Fundamental Case Law in International Criminal Justice
- Turkey | Ilco & Law
- Sep 23, 2025
- 4 min read
Updated: Oct 14, 2025
Fundamental Case Law in International Criminal Justice / Att. M. Taha Dogan 23.09.2025
Turkey | Ilco & Law Academy – 23.09.2025
Ref. No: ILCO-2502
FUNDAMENTAL CASE LAW IN INTERNATIONAL CRIMINAL JUSTICE
International criminal law, which has developed since the 20th century as a discipline aiming to prosecute grave violations such as crimes against humanity, war crimes, and genocide, is in a constant state of transformation both in theory and practice. In this process of evolution, cases heard before different international and domestic courts have gone beyond being trials concerning specific events, and have instead become turning points in the construction of the fundamental principles of international criminal justice.
The following table systematically summarizes the key cases that practitioners in this field must be well acquainted with in the context of investigating and prosecuting international crimes. It highlights which types of crimes these cases dealt with, the legal contributions they made to international criminal law, and the historical events upon which they were based.
Court | Case | Type of Crime | Innovation / Legal Contribution | Underlying Event |
|---|---|---|---|---|
Nuremberg International Military Tribunal (1945–46) | Göring et al. | Crimes against peace, war crimes, crimes against humanity | First recognition of individual criminal responsibility at the international level; limitation of the defense of superior orders | Aggressive wars of Nazi leaders, concentration camps |
Tokyo International Military Tribunal (1946–48) | Hideki Tōjō et al. | War of aggression, war crimes | Emphasis on the illegality of war of aggression in Asia | Pacific War and Japanese occupations |
ICTY | Tadić (1995–99) | Crimes against humanity | Recognition that internal conflicts also fall under international criminal law; development of the “Joint Criminal Enterprise” doctrine | Bosnian civil war |
ICTY | Furundžija (1998) | Torture | Defined the prohibition of torture as a jus cogens norm | Torture against civilians in Bosnia |
ICTY | Kunarac (Foča, 2001) | Crimes against humanity | Recognition of sexual enslavement and systematic rape as crimes against humanity | Mass rapes against women in Foča |
ICTY | Krstić (2001) | Genocide | Recognition of the Srebrenica massacre as genocide | 1995 Srebrenica massacre |
ICTY | Milošević (2002–2006) | Genocide, crimes against humanity | First trial of a head of state before an international tribunal (ended inconclusively due to his death) | Wars in Bosnia, Croatia, Kosovo |
ICTR | Akayesu (1998) | Genocide, crimes against humanity | Rape recognized as a tool of genocide; clarification of genocidal intent | 1994 Rwandan genocide |
ICTR | Kambanda (1998) | Genocide | First conviction of a prime minister | Rwandan genocide |
ICTR | Bagosora (2008) | Genocide, crimes against humanity | “Brains of the genocide” case | Rwandan genocide |
Special Court for Sierra Leone | Charles Taylor (2012) | Crimes against humanity, war crimes | First conviction of a former head of state; emphasis on child soldier recruitment | Sierra Leone civil war |
Cambodia ECCC | Duch (2010) | Crimes against humanity | Conviction of the commander of a torture center | Khmer Rouge regime (Tuol Sleng prison) |
Cambodia ECCC | Nuon Chea & Khieu Samphan (2014–18) | Genocide | Judicial recognition of the Cambodian genocide | Mass killings during Khmer Rouge era |
ICC | Lubanga (2012) | War crimes | First ICC conviction; recruitment of child soldiers firmly established | Civil war in Congo |
ICC | Katanga (2014) | Crimes against humanity | Liability through aiding and abetting recognized | Attacks in Congo’s Ituri region |
ICC | Bemba (2016, later acquitted) | Crimes against humanity | Debate on command responsibility | Conflicts in the Central African Republic |
ICC | Ntaganda (2019) | War crimes, crimes against humanity | Sexual violence against children recognized as a war crime | Attacks against civilians in Congo |
ICC | Al Mahdi (2016) | War crimes | Attacks on cultural heritage recognized as war crimes | Destruction of Timbuktu shrines in Mali |
ICC | Al-Bashir (2009–) | Genocide, crimes against humanity | First arrest warrant issued against a sitting head of state | Attacks against civilians in Darfur |
Israel (National Court) | Eichmann (1961) | Genocide, crimes against humanity | Legitimization of universal jurisdiction | Holocaust, Nazi concentration camps |
UK (House of Lords) | Pinochet (1998–99) | Torture | Limits of immunity for former heads of state clarified | Torture in Chile |
Senegal (African Extraordinary Chambers) | Hissène Habré (2016) | Crimes against humanity, torture | Application of universal jurisdiction in Africa | Mass repression in Chad |
Germany (Koblenz) | Syrian Trial (2021) | Torture | First conviction concerning torture in the Syrian civil war under universal jurisdiction | Regime prisons in Syria |
ICC | Palestine Investigation (2021– … ) | War crimes, crimes against humanity, genocide | The ICC decided to investigate alleged war crimes committed in Israel and Palestine. In 2024, with arrest warrant requests, the transition to the trial phase came to the agenda. Considered one of the most important current cases in international politics and law, it is regarded as a critical stage testing the independence of international criminal proceedings against political pressures. The International Criminal Court’s recognition of jurisdiction over Palestine established an important precedent in the interpretation of “state” status. It opened the door to the investigation of occupation, settlement policies, and disproportionate military operations within the framework of international criminal law. | 2014 Gaza war, settlement policies in the West Bank, and international crimes committed in the Israel-Palestine conflict. |
As can be seen, the cases that played a role in the development of international criminal procedure not only shed light on the legal dimension of specific conflicts but also shaped the normative framework of the contemporary international legal order. From Nuremberg to Koblenz, this jurisprudence has concretized the boundaries of individual responsibility under international law, the exceptions to the immunities of heads of state, and the universal principles relating to the protection of victims.
Therefore, these cases constitute a mandatory point of reference in both academic and practice-oriented studies. For lawyers who wish to understand the future of international criminal justice, the examination of this case law serves not only as a historical perspective but also as a practical and contemporary guide.
23 September 2025
Prepared By
Att. Muhammed Taha DOGAN