role of the International Criminal Tribunal for the former
Yugoslavia (ICTY) and the International Criminal Tribunal for Rwanda (ICTR) is also
discussed, showcasing their contribution to the development of international legal norms.

Finally, the project concludes with an in-depth case study of Prosecutor v. Charles Ghankay
Taylor, a landmark case in which a former head of state was held accountable for
international crimes, reinforcing the notion that justice can prevail, even at the highest levels
of power.
1. Meaning, Nature and Scope of International Criminal Law

MEANING
It refers to a body of laws and rules that deal with the prosecution and punishment of
individuals who have committed serious crimes that have an international impact.
ICL1 is a branch of public international law and is distinct from domestic criminal law.

International Criminal Law refers to a set of rules and norms that aim to hold individuals
accountable for committing serious crimes that have an international dimension.
The concept of ICL emerged in the aftermath of World War II, when the international
community recognized the need for a legal framework to prosecute individuals responsible for
war crimes, crimes against humanity, and genocide.
DEFINITION
Antonio Cassese: “It is the branch of PIL because both have same sources of Law.” Natalia M.
Luter stein: It entails individual criminal responsibility for international crimes such as war
crime, crime against humanity, Genocide, jus cogens (core crimes)
Nature of International Criminal Law:
ICL is a relatively new field of law that has emerged in response to the need to address
atrocities that have international ramifications, such as war crimes, crimes
against humanity, and genocide.
ICL is based on the principles of individual criminal responsibility, which means that
individuals who commit these crimes can be held accountable, regardless of their official
position or affiliation with a state.
ICL is a branch of public international law that focuses on prosecuting individuals who have
committed serious international crimes.
Unlike domestic criminal law, which is enforced by individual states, ICL is enforced by
international institutions such as the International Criminal Court (ICC) and ad hoc tribunals.
Scope of International Criminal Law
• Public international Law is concerned with the rights and obligations of the State, International
Organisations but International Criminal Law is that body of International Law which relates to
the Individual liability.

1
International Criminal Law (ICL) – International Criminal Law is the body of laws that defines international
crimes and regulates the prosecution of individuals responsible.
• The scope of International Criminal Law is related to the specific International Crime which
affect the international community at large
• Over the Last century the international community has reaffirmed the importance of the
protection and prohibition of basic human values and making person liable for the commitment
of such crimes.
• The following are the specific crimes that attract individual responsibility at international law:
1. Piracy
2. Slavery
3. Genocide: it is the intent to destroy national, ethical, racial or religious group wholly or
partially. the act which tends to genocide
are:
1. Killings.
2. Causing serious bodily harm.
3. Inflicting the condition of life calculated to bring about its physical destruction. imposing
measures intended to prevent birth; or
4. Forcibly transferring children of the group to another group.
• Genocide is not a crime which is necessarily defined by numbers or outcome rather by specific
intent to destroy a group as such.
• This crime is codified in:
• UN Genocide convention
• Rome statute2 of ICC
• Examined in detain in ICT for Rwanda
4. Torture and cruel, inhuman or degrading punishment
5. Aggression
6. Crime against Humanity: It is widespread or systematic attack on a Civilian population which
includes:
1. Murder
2. Terrorism
3. Extermination (mass killing of a group of people)
4. Enslavement
5. Torture
6. Deportation or forcible transfer of population
7. Imprisonment
8. Other severe deprivation of physical liberty like:
1. Persecution (hostility or ill treatment because of race, political or religious belief)
2. Rape and Sexual violence

3. Enforced disappearance
War Crimes:
• These are those crimes which occurs in the context of an armed conflict.
2
Rome Statute – The Rome Statute is the treaty that established the International Criminal Court (ICC) in 1998.
2. Sources of International Criminal Law

International Criminal Law draws on various sources of law, including international treaties,
customary international law, and general principles of law recognized by the international
community.

International Treaties:
International treaties are formal agreements between states that set out rules and obligations
related to specific issues.
Treaties related to ICL include the Rome Statute of the International Criminal Court (ICC),
which established the ICC and defines the crimes within its jurisdiction.
Other relevant treaties include the Geneva Conventions and their Additional Protocols, which
provide protections for victims of armed conflicts.

