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International tribunals: who and how was judged by the world community. International Military Tribunals: Nuremberg and Tokyo Tribunals

Introduction

In the autumn of 2006, progressive mankind celebrated the 60th anniversary of the Nuremberg trials, the anniversary of the trial of the main war criminals of the Second World War. However, media coverage of this event mass media was very pale, and only in February of this year a two-episode program about one of the greatest litigation XX century.

Why are these tribunals given a special role in modern history? Why do their rulings still influence international law to this day? Why did the leaders of the victorious countries in the Second World War need to hold hundreds of court hearings, while no one would condemn them for quick reprisals against the remaining fascist and militaristic criminals?

And today it is difficult to assess what trials have fallen to the lot of the peoples globe during the years of World War II. Tens of millions of ruined lives and crippled destinies, barbaric seizures of territories, merciless destruction of historical and cultural monuments - all this left an unhealed scar in the memory of decades.

As the Second World War drew to a close, the question arose of how war criminals Nazi Germany and Japan (the main countries of the Berlin-Rome-Tokyo Axis) will have to be punished. The main problem the very procedure of bringing criminals to justice remained, since the context of events in the world suggested only one path - the execution of the guilty without any investigation or other formal procedures.

However, any historically important step should be taken only in strict accordance with legal norms. The trial of war criminals and their severe punishment is the turning point that separates the aggressors from the liberators, the rule of law from arbitrariness and excesses. The legal basis for bringing charges against the criminals of the Axis and the Far East already existed - the Hague Conventions for the Peaceful Settlement of Disputes between States of 1899-1907; the Charter of the League of Nations, containing a number of restrictions on resorting to war; Treaty of Paris 1928, recognizing the renunciation of war as a weapon national policy; and other international acts.

Having formulated the procedure for the creation of future judicial institutions and a clear regulated procedure for the court, the government Soviet Union, the United States, Great Britain and France have created an unprecedented precedent in international law - any person or organization guilty of a serious crime is subject to trial and fair punishment. These were the first full-scale trials of their kind.

International military tribunals. Definition

Tribunal. AT Ancient Rome elevation, on which high government officials (consuls, praetors) publicly considered court cases. Now in many countries these are the courts of first and appeal instances.

Military tribunal - a court that hears military and other crimes

International military tribunals are judicial bodies established in accordance with special interstate agreements with the aim of prosecution and punishment of persons who have committed serious crimes under international law in connection with and during war. Have limited jurisdiction (personal, territorial and hourly).

The composition, structure, jurisdiction and principles of work are determined by their statutes, which are attached international agreements and are an integral part of them.

The first such tribunal was formed on the basis of the Treaty of Versailles in 1919 to try the German Kaiser Wilhelm II. The process did not take place, because the government of Holland, where the Kaiser fled, refused to extradite him to the allies.

The International Military Tribunal was formed in 1943 at a meeting of the heads of government of the USSR, the USA, and Great Britain. It consisted of 4 judges and their deputies and 4 chief military prosecutors appointed by the governments of the USSR, USA, Great Britain and France.

A member of the IMT from the USSR was appointed a judge Supreme Court USSR I. T. Nikitchenko, the main prosecutor - the prosecutor of the Ukrainian SSR R.A. Rudenko.

In 1945 24 German war criminals, the direct organizers of all acts of military aggression, were transferred to the IMT. By the verdict of the MMT, issued in 1946, all the defendants, with the exception of Schacht, Papen and Fritsche, were found guilty of the charges and sentenced. 12 defendants were sentenced to death, 7 to imprisonment: 3 - imprisonment for life and 4 from 10 to 20 years. The defendant Bormann was sentenced to death in absentia, Robert Ley hanged himself in prison, Hitler and Himmler (head of the SS) were not betrayed by the MMT, since they committed suicide before the trial.

Composition and structure

Nuremberg Trials Tokyo Tribunal

The Tribunal is composed of 11 judges elected by the UNGA - 3 each in the two First Instance Chambers and 5 in the Appeals Chamber; the latter are also members of the Appeals Chamber of the International Criminal Tribunal for the Former Yugoslavia. The Prosecutor is a separate body of the International Tribunal for Rwanda and, at the same time, the International Criminal Tribunal for the former Yugoslavia. It is responsible for investigating and prosecuting cases and operates independently of the governments of states.

The procedure of the tribunal includes a preliminary investigation and study of the case, the filing of charges, a trial with a decision or a sentence. Punishment is appointed by the tribunal, limited to imprisonment.

