Lecture 5 questions

The ICC aims to prosecute individuals for serious crimes like genocide, war crimes, and crimes against humanity.

The ICTY addressed crimes in the former Yugoslavia, while the ICTR focused on genocide against the Tutsi in Rwanda.

They established important case law, including recognizing rape as a means to commit genocide.

<p>A major criticism is their costly nature and the excessive length of proceedings.</p> Signup and view all the answers

<p>The ICC's jurisdiction is limited by its dependency on national authorities for the enforcement of its rulings.</p> Signup and view all the answers

<p>They aimed to give a voice to victims and document the historical facts of the crimes.</p> Signup and view all the answers

<p>It refers to the courts' inability to enforce their judgments and rely on national jurisdictions to act.</p> Signup and view all the answers

<p>Domestic courts may be unwilling or unable to act on international crimes, prompting the need for international tribunals.</p> Signup and view all the answers

<p>It is characterized by direct or indirect participation of individuals in positions of governmental authority or military command.</p> Signup and view all the answers

<p>Reasons include a lack of political will and the potential collapse of national institutions, as seen in Rwanda.</p> Signup and view all the answers

<p>Rule 11bis allows for the referral of cases from the ICTY and ICTR to national jurisdictions.</p> Signup and view all the answers

<p>They are classified as either having primary jurisdiction, limited primacy, or complementarity.</p> Signup and view all the answers

<p>The ICC is a permanent institution, while ad hoc tribunals are established for specific conflicts.</p> Signup and view all the answers

<p>As of November 14, 2023, there are 124 States Parties to the Rome Statute.</p> Signup and view all the answers

<p>Challenges include political resistance from states and the complexities of international law.</p> Signup and view all the answers

<p>Complementarity refers to the ICC's role to intervene only when national jurisdictions are unable or unwilling to prosecute.</p> Signup and view all the answers

<p>Any acts such as murder, extermination, enslavement, or torture committed as part of a widespread or systematic attack against a civilian population with knowledge of the attack.</p> Signup and view all the answers

<p>'Widespread or systematic attack' is crucial as it distinguishes crimes against humanity from common crimes, indicating a level of organization and scale.</p> Signup and view all the answers

<p>'Mens rea' refers to the mental state of the perpetrator, specifically the knowledge that the attack is occurring or the reasonable grounds for such knowledge.</p> Signup and view all the answers

<p>Grave breaches of the Geneva Conventions and serious violations of the laws and customs applicable in international armed conflict.</p> Signup and view all the answers

<p>War crimes occur during armed conflicts, whereas internal disturbances such as riots or isolated violence do not fall under this classification.</p> Signup and view all the answers

<p>Knowledge establishes the accountability of perpetrators, as it shows their awareness of the systematic or widespread nature of the attack.</p> Signup and view all the answers

<p>Rape or sexual slavery.</p> Signup and view all the answers

<p>The ICC has jurisdiction over war crimes committed as part of a plan or large-scale violations during armed conflicts.</p> Signup and view all the answers

<p>Genocide is defined as acts committed with intent to destroy, in whole or in part, a national, ethnical, racial, or religious group.</p> Signup and view all the answers

<p>Killing members of the group and causing serious bodily or mental harm to members of the group.</p> Signup and view all the answers

<p>The intention, or mens rea, is crucial as it distinguishes genocide from other crimes; without genocidal intent, the act is not classified as genocide.</p> Signup and view all the answers

<p>Genocide targets individuals as members of a specific group, rather than for their individual identities or actions.</p> Signup and view all the answers

<p>It indicates that genocide can be aimed at the destruction of a group entirely or only a portion of it, without a specific numerical threshold.</p> Signup and view all the answers

<p>Protected groups include national, racial, ethnic, and religious groups.</p> Signup and view all the answers

<p>Genocidal intent can be established by circumstantial evidence that, when viewed collectively, suggests the intent to destroy the group.</p> Signup and view all the answers

<p>Actus reus refers to the physical act of committing genocide, which can include both acts of commission and acts of omission.</p> Signup and view all the answers

<p>The suppression of acts of aggression.</p> Signup and view all the answers

<p>Participants could not agree on a common definition or the conditions for exercising jurisdiction.</p> Signup and view all the answers

<p>In December 2017.</p> Signup and view all the answers

<p>A potential act of aggression.</p> Signup and view all the answers

<p>Checking if the crime falls under ICC jurisdiction according to Article 5.</p> Signup and view all the answers

<p>41 States Parties.</p> Signup and view all the answers

<p>Whether the interests of justice are served.</p> Signup and view all the answers

<p>No, there is no current ICC case focusing on this crime.</p> Signup and view all the answers

<p>It is the planning, preparation, initiation, or execution of an act of aggression by a person in a position of control over state actions, constituting a manifest violation of the UN Charter.</p> Signup and view all the answers

<p>Invasion of another state's territory and bombardment of another state's territory by armed forces.</p> Signup and view all the answers

<p>Awareness of factual circumstances implies that the perpetrator recognized the existence of armed conflict when committing acts.</p> Signup and view all the answers

<p>The nexus establishes that the acts were directly related to the ongoing armed conflict, which is essential for qualification as war crimes.</p> Signup and view all the answers

<p>A manifest violation refers to a clear and serious breach of the principles outlined in the UN Charter concerning state actions.</p> Signup and view all the answers

<p>It refers to groups that are sent by or on behalf of a state to carry out acts of armed force against another state.</p> Signup and view all the answers

<p>Military occupation results from an invasion or attack, signifying the use of armed force against the territorial integrity of another state.</p> Signup and view all the answers

<p>It constitutes an act of aggression where the extended presence of armed forces violates the terms of the original agreement.</p> Signup and view all the answers