Attaches to a classification of the types of crimes of international criminal law: crimes against peace (preparation, initiation and waging of a war of aggression). War crimes (grave breaches of the law of war committed during an international armed conflict) Crimes Against Humanity (serious offenses against life, physical integrity, freedom or human dignity committed with the support of state power. against a person or group of persons belonging to a culture, race, religion, nationality, political conviction or determined).

The history of International Criminal Law I go back to school natural law of Francisco Vitoria, Francisco Suarez, Hugo Grotius, or the attempt to extradite the Kaiser Wilhelm II by the Treaty of Versailles, after World War II, the Tribunals of Nuremberg and Tokyo, but after the Member States of the United Nations has developed a truly international criminal law.
After the First World War, is when there is the creation of a truly international criminal tribunal to prosecute those responsible for crimes committed during the conflict. This is provided for the Seventh Part of the Versailles Treaty of 1919 to try the Kaiser Wilhelm II of Germany but the Netherlands offered asylum to the emperor, which frustrated the initiative.

After the Second World War, the Allied powers agreed, under the London Charter, the constitution of a court judge not only war crimes but also crimes against humanity committed under the Nazi regime. Known as The Nuremberg trials began on November 20, 1945, and ruled on September 30 and October 1, 1946. It also created a similar tribunal for Japanese war crimes, the International Military Tribunal for the Far East, which operated between 1946 and 1948.

The Nuremberg Trials or, alternatively, the Nuremberg Trials were a series of judicial processes undertaken at the initiative of the victorious allied nations at the end of World War II, which were determined and enacted the responsibilities of leadership, image of the bench officials and employees charged in the main Nuremberg Process. On the left, from top to bottom: the Nazi regime of Adolf Hermann Goering, Rudolf Hess, Hitler in various crimes and Joachim von Ribbentrop, Wilhelm Keitel. On the right, from top to bottom: abuses committed in the III Karl Doenitz, Erich Raeder, Baldur von Schirach, Fritz Sauckel. German Reich as of September 1, 1939.

Four were the crimes imputed to the accused: 3. War crimes, the existence of murder, torture and rape, acts contrary to the Laws of War. 5. Crimes against humanity, when faced extermination and mass death. 7. Genocide, was killed when an entire ethnic group. 9. War of aggression on the basis of premeditation to disrupt the peace and as the process to undermine the internal security of a sovereign state.

International tribunals are created by an international body, according to procedures of public international law. The International Criminal Court, its Statute was adopted at the Diplomatic Conference of Plenipotentiaries of the United Nations held in Rome in 1998. – Courts are judging individuals. In this sense, only have jurisdiction in cases where it becomes necessary to determine individual responsibility for the subjects who participated in the contexts of violence or engage in some of the crimes under the Statute of the International Criminal Court. – Courts are competent to determine the criminal liability of persons subject to its jurisdiction by imposing the respective prison sentences, taking into account the seriousness of the offense and the defendant’s personal situation. – Courts are independent in the exercise of their judicial functions are not subordinated to the organs or assemblies decided its creation or approved its Statute. – Are collegiate courts, since they are composed of several judges.

The area of ??law that addresses the issue of international criminal tribunals is international criminal law, whose object of study is the rules relating to the offenses at the international and international courts with jurisdiction to determine responsibility for the commission of these crimes and to establish appropriate sanctions also aspects that are established by international instruments of conventional character. For this reason, the study of international criminal courts is required to use concepts and institutions of Criminal Law and International Law. Currently, the highest court in this area is the International Criminal Court, but there are other ad hoc tribunals established. Some are exclusively international in character, such as the International Criminal Tribunal for the Former Yugoslavia or the International Criminal Tribunal for Rwanda. Others are hybrids and are composed of both national and international judges. This is the case of the Extraordinary Chamber the Courts of Cambodia, which investigates crimes in Democratic Kampuchea, or the Special Court for Sierra Leone, responsible for prosecuting crimes committed during the civil war.

