Reference no: EM133040960 , Length: 500 Words

International criminal law

Assignment 1 (maximum 300 words)

In the fictive state Delta, a series of peaceful demonstrations occurred in 2015 and these became the starting point of an uprising against the country's leadership. Mr Deltson had been president for more than 25 years and during his time in office, the country had become a state characterized with large financial debts, high unemployment and weak public institutions. Delta became a state partyto the Rome Statute in 2003.

The protests against the government were peaceful at first but within a couple of weeks, the disorder spread across the country. In a desperate attempt to show strengthand retain control, Mr Deltson decided to shut down media stations and to cut off internet access for the public. He also ordered the security services to detain as many political opponents and demonstrators as possible.

However, the situation in Delta worsened and became an issue of concern for the UN. Different NGOs had reported about the violent situation for ordinary people and torture of many political opponents, and urged the UN to act. After the UN Security Council tried to solve the situation through dialogue and peacefulmeans, it decided upon a military intervention. The adopted resolution firmly authorized the international community to protect the civilians in Delta and to destroy Mr Deltson's military resources. The resolution was approved with 13 votes. There were no opposing votes, but two permanent members abstained from voting.

The intervention was carried out by an international coalition of several states including the powerful states Omega and Epsilon. Mainly air strikes were used, targeting different ground military units with supplies of weapons.

One of the coalition's missions was to bomb a barrack in the northern parts of Deltaconfirmed to be the storage place for warheads. A pilot from the air forces of Epsiloncarried out the mission without any difficulties and the barrack was destroyed within minutes. Laterit was discovered that the barrack, besides storing heavy weapons, also housed more than fifty persons, who had taken refuge into the building. All persons died instantly in the attack. Some of them were children (probably between 12-15 years of age) who served under Mr Deltson's direct military command.These children had been recruited to participate and fight against the international coalition.

Have any international crimes been committed?If so, how would you explain the individual responsibility? Motivate your answer and refer to the Rome Statute.

Assignment 2 (maximum 200 words)

a) Explain the relationship between the UN Security Council and the ICC. Refer to articles in the Rome Statute.
b) Identify the mental elements of the crime genocide as regulated in the Rome Statute.