Customary International Law:

Customary international law refers to unwritten rules and practices that have been accepted by
states over time as legally binding.
Customary international law has played an important role in the development of ICL, particularly
in areas where international treaties have not been adopted.
Examples of customary international law in the context of ICL include the principle of individual
criminal responsibility, the prohibition against torture, and the prohibition
against slavery and forced labor.
General Principles of Law:
General principles of law recognized by the international community are legal principles that
are not specific to any particular system of law but are recognized as
universally applicable.
General principles of law have been used to fill gaps in the law and to guide the interpretation
and implementation of international law
Examples of general principles of law in the context of ICL include the principle of nullum
crimen sine Lege (no crime without law), the principle of non bis in idem (double jeopardy), and
the principle of fair trial.
Judicial Activism:
Judicial activism refers to the use of judicial power to shape the development of the law and to
promote human rights and the rule of law.
Judicial activism has played an important role in the development of ICL, particularly in
interpreting and applying the law in a manner that reflects evolving legal and moral
norms.
Examples of judicial activism in the context of ICL include the decisions of the ICC and other
international tribunals that have expanded the scope of individual criminal responsibility and
recognized new forms of international crimes.

Case Law:
Case law refers to decisions made by international tribunals and other international bodies that
interpret and apply the law.
Case law has played an important role in the development of ICL, particularly in clarifying the
meaning of legal concepts and defining the elements of specific crimes.
Examples of case law in the context of ICL include the decisions of the ICC, the International
Criminal Tribunal for the former Yugoslavia (ICTY), and the International Criminal Tribunal for
Rwanda (ICTR).

3. Nuremberg & Tokyo Tribunals

The Nuremberg Tribunal3 (1945–46) was established by the Allied powers following World War
II to try major Nazi leaders for crimes against peace, war crimes, and crimes against humanity. It
marked a historic moment in international law by setting a precedent for individual criminal
responsibility at the international level. One of the key cases was that of Hermann Göring, who
was found guilty on all counts but committed suicide before his execution.
The Tokyo Tribunal, officially known as the International Military Tribunal for the Far East
(IMTFE), operated from 1946 to 1948 and prosecuted Japanese military and political leaders for
similar offenses. A notable figure, General Hideki Tojo, was convicted and executed.
Both tribunals significantly contributed to the foundation of modern International Criminal Law.
They introduced the concept of holding state leaders accountable for international crimes and
laid the groundwork for future prosecutions by international tribunals.
This subject is not only important from a legal standpoint but also carries immense humanitarian
significance. As global conflicts continue and evolve, the role of international criminal law in
ensuring justice becomes ever more crucial. Moreover, its applications are expanding, as
international courts and tribunals address increasingly complex crimes with broader
jurisdictional reach. Understanding the principles of ICL helps nations cooperate in upholding
justice, deterring future atrocities, and fostering a world order based on accountability and the
rule of law.
3
Nuremberg Tribunal – The Nuremberg Tribunal was the first international war crimes tribunal held after World
War II.

ICTY4 and ICTR5

On 25 May 1993, the UN Security Council passed resolution 827 formally establishing the
International Criminal Tribunal for the former Yugoslavia [ICTY]. This resolution contained the
Statute of the ICTY which determined theTribunal’s jurisdiction and organisational structure, as
well as the criminal procedure in general terms. This was the first war crimes court established
by the UN and the first international war crimes tribunal since the Nuremberg and Tokyo
tribunals. Experts say that date marked the beginning of the end of impunity for war crimes in the
former Yugoslavia.
Mandate and Jurisdiction
The mandate of the Tribunal is to bring to justice those responsible for serious violations of
international humanitarian law committed in the former Yugoslavia since 1991 and thus
contribute to the restoration and maintenance of peace in the region.
Subject-matter jurisdiction:

The Tribunal has authority to prosecute and try individuals on four categories of
offences:
1. Grave breaches of the 1949 Geneva conventions,
2. Violations of the laws or customs of war,
3. Genocide and
4. Crimes against humanity.
The ICTY has no authority to prosecute states for aggression or crimes against peace which are
within the jurisdiction of The International Court of Justice.
Grave breaches of the Geneva Conventions of 1949
Article 2 grants the Tribunal jurisdiction to try persons for “grave breaches” of the Geneva
Conventions of 12 August 1949 in international armed conflicts.
Article 2 of ICTY Statute
“The International Tribunal shall have the power to prosecute persons committing or ordering to
be committed grave breaches of the GenevaConventions of 12 August 1949, namely the
following acts against persons or property protected under the provisions of the relevant Geneva
Convention:
4
ICTY – The International Criminal Tribunal for the former Yugoslavia (ICTY) prosecuted serious crimes committed
during the Yugoslav Wars.
5
ICTR – The International Criminal Tribunal for Rwanda (ICTR) was established to address crimes committed
during the 1994 genocide.
(a) wilful killing.
(b) torture or inhuman treatment, including biological experiments.
(c) wilfully causing great suffering or serious injury to body or health.
(d) extensive destruction and appropriation of property, not justified by military necessity and
carried out unlawfully and wantonly;
(e) compelling a prisoner of war or a civilian to serve in the forces of a hostile power;
(f) wilfully depriving a prisoner of war or a civilian of the rights of fair and regular trial;
(g) unlawful deportation or transfer or unlawful confinement of a civilian;
(h) taking civilians as hostages. “

Violations of the laws or customs of war

Article 3 confers jurisdiction over other serious violations of the laws and customs of war, both
in international and non-international armed conflicts, including violations of the Hague law on
international conflicts, infringements of the Geneva Conventions other than those classified as
“grave breaches” by those Conventions and violations of certain rules applicable to internal
conflicts.

Article 3 of ICTY Statute

“The International Tribunal shall have the power to prosecute persons violating the laws or customs
of war. Such violations shall include, but not be limited to:
(a) employment of poisonous weapons or other weapons calculated to cause unnecessary suffering;
(b) wanton destruction of cities, towns or villages, or devastation not justified by military
necessity;
(c) attack, or bombardment, by whatever means, of undefended towns, villages, dwellings, or
buildings;
(d) seizure of, destruction or wilful damage done to institutions dedicated to religion, charity and
education, the arts and sciences, historic monuments and works of art and science;
(e) plunder of public or private property.”

Genocide
Article 4 of the Statute is derived directly from the Genocide Convention of 1948 and requires
the unique mental element of specific intent to destroy, in whole or in part, a national, ethnical,
racial or religious group, as such.

Article 4 of ICTY Statute

“1. The International Tribunal shall have the power to prosecute persons committing genocide
Crimes against humanity

Article 5 confers on the Tribunal jurisdiction over crimes against humanity. It requires that
perpetrators of crimes against humanity committed one or more of the offences enumerated in
the article’s provisions with the knowledge that their acts formed part of a widespread or
systematic attack against a civilian population. The Statute grants jurisdiction over only those
crimes against humanity committed in armed conflict, whether international or internal,
signalling a departure from customary international law. (The existence of an armed conflict is a
prerequisite to triggering the Tribunal's jurisdiction.)

Article 5 of ICTY Statute

“The International Tribunal shall have the power to prosecute persons responsible for the
following crimes when committed in armed conflict, whether international or internal in
character, and directed against any civilian population:
(a) murder;
(b) extermination;
(c) enslavement;
(d) deportation;
(e) imprisonment;
(f) torture;
(g) rape
(h) persecutions on political, racial and religious grounds;
(i) other inhumane acts.”
Its organisational components were Chambers, Registry and the Office of the Prosecutor
(OTP).
The Prosecutor was responsible for investigating crimes, gathering evidence and prosecutions
and was head of the Office of the Prosecutor (OTP). The Prosecutor was appointed by the UN
Security Council upon nomination by the UN secretary-general.[26]
The last prosecutor was Serge Brammertz.
Chambers
Chambers encompassed the judges and their aides. The tribunal operated three Trial Chambers
and one Appeals Chamber. The president of the tribunal was also the presiding judge of the
Appeals Chamber.

