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A.

CHR genocide, crimes against humanity, massacre, extralegal killings, enforced disappearances, torture, child
1. SCOPE OF CHR JURISDICTION abuse, and domestic violence; or when the parties cannot agree to submit their case in a conciliation or
The following are the scope of CHR jurisdiction under Rule 2 section 1 and section 2 of the mediation proceedings.
Omnibus Rules of Procedure of the CHR:
a. Shall take cognizance of and investigate, on its own or on complaint by any party, all
forms of human rights violations and abuses involving civil and political rights;
Section 5. Parties involved in conciliation or mediation.-- The participation in the conciliation or mediation
b. Shall monitor the Philippine Governments compliance with international human
process before the CHR shall be limited to the following parties and CHR officers:
rights treaties and instruments to which the Philippines is a State party.
c. Shall also investigate and monitor all economic, social and cultural rights violations a) Complainant or aggrieved party;
and abuses, as well as threats of violations thereof, especially with respect to the
conditions of those who are marginalized, disadvantaged, and vulnerable. b) Respondent or alleged perpetrator; and

2. EXCEPTIONS TO PUBLIC INQUIRY c) The Regional Director, or a lawyer, or an investigator of the Regional Office where the dispute is pending;
or the Director of the Field Operations Office or the Director or lawyers of the Legal and Investigation Office
All public inquiries shall be open to the public. However, the Commission en banc or the Regional if the dispute is brought to or referred to any of said offices or Divisions in the Central Office by the
Office or Committee concerned may motu proprio exclude the public from attending the inquiry
Commission or any Member thereof.
proceedings in the following instances:
Where there are complex human rights issues involved and/or there are numerous complainants
a) When the testimony in open session will put the life and security of the victim, witness, or
any member of his/her family in greater risk or danger; and/or respondents, at least two (2) CHR conciliators or mediators shall handle the conciliation or mediation
b) When the testimony or re-enactment of a particular scene of the violation or the evidence process.
to be presented is highly sensitive or offensive to human dignity, or to public morals or
health;
c) When the person testifying is a child who is a victim of abuse or an eyewitness to a case of
Section 6. Duties of the conciliator or mediator.--The CHR conciliator or mediator shall:
child abuse or human rights violation committed against any member of his/her family or
any person;
a) Observe impartiality throughout the proceedings;
d) Upon motion of any of the parties for justifiable reasons.
b) Arrange meetings/conferences between the complainant or aggrieved party and the
3. CONCILIATION AND MEDIATION respondent;
Rule 12 CONCILIATION AND MEDIATION
c) Ensure that the parties are accorded equal and fair opportunity to be heard and/or to present
Section 1. Conciliation and Mediation mechanism.-- The CHR may consider the conciliation and mediation and explain their respective positions on the matter at issue;
mechanism as a first course of action and alternative means in handling cases involving civil, political, d) Ensure that the settlement of the issues or mutual agreement, to include the matter of
economic, social and cultural rights, except in human rights cases mentioned in Section 4 of this Rule.
compensation or award as a result of such settlement, has been reached jointly through the free and
Section 2. Conciliation; Mediation defined.--Conciliation is a mode of settlement whereby the Commission voluntary decision of all the parties, and that the same is not contrary to law, public order or policy.
or its representative, who shall be a neutral party, encourages and/or facilitates the parties in dispute to Section 7. Non-appearance of private lawyers.-- No private lawyer shall appear and represent any party in
discuss their differences and assist them in making their own solution and/or reaching a mutual agreement any conciliation or mediation proceedings pursuant to this Rule, except when the lawyer himself/herself is a
or consensus. On the other hand, mediation is a more active mode where the Commission or its