All member states of the UN are obliged to provide the Tribunal with judicial assistance up to the extradition, if necessary, of persons who are wanted. The Tribunal is organically linked to well-defined events, functions under certain circumstances and must cease its activities simultaneously with the completion of the investigation of the relevant facts

The 20th century enriched humanity not only with experience international cooperation in the fight against criminality, but also the practice of condemning acts recognized by the human community as criminal. On August 8, 1945, the governments of the four allied powers in the anti-Hitler coalition (Great Britain, the USSR, the USA and France) established the International Tribunal for the trial of war criminals whose atrocities are not associated with a specific geographical location. Shortly thereafter, 19 more UN member states joined the agreement on the establishment of the International Tribunal. The Charter of the Tribunal gave it the power to try and punish persons who committed crimes against peace, war crimes and crimes against humanity, as defined in the Charter. They recognized: “(a) crimes against peace, namely: planning, preparing, initiating or waging a war of aggression or a war in violation of international treaties, agreements or assurances, or participating in a common plan or conspiracy aimed at carrying out any of the above actions; (b) war crimes, namely: violation of the laws or customs of war. These violations include killing, torturing or taking into slavery or for other purposes the civilian population of the occupied territory; killing or torturing prisoners of war or persons at sea; hostage killings; robbery of a public private property ; senseless destruction of towns or villages; ruin not justified by military necessity and other crimes; (c) crimes against humanity, namely murder, extermination, enslavement, exile and other atrocities committed against the civilian population before or during the war, or persecution on political, racial or religious grounds for the purpose of or in connection with any crime subject to the jurisdiction of the Tribunal, whether or not the acts were in violation of the domestic law of the country in which they were committed. It was said that "leaders, organizers, instigators and accomplices who participated in the drawing up or in the implementation of a general plan or conspiracy aimed at committing any of the above crimes, are responsible for all actions committed by any persons for the purpose of carrying out such a plan." In dealing with any individual member of a particular group or organization, the Tribunal had the authority to hold that the group or organization of which the defendant was a member was a criminal organization. On October 18, 1945, the Tribunal was presented with the Indictment against the leaders of the fascist regime in Germany, drawn up by the Committee of the Chief Prosecutors of the four countries. In it, the defendants were called "major war criminals". The indictment accused them of “committing crimes against peace by planning, preparing, initiating and waging aggressive wars, which are also wars in violation of international treaties, agreements and guarantees; war crimes and crimes against humanity”. In addition, the defendants were accused of participating in the creation and implementation of a common plan or conspiracy to commit all these crimes. The Prosecution asked the Tribunal to declare all these groups or organizations criminal. The trial of war criminals began in Nuremberg on November 20, 1945. 403 open court sessions of the Tribunal were held, at which hundreds of witnesses were heard, thousands of documents were studied. On October 1, 1946, the Tribunal delivered its harsh verdict. The International Military Tribunal for the Far East was also established to try war criminals from militaristic Japan. In accordance with the Charter of this Tribunal, trials were held in Khabarovsk and Tokyo. The Tokyo trial was the longest, it began on May 3, 1946 and lasted until November 12, 1948. The statutes of the International Nuremberg Tribunal and the International Tribunal for the Far East laid the foundations for the practice of condemning crimes against peace and humanity. When the Cold War began, legality and international law began to be violated again, sacrificing the interests of blocs and systems. During the wars in Korea and Vietnam, Operation Desert Storm against Iraq, aggression against Yugoslavia. The United States and its allies repeated many of the crimes convicted in Nuremberg, Tokyo, Khabarovsk by the Geneva Conventions, in particular crimes against civilians. Let us recall that the bombing of civilian objects, residential buildings, the destruction of cultural property, the abandonment of people, especially women, children, the elderly without water and food, and medical care are considered crimes against humanity. In the 90s, some analogues of the Nuremberg Tribunal were recreated. The International Tribunals for Rwanda and for the former Yugoslavia were established by the UN decision. Little is known about the work of the first of these tribunals. He sits systematically, heard the cases of several dozen defendants and delivered several sentences. The bishop and three soldiers were convicted. But the International Tribunal for Yugoslavia is actively sitting to try the political and military leaders of this collapsed federation, accused of violating international agreements on human and peoples' rights. Several people have already been convicted by the Tribunal. The trial of former Yugoslav President S. Milosevic and his associates continues, many of whom are on the wanted list. However, the legal basis of these Tribunals is highly controversial, since the UN Charter does not provide for the creation of such. The Charter of the United Nations, as mentioned above, can only be revised at a meeting specially convened for this purpose. international conference, which has not been done yet.

