International Criminal Law Quiz

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Questions and Answers

What is the main purpose of retribution in the context of armed conflicts?

Preventing future crimes by holding perpetrators accountable

Offering an opportunity for open communication with victims

Providing societal education on conflict laws

Promoting a sense of justice for the victims (correct)

Which option best describes the 'deterrence' goal of punishment?

To prevent the perpetrator from engaging in prohibited conduct (correct)

To affirm the norms violated by the offender

To teach future generations about conflict laws

To ensure the offender is permanently detained

What does the goal of incapacitation focus on?

Keeping the perpetrator in detention to prevent future crimes (correct)

Reforming the offender's behavior

Providing a platform for victims to express their grievances

Reaffirming societal norms and educated behavior

Which aspect is emphasized in the rehabilitation goal?

Reforming the behavior of the offender Signup and view all the answers

What is the primary objective of recording history in post-conflict scenarios?

To create a permanent record of crimes for truth-telling Signup and view all the answers

Which of the following captures the essence of societal reconciliation?

Ensuring that no peace can be achieved without resolution Signup and view all the answers

What role does denunciation play in the context of armed conflict laws?

Educating wider society on the effects of conflict Signup and view all the answers

What is a key benefit of focusing on the rights of victims in conflict resolution?

Creating a sense of justice and closure for victims Signup and view all the answers

What is required for the adoption of the Elements of Crimes?

Two-thirds majority of the Assembly of States Parties Signup and view all the answers

Which is the first step in the procedure at the International Criminal Court (ICC)?

Preliminary examination Signup and view all the answers

Under which condition does the Court have jurisdiction over a crime?

If the crime occurred after the entry into force of the Statute Signup and view all the answers

What does Article 11, 'Ratione Temporis', pertain to?

Temporal jurisdiction Signup and view all the answers

What type of jurisdiction is defined in Article 12?

Personal and territorial jurisdiction Signup and view all the answers

What must a state do to accept the Court's jurisdiction according to Article 12?

Lodge a declaration with the Registrar Signup and view all the answers

What happens if a state that is not a Party to the Statute is required by Article 12?

The state can declare acceptance of the Court's jurisdiction Signup and view all the answers

Which of the following is NOT a step in the ICC procedure?

Initial appeal process Signup and view all the answers

Which types of crimes are exempt from statutory limitations under international law?

War crimes and crimes against humanity Signup and view all the answers

What does the Rome Statute of the International Criminal Court state regarding statutory limitations?

There are no statutory limitations for specific serious crimes Signup and view all the answers

What is a key factor contributing to the non-applicability of statutory limitations for certain crimes?

The increase in states recognizing the issue in legislation Signup and view all the answers

What does personal immunity protect?

Acts of persons in their personal or official capacity during their term Signup and view all the answers

Which aspect of immunity can continue to protect actions after an official leaves office?

Functional immunity Signup and view all the answers

What is one of the primary purposes of immunity in international law?

To allow state representatives to perform official duties Signup and view all the answers

What results from the non-applicability of statutory limitations as per customary law?

Impunity for serious crimes Signup and view all the answers

Which convention reinforces the idea that certain serious crimes should not have statutory limitations?

Geneva Conventions Signup and view all the answers

What must an order for reparations establish regarding the convicted person?

The convicted person's liability Signup and view all the answers

Which type of reparations can an order specify?

Individual, collective, or both Signup and view all the answers

What criteria must be established for victims eligible for reparations?

The link between the harm suffered and the crimes Signup and view all the answers

In a monist system, how is international law treated after ratification?

It is automatically incorporated into national law Signup and view all the answers

What must States with a dualist system do before applying international law domestically?

Translate it into national legislation Signup and view all the answers

What does Article 79 establish regarding the Trust Fund?

A fund for victims and their families Signup and view all the answers

How can fines collected by the Court be used according to the specified content?

To be transferred to the Trust Fund Signup and view all the answers

What is one of the key modalitites of reparations mentioned?

Restitution Signup and view all the answers

What significant agreement was made between the EU and the ICC in 2005?

Agreement on cooperation and assistance Signup and view all the answers

Which year did the European Parliament pass a resolution supporting the ICC?

2011 Signup and view all the answers

What was established by the EEAS regarding the ICC?

EU Focal Point on the ICC Signup and view all the answers

In which year was the 'Complementarity Toolkit' developed?

2012/2013 Signup and view all the answers

What significant challenge did EU member states identify in 2013 regarding the ICC?

Non-cooperation of third states Signup and view all the answers

What was the focus of the EU Genocide Network established in June 2002?

Facilitating inter-state cooperation on serious international crimes Signup and view all the answers

What financial commitment was made for the project 'Global initiative to fight against impunity for international crimes'?

21 million Euros Signup and view all the answers

What document replaced the EU's Common Position on the ICC in 2011?

Council Decision Signup and view all the answers

What should states ensure regarding their domestic legislation?

It aligns with their International Humanitarian Law obligations. Signup and view all the answers

Which crimes are included in international criminal law categories?

War crimes and genocide. Signup and view all the answers

What is a requirement for states in relation to the ICC?

They must assist with proceedings related to ICC jurisdiction crimes. Signup and view all the answers

How are violations of criminal law typically addressed?

By penal sanctions imposed by the state. Signup and view all the answers

What act is defined as genocide under the ICC definition?