party. However, a party is not precluded from consulting or seeking a lawyers advice in the process.
representative, although on a neutral side, submits proposals or recommendations for the possible
settlement of disputes or human rights issues brought before it. Such proposal or recommendation by the Section 8. Amicable agreement not a bar to legal remedies. Notwithstanding any amicable settlement
Commission or its representative is done when the parties in dispute cannot, on their own, reach a solution reached by the parties during the conciliation or mediation proceedings, the same shall not preclude either
or mutual agreement on the issue or issues in question. party from seeking other legal remedies before the competent court if the terms of the agreement was not
complied with by any of the parties or a condition therein did not materialize.
Section 3. When may conciliation or mediation be applied. Before the initial investigation or at any stage
of the investigation proceedings on a particular issue involving civil, political, economic, social or cultural Section 9. Confidentiality.Matters discussed during the conciliation or mediation proceedings shall be
rights, the CHR lawyer or investigating officer shall determine whether the issue at hand can be considered treated in confidentiality by the parties.
for conciliation or mediation proceedings. If it appears that the matter can be settled under a non-adversarial
approach, the CHR officer concerned shall inform the parties of the option to avail of conciliation or Section 10. Form of settlement agreement.The settlement or compromise agreement shall be reduced in
mediation process. Only when the parties so agree can the process proceed. writing in a language spoken and clearly understood by the parties, duly signed by them, with the assistance
of and attested to by the CHR conciliator or mediator. If any of the parties do not know how to read and/or
Section 4. When conciliation or mediation shall not apply.-- Conciliation or mediation cannot be resorted write, the agreement shall be read and explained to the parties by the conciliator or mediator before the
to in cases which involve serious or most serious human rights violations, to include but not limited to parties affix their thumb marks thereon.
Section 11. Disqualification of CHR conciliator or mediator to pursue investigation proper of human rights Such immunity from suit may be enjoyed even in cases where the information and testimony are given
issue/case he/she handled at the conciliation or mediation state.The CHR conciliator or mediator who against a person who is not the principal, but merely an accomplice or accessory in the commission of the
handled the conciliation or mediation proceedings of any human rights issues or cases referred to him/her, human rights violations complained of.
wherein no settlement or compromise agreement has been reached by the parties, shall be disqualified to
participate in any manner in the investigation proper of said issues or cases. The participation and cooperation of said witness shall last until the case shall have been finally adjudicated
by the Commission and competent fora, to ensure that human rights protection remedies and the ends of
Section 12. Reports on cases disposed through conciliation or mediation. All conciliation or mediation justice are served.
processes facilitated shall be reported to the Commission by the respective offices or officers authorized to
conduct such proceedings. In view of the policy of confidentiality such reports shall be submitted on a 7. Effects of immunity from suit.
monthly basis, which shall be separated from other regular reports.
The immunity granted to the witness shall amount to his/her absolution as respondent in
Section 13. Training on conciliation and mediation CHR officers involved in the mediation and conciliation
process shall be required to undergo at least twenty-four (24) hours of orientation, seminar or training on the human rights investigation conducted by the CHR, or his/her non-inclusion or dismissal as a respondent
conciliation and mediation. They shall be required to attend further seminars, trainings or orientations on in the corresponding administrative or civil suit, or as an accused in the criminal case resulting from the
conciliation and mediation at least once every two years. human rights violation where he/she was initially implicated.

