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Dictionary of Gross Human Rights Violations

International Criminal Law

International criminal law is the body of laws relating to international crimes. International crimes include such offences as genocide, crimes against humanity, war crimes, terrorism, and piracy. International criminal law encapsulates three elements: 1) the laws setting out international crimes and criminal responsibility (substantive international law), 2) the international criminal legal system (including institutions and procedural law), and 3) the relations between national legal systems (including elements such as extradition and the sharing of evidence). International criminal law also places certain obligations on states to prosecute and punish international crimes. International criminal law is a branch of public international law.

International criminal law is rooted in the relatively new idea that individuals, and not just states, can be subjects of international law. International courts with jurisdiction over international criminal law include the International Criminal Court, the International Criminal tribunal for the Former Yugoslavia, the International Criminal Tribunal for Rwanda, the Extraordinary Chambers in the Courts of Cambodia, and the Special Court for Sierra Leone. International crimes may also be prosecuted in national courts (civilian or military) if the prosecuting state has personal or territorial jurisdiction over the accused, or under the principle of universal jurisdiction (a rule that covers only the most serious crimes such as genocide).

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