International tribunals in international law act as instances authorized to consider special cases. Such institutions are formed and function in accordance with settlement agreements or, as a rule, in accordance with an act of the UN Security Council. Let us consider further in detail what the international tribunals are.

International Criminal Court in the case of the leaders of Nazi Germany

It is one of two authorized institutions that have fully completed their tasks. These international tribunals functioned after World War II. The first was formed in accordance with an agreement between the governments of Russia, France, Great Britain and America, signed on August 8, 1945. His tasks included examining the case and deciding on military and statesmen Nazi Germany. The order of its creation, competence and jurisdiction were determined in the Charter attached to the agreement.

Composition of the institution

And the tribunals are formed from representatives different countries. Created in August 1945, the instance consisted of four members and the same number of deputies - one each from a country party to the agreement. In addition, each state sent its own chief prosecutor and other officials. Procedural guarantees were supposed for the defendants, including the provision of defense lawyers. The chief prosecutors performed their duties both independently and jointly with each other.

Powers

They are determined by the Statutes of international tribunals. With regard to the first organization, the terms of reference included consideration of:


Work period

The first tribunal was formed to conduct an unlimited number of trials. Berlin became the permanent seat. It held its first meeting in early October 1945. The work of the organization was limited in practice Nuremberg Trials. It ran from November 20, 1945 to October 1, 1946. The Charter and the Rules determined the procedure for trial and meetings. The punishment for the guilty was the death penalty or imprisonment. The verdict handed down by the members of the tribunal was considered final. It was not subject to revision and was implemented in accordance with the order of the German Control Council. This body was the only institution authorized to change the decision and consider petitions for clemency of convicts.

After the rejection of the statements of the guilty, those sentenced to death, the sentence was executed on the night of October 16, 1946. On December 11 of the same year, a resolution of the General Assembly was adopted, which confirmed the international legal principles embodied in the Charter of this tribunal and its verdict.

Tokyo process

A second tribunal was formed to try Japanese criminals. It included representatives of eleven countries. The Chief Prosecutor was appointed as the Commander-in-Chief of the Japanese Occupation Forces. It was the representative of the United States. All other states have appointed additional prosecutors. The process took place from May 3, 1946 to November 12, 1948. The tribunal ended with a guilty verdict.

Situation today

The Genocide and Apartheid Conventions recorded the potential for the formation of new international judicial tribunals. For example, in one of these acts it is determined that the cases of those accused of genocide must be considered in the territory of the country where it was carried out by authorized authorities. They can be both domestic organizations and international tribunals. Discussions are currently underway to create one permanent body that would deal with crimes of a global scale.

The activities of the international tribunals discussed above were limited in space and time. If a permanent body is created, it should not have such restrictions.

Permanent Jurisdiction

This problem during recent years dealt with by the UN Commission on behalf of the General Assembly. To date, recommendations have been prepared regarding the establishment of a permanent body on the basis of a multilateral agreement in the form of a statute (Charter). The authority of the instance should presumably include consideration of cases concerning citizens. However, in the future, it is envisaged to extend the competence to the states.

Like the previous international tribunals, a permanent body should consider crimes against the security of mankind and peace and other similar acts that are included in the category of "transnational". It follows from this that the jurisdiction of the instance should be associated with the relevant world conventions.

According to a number of experts, the prevailing point of view on the issue of competence should be considered the one according to which the authority of the body should be limited to consideration of such acts as genocide, aggression, crimes against humanity and the safety of the civilian population. The only thing acceptable is the inclusion in the Charter of clear formulations of acts and punishments for each of them. The main sanctions should be imprisonment for a specific term or for life. The question of the application of the death penalty remains debatable today.

Structure

Previous international tribunals have been composed of representatives of countries party to the respective agreements. The composition of the institutions was different. If a permanent body is formed, it will presumably include a chairman with deputies and a presidium. The latter will perform both administrative and judicial functions. With regard to the direct consideration of cases, as well as the issuance of sentences, these tasks are supposed to be entrusted to the relevant chambers. Presumably, the activity will be carried out in two directions:

  1. Independent investigation. It will be held on behalf of the world community in the respective countries.
  2. Investigation within the framework through authorized national authorities.