4. IMMUNITY OF WITNESS The immunity granted shall also be a bar to future prosecution for the same offense, or any similar offense
or elements of such offense arising from the act or omission constituting the human rights.
1. Witness Immunity from suit

The Commission may grant immunity from prosecution to any person whose testimony or whose
possession of documents or other evidence is necessary or convenient to determine the truth in any
investigation conducted by it or under its authority involving civil, political, economic, social or cultural rights.
8. Limitations of immunity from suit.
This immunity shall include the corresponding criminal and administrative prosecution resulting from such,
provided:
The immunity shall not attach in the following cases:
a) There is absolute necessity for the testimony of the witness;
a) The witness fails or refuses to testify in the proceedings conducted by the Commission;
b) There is no other direct evidence available to establish the involvement of the principal and other
b) The information and/or testimony is false or malicious;
offenders in the human rights violation case subject of the investigation by the CHR, or under preliminary
investigation by the Department of Justice Prosecutorial Service or by the Office of the Ombudsman, or c) The information and/or testimony was made only for the purpose of harassing, molesting, or in any way
under trial before competent fora, except the testimony of said witness; prejudicing the alleged perpetrator/s of human rights violation/s.

c) The testimony of the witness can be substantially corroborated on its material points;

d) The witness, if named as a respondent in a human rights investigation or as respondent in the 9. Effects of perjury or false testimony.
corresponding administrative or civil case, or as an accused in a criminal proceeding, does not appear to be
the most culpable. In the event that the information given under oath by the witness granted immunity was later on found to
be false, fabricated, or designed to harass and falsely accuse the espondents in the human rights case in
consequent criminal and administrative cases, e/she shall be immediately stripped of such immunity and the
5. How immunity may be availed of
corresponding action for perjury shall be taken against such witness, and the investigation of the human
rights case against him/her shall proceed. Further, if such witness has been admitted under the CHR witness
Witness immunity may be granted motu proprio by the Commission or upon application of the concerned
Protection Program, he/she shall be stripped of such benefits and released from the CHR Witness Protection
party. Provided, however, that in all cases, the concerned party shall execute an affidavit reciting the
Program.
substance of his/her proposed testimony and/or the nature of the evidence in his/her possession, attaching
thereto a written endorsement of the Regional Director or Investigator or Lawyer handling the case.

10. Admission to the CHR Witness Protection Program.

6. Extent of immunity from suit.


Once a witness has been granted immunity, he may be xli admitted to the CHR Witness Protection Program
in accordance with Rule 19.
The immunity granted shall extend to any statement or testimony that may be made by the witness for the
purpose of giving evidence. The statement or testimony may be made in and out of court proceedings, in
oral or written form, or on affidavit/s given by the witness.
B. IHRL Elements:
1. NATURE
International human rights law lays down obligations which States are bound to respect. It is 1. It is peremptory norm of the general international law.
primarily made up of treaties, agreements between sovereign states which creates a binding legal
2. It is accepted and recognized by the international community.
effect between the parties that have agreed to them. All the states that are involved has the
obligation to (1) respect (safeguard); (2) fulfill (to take positive action); and (3) protect human 3. There can be no derogation therefrom.
rights.
4. It can be modified only by a subsequent norm of general international law
2 CONCEPTS: having the same character.
1. Ideal / Orthodox View 3. General principles of law recognized by the community of nations
- The orthodox conception defines human rights as those rights that each human has against
every other, at all times, in all places, under all conditions, and simply in virtue of her humanity. 4. Judicial decisions and the teachings of the most highly qualified publicists (as subsidiary
- Typically identify human rights by their distinctive moral features, such as their profound means for the determination of rules of law)
importance and universality.
3. LECTUREON NICARAGUA CASE (jus cogens, non-use of force, self defense)
2. Practical / Political
NICARAGUA V. US
- The political conception of human rights define the boundary or limits of a political action.
Human rights specify the ways in which state officials must and must not act toward their FACTS:
own citizens, where it is understood that violations of these human rights can morally
permit and in some cases morally require interference by the international community. The On July 1979, the government of President Samoza was replaced by a government installed by the Frente
practical conception is usually found on various proclamations and treaties or convention Sandinista de Liberacion Nacional (FSLN). The US was initially supportive of the FSLN, but the US changed its
on human rights, such as the Universal Declaration and the Convention against Torture. attitude when it found out that FSLN was providing logistical support and weapons to guerillas in El Salvador.
- Human rights should be understood in the light of their roles or function in modern
international politics. (E.g. as rights that set limits to national sovereignty, or that serve as In 1981, the US stopped it support to Nicaragua and allegedly decided to undertake activities directed against
the focus of international concern.) Nicaragua. Also, two new groups of rebels against FSLN emerged namely, Fuerza Democratica Nicaraguense
(FDN) who operated in the border of Honduras and Alianza Revolucionaria Democratica (ARDE) who
FOUNDATION OF IHRL: The Universal Declaration of Human Rights is generally agreed to be the foundation operated in the border of Costa Rica. These rebels were collectively known as Contras. The US, allegedly,
of international human rights law. Adopted in 1948, the UDHR has inspired a rich body of legally binding aided the Contras in its fight against the FSLN. Thus, Nicaragua filed a case against the US before the
international human rights treaties. It represents the universal recognition that basic rights and fundamental International Criminal Court of Justice (ICJ).
freedoms are inherent to all human beings, inalienable and equally applicable to everyone, and that every
one of us is born free and equal in dignity and rights. Whatever our nationality, place of residence, gender, ALLEGATIONS OF NICARAGUA:
national or ethnic origin, colour, religion, language, or any other status, the international community on
1. That US effectively controlled the Contras and that these rebels are paid for by the US to fight the FSLN
December 10 1948 made a commitment to upholding dignity and justice for all of us.
2. That US military carried out attacks to overthrow the Nicaraguan Government when it mined the
Nicaraguan ports and committed other attacks on the ports, oil installation, and naval base of Nicaragua.
2. SOURCES OF IHRL ( focus on intl treaties / conventions, ICL)
3. That US aircrafts flew over Nicaraguan territory to gather intelligence, to provide supplies to the Contras,
Article 38(1) of the State of International Court of Justice enumerates the sources of human rights laws as and to intimidate the population.
follows:

1. International Conventions
ALLEGATIONS OF US:
2. International Custom, as evidence of a general practice accepted as law
1. That ICJ has no jurisdiction over the case filed because of the Multilateral Treaty Reservation that US
To be considered international customary law, there must be; signed.

a. The objective of acts amounting to settled practice of states 2. That the US acted under the inherent right of collective self-defense guaranteed by Art. 51 of the UN
Charter when it provided, upon request, the appropriate assistance to Costa Rica, Honduras and El Salvador
b. The subjective element consisting of a belief that this practice is rendered obligatory in response to the acts of aggression committed by Nicaragua against these countries.
by the existence of a rule of law requiring it
ISSUES:
JUS COGENS
1. Whether the ICJ has jurisdiction over the case. 2. The ICJ held that US violated its customary international obligation NOT to use force against
another State when it directly attacked Nicaragua in 1983 and 1984.
2. Whether the US violated the customary international law of non-use of force.
A. What is an armed attack?
2. Whether the US can validly invoke collective self-defense.
Armed attack refers to:
RESOLUTION: i. actions of regular armed forces crossing international borders, or
ii. sending by or on behalf of a State of armed bands, groups, irregulars or mercenaries,
1. The ICJ has jurisdiction over the case based on the principle of jus cogens. which carry out acts of armed force against another State of such gravity as to amount
to actual armed attack conducted by regular forces of its States substantial
A. What is the Multilateral Treaty Reservation or Vandenberg Reservation? involvement therein
It is a reservation which states that the US will not be affected by the decision of
the ICJ: In this case, the US committed acts amounting to armed attacks when:
i. US laid mines in Nicaraguan ports
i. Unless and until all parties to the case are also members of the UN,
ii. US attacked the Nicaraguan ports, oil stations, and naval base
or
iii. US assisted the Contras by organizing or encouraging the organization of irregular
ii. Unless US especially agrees to it
forces and armed bands for incursion into the territory of another State (constitute
threat or use of force)
On the basis of the Vandenberg reservation made by the US, the ICJ ruled that it has no
iv. US participated in acts of civil strife in another State (constitute threat or use of
jurisdiction over the case because the decision of the ICJ would not affect El Salvador, Honduras,
force)
and Costa Rica. However, the allegation that the US violated the principle of the non-use of force
which is a jus cogens vested jurisdiction to the ICJ.
3. The ICJ held that US could NOT justify its military and paramilitary activities on the basis of
The ICJ provided that a treaty norm and an international customary law (peremptory norm)
collective self-defense
should peacefully co-exist. The following shows the relationship between treaty and international
customary law:
A. What are the requisites for the proper exercise of collective self-defense?
a. Situations where customary law principles are identical to treaty provisions The following are the requisites for the proper exercise of collective self-defense:
apply the treaty and customary law side by side 1. A State must have been the VICTIM of an armed attack
2. That State must DECLARE itself a victim of armed attack
b. Situations where treaty and customary law rights and obligations differed in o Who determines if there is an armed attack?
respect with the same subject matter The VICTIM STATE
If there is no conflict, then apply the treaty and customary law Third party State cannot exercise the right of collective self-
harmoniously with the case defense based on the third party States assessment
If there is conflict, then the customary law or jus cogens must govern
because it occupies the highest position in the hierarchy of laws. 3. The victim State must REQUEST for assistance
4. The victim State must REPORT to the UN Security Council based on Art. 51 of the
Apply Art. 53 of the Vienna Convention on the Law of Treaties.
UN Charter.
NOTE: Article 53. TREATIES CONFLICTING WITH A PEREMPTORY
NORM OF GENERAL INTERNATIONAL LAW ("JUS COGENS") A treaty is o But under customary international law, the report is not a requirement.
void if, at the time of its conclusion, it conflicts with a peremptory Nevertheless, the ICJ held that the absence of report may be one of the
norm of general international law. For the purposes of the present
factors indicating whether the State in question was itself convinced that it
Convention, a peremptory norm of general international law is a
was acting in self-defense
norm accepted and recognized by the international community of
States as a whole as a norm from which no deroga tion is permitted
NOTE: Article 51. Nothing in the present Charter shall impair the inherent right of
and which can be modified only by a subsequent norm of general
individual or collective self-defence if an armed attack occurs against a Member of the
Uinternational law having the same character. United Nations, until the Security Council has taken measures necessary to maintain
international peace and security. Measures taken by Members in the exercise of this
In this case, the jus cogens of non-use of force should prevail over the multilateral treaty
right of self-defence shall be immediately reported to the Security Council and shall
reservation made by the US because of the conflict between the two. not in any way affect the authority and responsibility of the Security Council under the
present Charter to take at any time such action as it deems necessary in order to
maintain or restore international peace and security.
In this case, the ICJ noted that: 2-fold functions:

1. None of the countries (El Salvador, Costa Rica, and Honduras) declared themselves as a. Contentious Cases
victims of an armed attack
2. They did NOT request assistance from the US to exercise its right to self-defense b. Advisory opinions
3. US did not claim that when it used force, it was acting under Art. 51 of the UN Charter SECRETARIAT-Main organs of the UN. Function as the administrator.
4. US did not report that it was acting in self-defense to the UN Security Council.
II. UN CHARTER
6. LECTURE ON UN SYSTEM AND ADDITIONAL TOPICS
a. HR PROVISIONS
I.MAIN ORGANS
Art 13 (1)
UN GENERAL ASSEMBLY
The General Assembly shall initiate studies and make recommendations for the purpose of:
General Assembly occupies a central position as the chief deliberative, policymaking and representative
organ of the United Nations. Comprising all 193 Members of the United Nations, it provides a unique a. promoting international co-operation in the political field and encouraging the progressive
forum for multilateral discussion of the full spectrum of international issues covered by the Charter. It also development of international law and its codification;
plays a significant role in the process of standard-setting and the codification of international law. b. promoting international co-operation in the economic, social, cultural, educational, and health
fields, and assisting in the realization of human rights and fundamental freedoms for all without
The Assembly is empowered to make recommendations to States on international issues within its distinction as to race, sex, language, or religion.
competence. It has also initiated actionspolitical, economic, humanitarian, social and legalwhich have c. The further responsibilities, functions and powers of the General Assembly with respect to
affected the lives of millions of people throughout the world. matters mentioned in paragraph 1 (b) above are set forth in Chapters IX and X.

Security Council
Article 1(3)
The Security Council has primary responsibility, under the UN Charter, for the maintenance of international
The Purposes of the United Nations are:
peace and security. It has 15 Members (5 permanent and 10 non-permanent members). Each Member has
one vote. Under the Charter, all Member States are obligated to comply with Council decisions. The 3. To achieve international co-operation in solving international problems of an economic, social, cultural,
Security Council takes the lead in determining the existence of a threat to the peace or act of aggression. It or humanitarian character, and in promoting and encouraging respect for human rights and for
calls upon the parties to a dispute to settle it by peaceful means and recommends methods of adjustment fundamental freedoms for all without distinction as to race, sex, language, or religion;
or terms of settlement. In some cases, the Security Council can resort to imposing sanctions or even
authorize the use of force to maintain or restore international peace and security. Article 55