Registry
The Registry was responsible for handling the administration of the tribunal; activities included
keeping court records, translating court documents, transporting and accommodating those who
appear to testify, operating the Public Information Section, and such general duties as payroll
administration, personnel management and procurement. It was also responsible for the
Detention Unit for indictees being held during their trial and the Legal Aid program for indictees
who cannot pay for their own defence. It was headed by the Registrar,

The International Criminal Tribunal for Rwanda

Historical background
Following the assassination of Rwandan President, Juvenal Habyarimana, who belonged to Hutu
tribal group, on 6 April 1994, Rwanda descended into civil war and genocide. Hutu extremists in
the National Republican Movement for Development and Democracy (MRND) and the Rwandan
Armed Forces (RAF) launched an extermination campaign against moderate Hutu and the entire
Tutsi ethnic minority. By the time the civil war and genocide ended on 19 July 1994, over
800,000 Rwandans had been murdered. In response to Genocide and systematic, widespread and
flagrant violations of International Humanitarian Law in Rwanda, the UN Security Council,
acting under Chapter VII of the United Nations Charter, created the International Criminal
Tribunal for Rwanda (ICTR) by resolution 955 of 8 November 1994. The ICTR is the first
international court of law established in Africa to prosecute high-ranking individuals for massive
human rights violations. It was established for the prosecution of persons responsible for
genocide and other serious violations of international humanitarian law committed in the
territory of Rwanda between 1 January 1994 and 31 December 1994. It may also deal with the
prosecution of Rwandan citizens responsible for genocide and other such violations of
international law committed in the territory of neighbouring States during the same period. In the
particular circumstances of Rwanda, the Security Council asserted that the prosecution of
persons responsible for serious violations of international humanitarian law will contribute to the
process of national reconciliation and to the restoration and maintenance of peace in
 Rwanda and in the region.

Legal precedents set by the ICTR

On 9 January 1997, the ICTR held its first trial, one of the most momentous cases in international
law: The Prosecutor v. Jean-Paul Akayesu. During the 1994 Rwandan Genocide, Jean-Paul
Akayesu served as the mayor of Taba, a city in which thousands of Tutsis were systematically
raped, tortured and murdered. At the start of his trial, Akayesu faced 12 charges of genocide,
crimes against humanity and violations of common article 3 of the 1949 Geneva Conventions in
the form of murder, torture and cruel treatment. In June 1997, the Prosecutor added “three counts
of crimes against humanity and violations of common article 3/Additional Protocol II for rape,
inhumane acts and indecent assault” (Report of the ICTR (S/1997/868)). These additional counts
marked the first time in the history of international law that rape was considered a component of
genocide. On 2 September 1998, the ICTR found Akayesu guilty of nine counts of genocide,
direct and public incitement to commit genocide and crimes against humanity for extermination,
murder, torture, rape and other inhumane acts. The conviction of Akayesu marked “the first in
which an international tribunal was called upon to interpret the definition of genocide as defined
in the Convention for the Prevention and Punishment of the Crime of Genocide

Jurisdiction
Temporal Jurisdiction [RATIONE TEMPORIS]: crimes committed between 1 January and 31
December 1994. Personal Jurisdiction and Territorial Jurisdiction [RATIONE PERSONAE ET
RATIONE LOCI]: crimes committed by Rwandans in the territory of Rwanda and in the
territory of neighboring States, as well as non-Rwandan citizens for crimes committed in
Rwanda. Subject- matter jurisdiction [RATIONE MATERIAE]:
The following acts shall be punishable.
1. genocide,
2. crimes against humanity,
3. violations of Article 3 common to the Geneva Conventions and of
Additional Protocol II
Composition of the ICTR
The ICTR consists of three major organs: the Chambers, the Office of the Prosecutor and the
Registry. There are four Chambers in which judges adjudicate trials and motions before the
ICTR: three lower Trial Chambers and one Appeals Chamber. Although all three of the lower
Trial Chambers are located in Arusha, the ICTR Appeals Chamber also adjudicates for the
International Criminal Tribunal for the former Yugoslavia, and is located in The Hague,
Netherlands.

4. Case Law: Prosecutor v. Charles Ghankay Taylor

Charles Taylor6, the former President of Liberia, was tried by the Special Court for Sierra Leone
(SCSL) for his involvement in the Sierra Leone Civil War. He faced 11 counts, including war
crimes, crimes against humanity, and serious violations of international humanitarian law.
Among the charges were murder, rape, sexual slavery, the use of child soldiers, acts of terrorism,
and enslavement.