Yugoslav process

In 1993, on May 25, the UN Security Council adopted a resolution. In accordance with it, an international tribunal was established to prosecute those responsible for violations humanitarian law in the former Yugoslavia. A conflict broke out on the territory of this country, which became tragic for the population. When forming the instance, the Charter was approved. It defines the authority's jurisdiction over persons who commit violations of the regulations and other rules. Among such acts are the deliberate infliction of suffering or murder, inhuman treatment and torture, the taking of citizens hostage, illegal deportation, the use of special weapons, genocide, and so on.

Composition of the organization

This tribunal has 11 independent judges. They are directed by states and elected by the General Assembly for 4 years. The list provides Like the previous international tribunals, this instance also has a prosecutor. In May 1997, a new composition was elected. In the structure of this tribunal, there are 2 judicial and 1 appeals chambers. In the first, there are three, and in the second, five authorized persons. The organization is based in The Hague. The Charter regulates the procedures for considering cases and drawing up convictions. It also establishes the rights of suspects and accused persons, including defense.

TRIBUNALS INTERNATIONAL

international bodies to try individuals (or also states) on charges of international crimes, the most important component mechanism of international criminal justice. After the Second World War, the following T.M. were created: a) The International Military Tribunal in Nuremberg, which operated on the basis of the Charter of the International Military Tribunal of 1945:

b) International Military Tribunal for Far East- on the basis of the Charter approved by the commanders-in-chief of the allied powers in Japan in 1946;

c) International Tribunal for the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed in the Territory of the Former Yugoslavia since 1991, in The Hague - on the basis of the Charter adopted by the UN Security Council in 1993: d) International Criminal Tribunal to prosecute persons responsible for genocide and other serious violations of international humanitarian law committed in the territory of Rwanda and Rwandan citizens responsible for genocide and other similar violations committed in the territory of neighboring states between January 1, 1994 and December 31, 1994 - on the basis of the Charter adopted in 1995 by the UN Security Council.

The statutes of the last two tribunals established that the jurisdiction of T.m. takes precedence over the jurisdiction of national courts. At any stage of the trial T.m. may formally request the national courts to transfer the proceedings to him in accordance with its statute and the rules of procedure and evidence of T.m.

The Tribunals for Yugoslavia and Rwanda each consist of two Trial Chambers and one Appeals Chamber, the Prosecutor and the Registry. The Chambers consist of 11 independent judges (3 each in the Trial Chambers and 5 in the Appeals Chamber), and they cannot have 2 citizens of the same state. Persons with high qualifications are elected as judges. moral character, impartiality and conscientiousness,

who meet the requirements in their countries for appointment to the highest judicial positions. When determining general composition chambers, due regard is given to the experience of judges in the field of criminal law, international law, including international humanitarian law and human rights law. Judges T.m. elected by the UN General Assembly from a list submitted by the UN Security Council for a term of 4 years with the right to re-election. The conditions of service are the same as those of the judges of the International Court of Justice.

The penalty imposed by the Trial Chamber is limited to imprisonment. In determining terms of imprisonment, the Trial Chamber is guided by the general practice of imposing prison sentences in the courts of Yugoslavia and Rwanda, respectively. In addition to imprisonment, the Trial Chamber may order the return of any property and proceeds acquired through criminal conduct, including through coercion, to their rightful owners. -

With regard to T.M., their judges, prosecutors, secretaries and staff, the 1946 UN Convention on Privileges and Immunities applies.

The working languages ​​of the Tribunals for Yugoslavia and Rwanda are English and French.

Panov V.P.


Law Encyclopedia. 2005 .

See what "INTERNATIONAL TRIBUNALS" are in other dictionaries:

    Law Dictionary

    international tribunals- international bodies set up to try individuals and States on charges of international crimes, an essential part of the international criminal justice mechanism. AT different times the following T.m. were created: 1) ... ... Big Law Dictionary

    INTERNATIONAL MILITARY TRIBUNALS- - the first ever international criminal courts established on the basis of special international agreements to punish the main war criminals of the Second World War. After the end of World War II, for a fair and speedy trial... ... Soviet legal dictionary

    Law Dictionary

    court- a state body that administers justice in the form of consideration and resolution of criminal, civil, administrative and some other categories of cases in the procedural order established by the law of this state. S. are divided into ordinary and ... ... Big Law Dictionary

    Court- a state body that administers justice in the form of consideration and resolution of criminal, civil, administrative and some other categories of cases in the procedural order established by the law of this state. Courts are ordinary and ... ... Accounting Encyclopedia

