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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Week 8 Responsibility Of States And Sanctions (PDF)

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