ECONOMIC AND SOCIAL COUNCIL


With a view to the creation of conditions of stability and well-being which are necessary for
Is the principal body for coordination, policy review, policy dialogue and recommendations on economic, peaceful and friendly relations among nations based on respect for the principle of equal rights and self-
social and environmental issues, as well as implementation of internationally agreed development goals. It determination of peoples, the United Nations shall promote:
serves as the central mechanism for activities of the UN system and its specialized agencies in the
economic, social and environmental fields, supervising subsidiary and expert bodies. It has 54 members, a. higher standards of living, full employment, and conditions of economic and social progress and
elected by General Assembly for overlapping three-year terms. It is the UN central platform for reflection, development;
debate, and innovative thinking on sustainable development.
b. solutions of international economic, social, health, and related problems; and international cultural and
TRUSTEESHIP COUNCIL (SUSPENDED) educational cooperation; and
Established in 1945 by the UN Charter, to provide international supervision for 11 Trust Territories that had
been place under the administration of seven Member states, and ensure that adequate steps were taken c. universal respect for, and observance of, human rights and fundamental freedoms for all without
to prepare the Territories for self-government and independence. distinction as to race, sex, language, or religion.

INTERNATIONAL COURT OF JUSTICE Article 56

Is the principal judicial organ of the UN. Its seat is at the peace palace in the Hague(Netherlands). The
courts role is to settle, in accordance with the international law, legal disputes submitted to it by states and All Members pledge themselves to take joint and separate action in co-operation with the
give advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies. Organization for the achievement of the purposes set forth in Article 55.
b. DOMESTIC JURISDICTION 3. All Members shall settle their international disputes by peaceful means in such a manner that
international peace and security, and justice, are not endangered.
sovereignty 4. All Members shall refrain in their international relations from the threat or use of force against
the territorial integrity or political independence of any state, or in any other manner
inconsistent with the Purposes of the United Nations.
5. All Members shall give the United Nations every assistance in any action it takes in accordance
III. COLLECTIVE RIGHTS with the present Charter, and shall refrain from giving assistance to any state against which the
United Nations is taking preventive or enforcement action.
a. Purely Individual Rights 6. The Organization shall ensure that states which are not Members of the United Nations act in
accordance with these Principles so far as may be necessary for the maintenance of
-any right that can be exercise as individual. Rt to life, sppech, etc
international peace and security.
b. Individual Rights Necessary Expressed collectively 7. Nothing contained in the present Charter shall authorize the United Nations to intervene in
matters which are essentially within the domestic jurisdiction of any state or shall require the
c. Purely collective rights Members to submit such matters to settlement under the present Charter; but this principle
shall not prejudice the application of enforcement measures under Chapter Vll.
d. Individual Rights with collective Manifestation
PROTECTION OF MINORITIES
IV. PROHIBITION ON GENOCIDE Article 26

Article II: In the present Convention, genocide means any of the following acts committed with intent to All persons are equal before the law and are entitled without any discrimination to the equal protection of
destroy, in whole or in part, a national, ethnical, racial or religious group, as such: the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and
effective protection against discrimination on any ground such as race, colour, sex, language, religion,
(a) Killing members of the group; political or other opinion, national or social origin, property, birth or other status.
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in 6. LECTURE ON THE ICC (complementary principle and additional information on jurisdiction)
whole or in part;
(d) Imposing measures intended to prevent births within the group; Jurisdiction of ICC and some Exceptions (Lecture)
(e) Forcibly transferring children of the group to another group.
Art 5 of the Rome Statute - Article 5
PROTECTED GROUPS:
Crimes within the jurisdiction of the Court
1. National group
The jurisdiction of the Court shall be limited to the most serious crimes of concern to the international
2. Ethnic group community as a whole. The Court has jurisdiction in accordance with this Statute with respect to the
following crimes:
3. Religious group

4. Racial group (a) The crime of genocide;

V. NON-DISCRIMINATION
(b) Crimes against humanity;
SELF-DETERMINATION
(c) War crimes;
Article 2
(d) The crime of aggression.
The Organization and its Members, in pursuit of the Purposes stated in Article 1, shall act in accordance
with the following Principles.