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    tribunal- (Latin tribunal) 1) during the French Revolution at the end of the 18th century. exceptional courts for cases of political crimes: 2) in the early years Soviet power special courts, revolutionary tribunals; 3) In the USSR and in the Russian Federation until 1992, military T. in ... ... Big Law Dictionary

    An international judicial mechanism and procedure created by the world community of states for the consideration of criminal torts and crimes of an international character. In the doctrine, the idea of ​​M.u.p. began to be actively discussed in the 20th century, when for investigation ... Law Dictionary

    International judicial body for the prosecution and punishment of major war criminals. M.w.t. for criminals European countries, who fought on the side of Nazi Germany, was formed on August 8, 1945 under the London Agreement between ... ... Law Dictionary

Contemporary International criminal law, presuming the predominant use of national judicial and other bodies in the fight against international crimes and crimes of an international character, provides for the possibility of creating international institutions to exercise judicial functions in special situations. Such institutions are constituted and function on the basis of international treaties (statutes) or, as practice shows, on the basis of acts of the UN Security Council.
History knows two who completed their tasks judiciary known as the International Military Tribunals. They operated immediately after the end of World War II.
The first - in accordance with the Agreement between the governments of the USSR, the USA, Great Britain and France of August 8, 1945 - was the International Military Tribunal, designed to perform judicial functions against the state and military leaders of Nazi Germany. The issues of its organization, jurisdiction and competence were resolved in the Charter of the International Military Tribunal attached to the Agreement.
The Tribunal consisted of four members and four alternates, one from each of the named states. Each State also appointed its own Chief Prosecutor and relevant staff. The Chief Prosecutors, acting as a committee, carried out their duties both individually and in cooperation with each other. Procedural guarantees were provided for the defendants, including the provision of defense lawyers.
The Tribunal, according to the Charter, was empowered to try and punish persons who committed acts that entail individual responsibility:
1. Crimes against peace (planning, preparation, initiation and waging of a war of aggression or a war in violation of international treaties),
2. War crimes (actions that violate the law or customs of war), crimes against humanity,
3. Murder (extermination, enslavement, exile and other atrocities against the civilian population) The Tribunal was created with a focus on an indefinite number of trials. Berlin was assigned its permanent seat, where the first organizational meeting took place on October 9, 1945. In practice, its activities were limited The Nuremberg Trials, held between November 20, 1945 and October 1, 1946. The order of meetings and trials was fixed in the Charter and in the regulations. As a sanction for the guilty, the death penalty or other punishment was provided. The verdict of the Tribunal was considered final, not subject to review and was carried out according to the order of the Control Council in Germany - the only body competent to change the sentence and consider the petitions of convicted persons for pardon October 16, 1946
On December 11, 1946, the UN General Assembly adopted a resolution reaffirming the principles of international law embodied in the Charter of the Nuremberg Tribunal and in its verdict.
The second International Military Tribunal was intended to try the main Japanese criminals and was called the Tokyo Tribunal. His legal basis was also specially adopted for him by a group of states
Charter.
This Tribunal included representatives of 11 states - the USSR, the USA, China, Great Britain, France, the Netherlands, Canada, Australia, New Zealand, India, and the Philippines. Only one chief prosecutor was envisaged, appointed by the commander-in-chief of the occupying forces in Japan (US representative); all other states represented on the Tribunal appointed additional prosecutors. The Tokyo Trial was held between May 3, 1946 and November 12, 1948, and ended with a guilty verdict.
The potential for the creation of new international judicial institutions was recorded in the conventions on such international crimes as genocide and apartheid. So, according to Art. VI of the Convention on the Prevention and Punishment of the Crime of Genocide, persons accused of committing genocide "shall be tried by a competent court of the State in whose territory the act was committed, or by such international criminal court as may have jurisdiction over the parties to this Convention, accepting the jurisdiction of such a court."
The UN Security Council Resolution 827 of May 25, 1993, concerning the establishment of an International Tribunal for the purpose of prosecuting persons responsible for serious violations of international humanitarian law in the territory of the former Yugoslavia, where an armed conflict, tragic for peoples, flared up, can be considered unique in its nature. At the same time, the Charter (Statute) of the Tribunal was approved.
The Charter defines the jurisdiction of the Tribunal over persons who commit serious violations of the rules of the Geneva Conventions of 1949 and other norms, including such acts as willful killing or infliction of great suffering, torture and inhuman treatment, taking civilians as hostages or their illegal deportation , the use of weapons designed to cause unnecessary suffering, genocide, etc.