On April 26, 2012, Charles Taylor was found guilty and sentenced to 50 years in prison. His
conviction was significant, as it marked the first time since the Nuremberg Trials that a former
head of state was held accountable by an international tribunal. This case reinforced the principle

that no individual, regardless of their political status, is above the law. It also paved the way for
the continued development and legitimacy of international criminal justice systems.

This subject is not only important from a legal standpoint but also carries immense humanitarian
significance. As global conflicts continue and evolve, the role of international criminal law in
ensuring justice becomes ever more crucial. Moreover, its applications are expanding, as
international courts and tribunals address increasingly complex crimes with broader
jurisdictional reach. Understanding the principles of ICL helps nations cooperate in upholding
justice, deterring future atrocities, and fostering a world order based on accountability and the
rule of law.

International Criminal Law continues to evolve as global events unfold, with new precedents
being set in courts and new treaties shaping the legal landscape. The importance of this field
cannot be overstated, as it forms the backbone of efforts to promote global peace and security.
From holding warlords and heads of state accountable to strengthening international cooperation,
ICL stands as a pillar of hope and justice in a world still grappling with conflict and
inequality.
Additionally, educational institutions, governments, and international organizations are
increasingly investing in research, training, and policy-making to advance the implementation of
ICL. These efforts not only empower future legal professionals but also contribute to a stronger
international system of justice.

6
Charles Taylor – Charles Taylor was the former president of Liberia convicted for aiding and abetting war crimes
during the Sierra Leone civil war.
 Conclusion

International Criminal Law has emerged as a powerful legal framework dedicated to upholding
justice, human dignity, and global peace. Its development marks a significant evolution in the
international legal order—from a time when only states could be held accountable, to an era
where individuals, including political and military leaders, are prosecuted for the gravest crimes
known to humanity.

The foundations of ICL were laid during the historic Nuremberg and Tokyo Tribunals, which
introduced the radical but essential idea that individuals could not escape liability for war crimes
simply because they were following orders or holding high office. These tribunals served as the
first global expressions of accountability in the wake of mass atrocities, and they provided the
legal and moral compass for future international criminal proceedings.

The case of Prosecutor v. Charles Ghankay Taylor is a milestone in modern international

criminal jurisprudence. It reaffirmed the principle that no one—not even a head of state—is
above the law. Taylor’s conviction by the Special Court for Sierra Leone sent a clear message to
political leaders and warlords around the world: those who commit or aid in the commission of
heinous crimes will be held accountable. It also provided a sense of justice and closure to the
victims of the Sierra Leone civil war, many of whom endured unimaginable suffering.
 References

Primary Legal Sources:

1. Charter of the United Nations, 1945

2. Rome Statute of the International Criminal Court, 1998

3. Geneva Conventions, 1949 and Additional Protocols

4. Statute of the International Criminal Tribunal for the former Yugoslavia (ICTY), 1993

5. Statute of the International Criminal Tribunal for Rwanda (ICTR), 1994

6. London Charter of the International Military Tribunal (Nuremberg Charter), 1945

7. Charter of the International Military Tribunal for the Far East (Tokyo Charter), 1946
Cases:

1. Prosecutor v. Charles Ghankay Taylor, Special Court for Sierra Leone (Judgment, 2012)

2. United States v. Hermann Göring (Nuremberg Tribunal)

3. Prosecutor v. Slobodan Milošević, ICTY

4. Prosecutor v. Jean-Paul Akayesu, ICTR

Books and Commentaries:

1. Bassiouni, M. Cherif. Introduction to International Criminal Law, Brill, 2003.

2. Cassese, Antonio. International Criminal Law, Oxford University Press, 2008.

Journal Articles and Online Resources:

1. International Criminal Court official website – https://www.icc-cpi.int

2. United Nations – International Law – https://www.un.org/en/global-issues/international-law

3. International Justice Resource Center – https://ijrcenter.org

4. “Justice in the aftermath of conflict: ICTY and ICTR” – Journal of International Criminal
Justice