1. The Organization is based on the principle of the sovereign equality of all its Members.
2. All Members, in order to ensure to all of them the rights and benefits resulting from
membership, shall fulfill in good faith the obligations assumed by them in accordance with the 4 principles that must concur
present Charter.
a. Ratione materiae (what) 1.a Crime is

committed in territory
b. Ratione temporae (when)
of State party (SP)

c. Ratione soli (where) 1b. Crime is

committed in territory
d. Ratione personae (who)
of SP (not ratifying

e. + How State) but accepted the

jurisdiction of ICC
f. + notice
2a. If the person who

a. Ratione materiae (what) committed the crime is

a citizen of the SP
- Cases that fall under jurisdiction of ICC that is, most heinous/ serious crimes concerned to ICC as a
whole 2b. If the person who

committed the crime is


1) Genocide
NOT a citizen of the
- See Genocide section
2) Crimes against Humanity SP

- Widespread/systematic attack against civilian >(2b)If the person who


3) War Crimes
committed the crime is
- Violation of provisions in Geneva Convention
4) Crimes of Aggression NOT a citizen of the
- not defined in Rome Statute SP and
- (2010) Review Conference Kampalla Amendment
- Any initiation, planning, preparation or execution of acts resorting to the illegal use of armed >does not recognized
forces threatening the sovereignty, territorial integrity or political independence of another
State the juri of ICC

>crime is committed in
b. Ratione temporae (when)
- Crime that are alleged to be committed after July 1 2002 fall under ICC the territory non-SP
- Any case before July 1, 2002 cant be taken cognizance by ICC
- On the 1st day of the month following the 60th day of deposit

c. Ratione soli (where) d. Ratione personae (who)


- Principle of territoriality

Jurisdiction - Citizen of SP

of the ICC
e. (5.) How 3 ways
1) Initiated by the Prosecutor himself
XPN: showing Natl Prosecutor/

2) SP initiates the investigator/ prosecution of the case

Investigator is unwilling. Unable to properly investigate/ prosecute


3) Victim: when it initiates, the case goes to Pretrial Chamber to assess WoN the alleged crime is
cognizable by the ICC

- matter of proof and require cooperation of NGO, Intergovernmental Entities or other


If the 4Ws concur, the Pretrial Chamber will transmit to prosecutor concerned agencies

2) Case already properly prosecuted/investigated


Q: If a State is not party, is there no way for it to be brought in the ICC? also not citizen of the SP -State decided not to prosecute the case through Decision/ Resolution
ex. theres no probable cause
3) There is trial on accused/ perpetrator XPT if there is showing that the conducted hearing was:
A: Yes, (xpn) When the situation of the case is referred to Office of the Prosecutor by the UN
Security Council
a. Trial is perfunctorily conducted - Just to show that the conduct of trial was complied
- NOTE: UN Security Council - responsible for promotion of advancement and preservation of with to save the perpetrator from Criminal responsibility in the ICC
peace.
- If the case is referred to UN Security Council, theres no need Ratione Soli to be complied
- Chapter 7 of the UN Charter b. The judges were impartial/ lack of independence ICC can send its members in other
- Acts that threaten peace and security of breaches of Peace or Acts of Aggression State for proper administration of justice
- Not needed that he is citizen of SP
3. Concept of Superior/ Command Responsibility (Petralba, pp. 137-138)
Doctrine of Greatest Responsibility- One who has the greatest responsibility for the crime
f. (6) Aside from 4Ws, NOTICE is very important to be issued to the State Party & the alleged committed will be brought in the ICC
perpetrator.

Key Feature of the ICC

Complementarity Basic rule in Intl Humana Rights Law


Seeming violation of crime that is widespread and systematic attack
Not directed to ICC first BUT first tried in National Laws
Doctrine of Exhaustion of Remedies

Principle of Complementarity

- National Courts: Natl Laws


ICC: Court of Last Resort

Case will be outright inadmissible by

ICC if not exhausted remedies

Instances: [PAp-Tpi]

1) Prosecution stage at SP