Legal Nature of the International Criminal Court, refers itself to the principle of complementarity which is attributed to this body, the legal nature of the court refers to the jurisdiction that has this on the countries with which it has signed. The Court is not bound to replace or to undermine the national systems of justice when they can function properly
• Genocide • Crimes against humanity, including acts described as murder, extermination, deportation or forcible displacement, imprisonment, torture, rape, enforced prostitution, enforced sterilization, persecution on political, religious, ideological, racial, ethnic or other defined specifically, forced disappearance or otherwise. • War crimes consisting in violation of international humanitarian law, particularly the Geneva Conventions or other international conventions and customary law exists in this regard. • Crime of Aggression There are also a number of transnational crimes that are not covered by international criminal law, such as those listed below: • Contraband • Human trafficking • Arms trafficking •

Drug trafficking • money laundering

1. The Chair: It comprises the President, the First and Second Vice Presidents, who are elected by absolute majority of the judges for a renewable term of three years. 2. Chambers: There are three divisions in the Court: Appellate Division, Trial Division Pre-trial Division 3. The Office: The mandate of this Office is conducting investigations and prosecution of crimes falling within the jurisdiction of the Court 4. The Secretariat is the body responsible for the judicial aspects of court management and servicing (translation, finance, personnel and other exclusive services to an international court) l.
1. The Court shall apply: a) First, this Statute, Elements of Crimes and its Rules of Procedure and Evidence; b) Secondly, when appropriate, applicable treaties and principles and norms of international law, including established principles of international law of armed conflict; c) Failing that, general principles of law derived by the Court from national laws of the world’s legal systems, including, where appropriate, the internal law of States that would normally exercise jurisdiction over the crime, provided that those principles are not inconsistent with this Statute and with international law and standards and internationally recognized principles.
2. The Court may apply principles and rules of law of which he has interpreted in its previous decisions.
3. The application and interpretation of law pursuant to this Article shall be consistent with internationally recognized human rights, without any adverse distinction founded on grounds such as gender as defined in paragraph 3 of Article 7, age, race, color, religion or belief, political or other opinion, national, ethnic or social origin, property, birth or other status.

Start of activity by the Prosecutor Knowledge Admission If you start the investigation and notify all States refer the matter not from the state archives were collected for the fiscal budgets of law to impute the case be referred by the Council Start the UN Security phase of the trial of Office of the Prosecutor Not Guilty If Sentencing of imprisonment or fine or 2.

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It is generally accepted for the purposes of criminal law and the applicable jurisdiction, the territorial system, by which fit the application of the criminal law of the state where the crimes were committed, and jurisdiction of judges that State. The Argentine Criminal Code in Article 1 paragraph 1 and the Montevideo Treaties of 1889 and 1940 adopt this solution.

Yet they are cases of exception to the application of territoriality, the crimes committed in international waters, naval vessels or aircraft and committed at sea, and they are in territorial waters of another state (judged by the law of the flag). In the case of crimes committed by members of a delegation shall apply the rules of public international law. In this regard, Article 31 of the Vienna Convention of 1961 refers to diplomatic relations, the diplomatic agent shall enjoy immunity from criminal jurisdiction of the receiving State.

There are some very serious crimes that afflict humanity as a whole, such as crimes of piracy, trafficking or drug trafficking, which authorize a state by the principle of universality, to apprehend a criminal, even if the offense does not was committed, or having effect within its territory.

In addition to this international criminal law of each State there is a criminal international law, supranational, independent with respect to particular states, where the International Criminal Court has jurisdiction over crimes against humanity known as genocide, war crimes or crimes against humanity all, including torture and forced disappearance of persons.

Arose the need for this law after World War I, showing the judging subject as a subject of international law. The International Nuremberg tribunal charged with judging the atrocious crimes against humanity that occurred in World War II, the International Tribunal for the Former Yugoslavia and Rwanda is the background of current international criminal law.

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The existence of customary and treaty norms applicable in internal conflicts is now more subject to doubt. Moreover, the question of whether the norms of humanitarian law are addressed only to states – which would be the only ones to take responsibility for non-compliance – or also go to the individual who is then likely of rape directly by his behavior, now also seems resolved in favor of the latter possibility, it is a domestic or international conflict.

It quickly highlight the fact that the substance of the rules of Article 3 common to the four Geneva Conventions of 1949 and of Additional Protocol II thereto (eg Article 4 relating to fundamental guarantees) is often referred to individual acts, there exists an obligation to broadcast (Protocol II, Article 19) and the obligation to “enforce” the rules of humanitarian law (which is a component for the state to force the Compliance with these standards not only their bodies but all persons under its jurisdiction) is also applicable in internal conflicts . All these elements contribute to the affirmation that this is also the law applicable in such conflicts to regulate the conduct of individuals.

We can not overlook in this connection to refer to the following statement of the International Military Tribunal at Nuremberg: “[t] are men, not abstract entities that commit crimes whose punishment is necessary, as a sanction International Law.

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