Forcibly transferring children of one group to another. Signup and view all the answers

What is one key feature of International Criminal Law?

It imposes responsibilities directly on individuals. Signup and view all the answers

Which of the following does NOT fall under the definition of international crimes?

Human trafficking. Signup and view all the answers

Which governmental action is essential for compliance with IHL?

Amending legislation to assist in the prosecution of ICC crimes. Signup and view all the answers

Study Notes

Week 1 Introduction to IHL and ICL

IHL (International Humanitarian Law) is a set of rules that limit the conduct and effect of armed conflict to reduce suffering.
Jus ad bellum (right to war) is governed by the UN Charter, focusing on the legitimacy of resorting to armed force (e.g., self-defense).
Jus in bello (IHL) refers to the just conduct of war, including proportionality and distinction between civilians and combatants.
The law of war itself is not illegal but certain actions, like wars that violate the UN Charter, are.
IHL primarily focuses on the protection of individuals rather than states.
IHL's history includes key events and treaties such as the Geneva Conventions (1864, 1907, 1949).
ICL (International Criminal Law) is a subset of international law that holds individuals accountable for serious international crimes.
These crimes often involve war crimes, crimes against humanity, and genocide.
International criminal tribunals and courts, including the International Criminal Court (ICC), deal with ICL violations.

The History of ICL

The Nuremberg and Tokyo Tribunals were early instances of international criminal tribunals.
These tribunals, established after WWI, aimed to hold individuals accountable for war crimes, crimes against peace and humanity.
There was a major development of international criminal law at these tribunals.
Subsequent tribunals followed, including tribunals for Rwanda and the former Yugoslavia.
The International Criminal Court (ICC) is the only permanent international criminal court established under a treaty.

What is ICL?

ICL is a subset of international law
It places criminal responsibility on individuals.
It punishes actions defined as crimes under international law.
It punishes those responsible for the most egregious international crimes and is used by various international and domestic organizations to punish those who committed them.
Cases are brought by several kinds of courts, including hybrid and international ones.

What is IHL?

IHL is part of international law
It governs the conduct during armed conflict
It limits the effects of armed conflict
It protects those who are not participating in hostilities.
It regulates means and methods of war.

Differences between IHL and ICL

IHL regulates the conduct of war, while ICL punishes individuals for violations of IHL.
IHL focuses on the conduct of armed conflict, while ICL focuses on the responsibility of individuals for international violations
IHL is applied to specific situations of armed conflict, while ICL applies to certain conduct.
IHL is related to the rules of war whereas ICL is related to the rules of international criminal justice.

Criticisms of IHL and ICL

IHL has been criticized for being inconsistent and complex in practice
ICL has faced criticisms concerning victors' justice, violations of state sovereignty, and the use of the death penalty in proceedings without fair trial rights.

Week 2 Key Principles of IHL

IHL aims to limit suffering in armed conflict.
IHL protects those who are not or no longer taking part in the hostilities.
IHL regulates the methods and means of warfare.
IHL emphasizes the importance of distinguishing between combatants and civilians.
IHL sets restrictions on weapons and tactics to reduce harm to civilians.

Week 3 Treaty and Customary Law Sources of IHL

The Geneva Conventions (1949) and Additional Protocols (1977) are core IHL treaties.
Customary IHL consists of rules arising from state practice accepted as law.
IHL and ICL obligations bind all states that have accepted or ratified treaties.

Week 5 International Criminal Justice

International tribunals (like the Nuremberg and Tokyo Tribunals, the International Criminal Tribunal for the former Yugoslavia, and for Rwanda) address serious international crimes committed during armed conflict

Week 6 The Role of the International Criminal Court (ICC)

The ICC is a permanent international criminal court.
The ICC's jurisdiction covers genocide, crimes against humanity, war crimes, and the crime of aggression.
The ICC is only active when national authorities are unwilling or unable to investigate or prosecute crimes within its jurisdiction.
ICC aims to prevent impunity for perpetrators of the worst crimes

Week 7 The Structure of the International Criminal Court (ICC)

The ICC follows a structured process following various articles of its statute.
It deals with specific crimes, but has its limits determined by national law and international law.
Different aspects of the Court's jurisdiction are discussed in relation to the ICL and the statute
The role of the court is discussed, along with its relation to national courts and the states.

Week 8 Head of State Immunity

A Head of State has certain immunities from prosecution.

Week 9 Defences in International Criminal Cases

Overview of main defences in ICL cases
Focus on issues of culpability
Include a discussion on mitigating factors.
Include discussions on victim rights and needs

Week 10 The Crime of Aggression (ICC)

Crimes of aggression are the use of force by states violating the principles regarding the use of force in the UN Charter.
It is important to define what constitutes an 'act of aggression' within the court's jurisdiction.
Detailed discussion on relevant statute

Week 11 International Criminal Justice in the European Context

Overview of how European nations have incorporated international criminal law into national legal systems
Discussion regarding the interaction of international law with national law.

Discussion on broader issues which affect IHL and ICL
Issues such as victims' rights, cooperation between states and international organizations

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Description

Test your knowledge on the principles of International Criminal Law, including the goals of punishment such as retribution, deterrence, and rehabilitation. This quiz covers essential topics like the jurisdiction of the International Criminal Court (ICC), victims' rights, and post-conflict reconciliation efforts. Challenge yourself to understand the legal frameworks that govern armed conflicts and their aftermath.