16 Questions
What was the main subject of the District Court of The Hague's judgment on 29 January 2020?
Denying functional immunity to State officials accused of international crimes
According to the International Law Commission (ILC) Draft Articles on Immunity 2017, what trend did it acknowledge regarding immunity of State officials?
Exception to functional immunity in cases of international crimes
What surprising stance did the District Court of The Hague take in relation to customary international law and the Dutch government's opinion?
It prioritized customary international law over the Dutch government's opinion
Who were the officials involved in the civil complaint heard by the District Court of The Hague?
Supreme commanders of the Israeli army and Israeli air force
What principle under Dutch law confers jurisdiction on Dutch courts in cases with a strong nexus to the Netherlands?
Principle of forum of necessity
Why did the Court not address the jurisdictional issue mentioned in the text?
Because it disposed of the case on immunity grounds
Which of the following crimes is NOT listed as an exception to functional immunity under Article 7 of the ILC Draft Articles on Immunity 2017?
Human trafficking
The ILC's attempt to codify rules related to immunity was met with criticism primarily due to:
Insufficient State practice backing the rules
Why may progressive development of international law by the ILC backfire?
It may lead to inconsistent judicial interpretations
In which case did the European Court of Human Rights decide that functional immunity of foreign State officials applied to civil claims based on allegations of torture?
Jones v United Kingdom (2014)
'Lex ferenda' and 'lex lata' mentioned in the text refer to:
'Future law' and 'current law'
What did the Hague District Court interpret the trend regarding immunity to be in relation to functional immunity?
'Lex ferenda'
Why did the District Court in The Hague fail to explain the collapse of the distinction between civil and criminal proceedings?
Due to the absence of a detailed rule of customary international law in prosecution of international crimes
What is the potential consequence of upholding State official immunity for international crimes according to the text?
Rendering (quasi-)universal jurisdiction largely ineffective
Why might the Hague District Court's decision on immunity for international crimes be considered undesirable from an accountability perspective?
It opens up a glaring impunity gap
What does the District Court suggest regarding the rejection of immunity for State officials in international crimes in relation to international law?
Moving in a grey area not fully governed by international law
Learn about the possibly momentous judgment by the District Court of The Hague in 2020 that may reverse the international trend of denying functional immunity to State officials in allegations of international crimes. Explore the implications of this judgment on international law and the ILC Draft Articles on Immunity 2017.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
