SESSION 2

TOPIC: WHAT IS INTERNATIONAL CRIMINAL LAW

! GRADED RECITATION
! OUTLINE
o Read: Module 2 Practice Training Materials developed by the
International Criminal Law Services (Part of the War Crimes Justice
Project funded by the European Union) file uploaded in FB;
" Introduction
" What is Public International Law
" What is International Criminal Law
" Sources of International Criminal Law
Overview of the five sources of International Criminal Law
o As compared to the sources of International Law (under
Art. 38, Statute of the International Court of Justice)
o Applicability to Philippine courts
- Sources of Philippine Criminal Law
- No common law crimes in the Philippines
- Treaties and laws of preferential applications
(under Article 2 of the Revised Penal Code)
o Applicability to ICC (under the Rome Statute)
- Rome Statute of the ICC Read Article 21 (full
text uploaded in FB)
- ICC case - Al Bashir (uploaded in FB) no
need to print, read only paragraphs 44, 128-132
- Sections 31 & 32 of the Vienna Convention on
the Law of the Treaties
Treaty Law
o Bayan Muna vs. Romulo, GR 159618, Feb. 1, 2011
(TAKE NOTE OF ALL ISSUES);
o Pimentel vs. Romulo, GR 158088, July 6, 2005;
o Nicolas vs. Romulo, GR 175888, Feb. 11, 2009;
Customary International Law
o Pharmaceutical vs. Duque, GR 173034, Oct. 9, 2007;
o Sec. of Justice vs. Lantion, GR 139465, Jan. 18, 2000;
o LGBT Party vs. Comelec, GR 190582, April 8, 2010;
o ICTY cases (uploaded in FB) read in relation to pp.
10-11 of Module 2:
- Prosecutor vs. Dusko Tadic
- Prosecutor vs. Milan Martic
Other Sources of ICL
Hierarchy between custom and treaty law, and jus cogens
o Jurisdictional Immunities of the State (Germany vs.
Italy) before the International Court of Justice,
February 3, 2012 (uploaded in FB);
" Principles and modes of interpretation of ICL
" Relationship between IHL, HRL and ICL