The Tribunal consists of 11 independent judges appointed by states and elected by the UN General Assembly for four years from a list submitted by the Security Council, and also includes a prosecutor appointed by the Security Council on the recommendation of the UN Secretary General. In May 1997, the UN General Assembly elected a new set of judges for the International Tribunal. They were representatives of Great Britain, Italy, France, Portugal, USA, China, Malaysia, Egypt, Zambia, Colombia, Guyana. The Tribunal is divided into two Trial Chambers (three judges each) and an Appeals Chamber (five judges).
Location - The Hague.
The Statute articulates the powers of the prosecutor to investigate and draft an indictment, the rights of the suspect, including the services of a lawyer, and the rights of the accused during the trial (in accordance with the provisions of the International Covenant on Civil and Political Rights).
The procedure for judicial proceedings and the procedure for sentencing and sentencing to imprisonment are regulated, the terms of which are determined taking into account the practice of sentencing in the courts of the former Yugoslavia. Trial Chambers under Art. 20 of the Charter ensure a fair and expeditious trial and conduct of proceedings in accordance with the rules of procedure and evidence, with full respect for the rights of the accused and adequate protection of victims (victims) and witnesses. The person against whom the indictment has been confirmed shall be taken into custody, informed of the charges against him and sent to the seat of the Tribunal. In Art. 21, the rights of the accused are fixed, including to a fair and public hearing of the case, to defend himself personally or through a defense counsel chosen by him, to use the free assistance of an interpreter and to other procedural guarantees. Imprisonment is served in a state determined by the Tribunal from the list of states that have declared their readiness to accept convicted persons; the law of the State concerned shall apply, subject to the supervision of the Tribunal. The first verdicts of the Tribunal are already known.
The practice of this judicial institution is criticized due to the selective approach and procedural irregularities in the process of bringing individuals to justice.
In 1994, also in accordance with a resolution of the UN Security Council, the International Tribunal for Rwanda was established to prosecute those responsible for genocide and other serious violations of international humanitarian law during the interethnic conflict in Rwanda. The provisions of the Statute of this Tribunal are essentially the same as the above formulations.
For a number of decades, at scientific forums within the framework of the worldwide Association of International Law, at meetings of the UN International Law Commission, at sessions of the UN General Assembly, the problem of forming a permanent International Criminal Court to hear cases and prosecute those guilty of crimes against international law has been discussed. One of the discussions was the question of subject matter jurisdiction; at this stage, it was decided to limit the scope of the Court's activities to crimes against the peace and security of mankind (international crimes), not including other transnational crimes.
At the diplomatic conference of UN representatives on the establishment of the International Criminal Court, held in Rome, the Rome Statute of the International Criminal Court was adopted on July 17, 1998 and opened for signing. It was signed on behalf of many states, including on behalf of Russian Federation. The Statute shall enter into force on the first day of the month following the sixtieth day following the date of deposit. Secretary General UN 60th instrument of ratification or instrument of acceptance, approval or accession. After that, the states will begin to form the Court and thereby make its functioning possible.
The International Criminal Court will have international legal personality and will become "a permanent body empowered to exercise jurisdiction over those responsible for the most serious crimes of concern to the international community". It is designed to complement national criminal justice authorities.
Under the Statute, the Court has jurisdiction over the following crimes:
1. Crimes of genocide;
2. Crimes against humanity;
3 War crimes;
4. Crimes of aggression. This refers to acts committed after the entry into force of the Statute.
The Court will be composed of 18 judges elected by the Assembly of States Parties to the Statute.
There is a position of a Prosecutor competent to initiate investigations and prosecutions.
The Statute regulates the procedure for trial within the framework of the Trial Chamber and the appeal proceedings. The accused is present at the trial, has the right to a public and fair hearing and to the guarantees set forth in the Statute in accordance with the provisions of Art. 14 of the International Covenant on Civil and Political Rights.
Provided various methods international cooperation and legal assistance.
Applicable penalties - imprisonment for a term not exceeding 30 years, or life imprisonment; fines and confiscation of proceeds, property and assets obtained directly or indirectly as a result of the crime are also possible.
The sentence of imprisonment shall be served in a state determined by the Court from the list of states that have notified the Court of their readiness to receive the persons sentenced. The execution of the punishment is carried out under the supervision of the Court.