Podcast
Questions and Answers
What constitutes the primary rule in the context of international obligations?
What constitutes the primary rule in the context of international obligations?
Which of the following is NOT a requirement under the criteria for determining responsibility?
Which of the following is NOT a requirement under the criteria for determining responsibility?
What is the subjective element when determining responsibility?
What is the subjective element when determining responsibility?
In determining responsibility, which of the following is considered an objective element?
In determining responsibility, which of the following is considered an objective element?
Signup and view all the answers
Which circumstance can preclude the wrongful nature of an act?
Which circumstance can preclude the wrongful nature of an act?
Signup and view all the answers
What is the role of the Security Council in the context of compliance with international obligations?
What is the role of the Security Council in the context of compliance with international obligations?
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?
In the context of judicial relations regarding freedom of expression, what was determined in the case of Bild GmbH & Co.KG v. Germany?
Signup and view all the answers
Which of the following best describes countermeasures in international law?
Which of the following best describes countermeasures in international law?
Signup and view all the answers
What is the main focus of Article 21 in relation to the prohibition of force?
What is the main focus of Article 21 in relation to the prohibition of force?
Signup and view all the answers
Which concept is described under Article 24 as excusing unlawful actions caused by external forces?
Which concept is described under Article 24 as excusing unlawful actions caused by external forces?
Signup and view all the answers
What does Article 25 highlight about the actions of a State in a situation of necessity?
What does Article 25 highlight about the actions of a State in a situation of necessity?
Signup and view all the answers
What are countermeasures designed to achieve according to Articles 49-54?
What are countermeasures designed to achieve according to Articles 49-54?
Signup and view all the answers
In the context of armed intervention, what does Article 20 specify?
In the context of armed intervention, what does Article 20 specify?
Signup and view all the answers
Which of the following best describes 'force majeure' as stated in Article 23?
Which of the following best describes 'force majeure' as stated in Article 23?
Signup and view all the answers
What principle does Article 42 outline regarding the injured state?
What principle does Article 42 outline regarding the injured state?
Signup and view all the answers
In the context of international obligations, what does Article 48 emphasize?
In the context of international obligations, what does Article 48 emphasize?
Signup and view all the answers
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
Legal Cases
- 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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
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!
