International Criminal Court Overview
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Questions and Answers

What constitutes the primary rule in the context of international obligations?

  • An obligation that is not violable
  • An optional obligation for member states
  • An obligation that will be violated by a subject of IL bound by it (correct)
  • An obligation dependent on the consent of other states

    • Which of the following is NOT a requirement under the criteria for determining responsibility?

  • An act with potential damage (correct)
  • A secondary obligation
  • A conduct that implies a breach
  • Attribution to an international body

    • What is the subjective element when determining responsibility?

  • The consequences of the act
  • The legal framework guiding the act
  • The act performed by an individual
  • Attribution to organs of the state (correct)

    • In determining responsibility, which of the following is considered an objective element?

    <p>The breach itself (D)</p> Signup and view all the answers

    Which circumstance can preclude the wrongful nature of an act?

    <p>Express consent (D)</p> Signup and view all the answers

    What is the role of the Security Council in the context of compliance with international obligations?

    <p>To decide measures necessary for compliance (A)</p> Signup and view all the answers

    In the context of judicial relations regarding freedom of expression, what was determined in the case of Bild GmbH & Co.KG v. Germany?

    <p>A breach of freedom of expression was found (B)</p> Signup and view all the answers

    Which of the following best describes countermeasures in international law?

    <p>Measures taken to compel compliance with obligations (B)</p> Signup and view all the answers

    What is the main focus of Article 21 in relation to the prohibition of force?

    <p>Legitimate self-defense under specific conditions (B)</p> Signup and view all the answers

    Which concept is described under Article 24 as excusing unlawful actions caused by external forces?

    <p>Distress (A)</p> Signup and view all the answers

    What does Article 25 highlight about the actions of a State in a situation of necessity?

    <p>Choice between wrongful act and sacrificing essential interests (A)</p> Signup and view all the answers

    What are countermeasures designed to achieve according to Articles 49-54?

    <p>Induce compliance from the responsible state (A)</p> Signup and view all the answers

    In the context of armed intervention, what does Article 20 specify?

    <p>Aid to legitimate governments only (D)</p> Signup and view all the answers

    Which of the following best describes 'force majeure' as stated in Article 23?

    <p>Unlawful actions by a state due to irresistible force (B)</p> Signup and view all the answers

    What principle does Article 42 outline regarding the injured state?

    <p>It is the sole entity that can invoke responsibility (A)</p> Signup and view all the answers

    In the context of international obligations, what does Article 48 emphasize?

    <p>Invocation of responsibility by states other than the injured state (B)</p> Signup and view all the answers

    Flashcards

    International Obligation

    A rule of international law that a subject of international law is bound to obey.

    Attribution

    Connecting a conduct (action or omission) with a state in international law.

    Subjective Element of Responsibility

    Attribution of conduct (action/omission) to the state.

    Objective Element of Responsibility

    The breach of an international obligation by a state.

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    Circumstances Precluding Wrongfulness

    Specific situations that may justify a state's breach of international obligation.

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    Consequences of Breach

    The legal effects of a state violating international law.

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    Security Council Measures

    The Security Council may decide on measures to enforce international law.

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    Freedom of Expression

    A fundamental right protecting the expression of ideas, beliefs.

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    Armed Activities

    Use of force by a State against another State, involving military actions, including attacks, occupation, or support for rebel groups.

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    Types of International Obligations

    Different categories of legal duties that States are bound to comply with under international law.

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    Consent

    A State's voluntary acceptance of an obligation, often through treaties or agreements.

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    Self-Defense

    A State's right to use force against another State when facing an imminent armed attack.

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    Countermeasures

    Actions taken by a State to induce another State to comply with its international obligations after a breach.

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    Force Majeure

    An irresistible force or unforeseeable event that prevents a State from fulfilling its international obligations.

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    Distress

    A situation where the author of an act is compelled to choose between violating an obligation and saving a life or essential interest.

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    Necessity

    A State’s act of violating an international obligation to protect an essential interest.

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    Study Notes

    ICC Restricted Information

    • Presenter: Claudia Jiménez
    • General Scheme of International Criminal Court (ICC)
    • Primary Rule: An international obligation violated by a state party to the obligation
    • IT, Custom, GPL are mentioned

    Main Features

    • Secondary obligation, dependent on primary obligation (art. 1)
    • Requirements (art. 2): Conduct (action or omission) implying a breach (no damage)
    • Attribution to international subject

    How to Determine Responsibility

    • Subjective element (attribution)
    • Organs of the state
    • Objective element
    • Wrongful act

    Subjective Element: Attribution

    • Organs
    • Of the state
    • The

    How to Determine Responsibility

    • Determining responsibility
    • Wrongful act
    • Circumstances excluding wrongfulness

    Circumstances Precluding Wrongfulness

    • Circumstances (e.g., precluding the use of force)
    • Consent (Article 20)
    • Self-defense (Article 21)
    • Countermeasures (Article 22)
    • Force majeure (Article 23)
    • Distress (Article 24)
    • Necessity (Article 25)
    • Injured state (article 42)
    • Countermeasures (Article 49, 54)

    Consequences

    • New legal relationship
    • Measures to compel compliance (e.g., decentralized, countermeasures)

    Security Council

    • Article 41
    • May decide on measures

    Deployments of Troops

    • Deployment of troops
    • Abroad
    • States with complex structure
    • Bild v. Germany (3/10/23)
    • Violations of freedom of expression
    • Powell & Rainer v. United Kingdom (art. 13 ECHR)
    • Disturbance (e.g., aircraft noise)

    Sovereign Immunity

    • State as a UN protected zone
    • Morillon (1993)

    Obligations of the State

    • Sanitary services
    • To another state

    Other relevant aspects

    • Insurrecci on of ales que alcanzan el poder
    • Examples of wrongful acts
    • ICC cases, including the Nicaragua v. USA case (1986)
    • Armed activities
    • Examples of actions: Iran (Ayatollah, Yomeini & Embassies)

    Types of International Obligations/International Rules

    • Types of international rules

    Article 51 of the UN Charter

    • Prohibits use of force
    • Note the exception

    Articles 55 and 56 of the ICC (General provisions)

    • Additional special situations (e.g., lex specialis)

    Notes

    • Specific examples of types of rules/acts are mentioned.

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    Related Documents

    Week 8 Responsibility Of States And Sanctions (PDF)

    Description

    This quiz covers the fundamental concepts of the International Criminal Court, including obligations and responsibilities of state parties. It also emphasizes the criteria for determining state responsibility and the circumstances that may preclude wrongfulness. Test your knowledge on key articles and definitions relevant to international law!

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