International Criminal Tribunals Quiz

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Questions and Answers

Which resolution established the International Criminal Tribunal for Rwanda (ICTR)?

Resolution 1000

Resolution 800

Resolution 955 (correct)

Resolution 827

What was the primary legal basis for the establishment of the ICTR?

Chapter VI of the United Nations Charter

Rome Statute

Chapter VII of the United Nations Charter (correct)

International Humanitarian Law

In which location was the ICTY based?

Nairobi

The Hague (correct)

Arusha

New York

Which tribunal is known for the first conviction for genocide in history?

ICTR Signup and view all the answers

What distinguishes the ICTY and ICTR from historical military tribunals like Nuremberg?

They were established by the UN rather than being 'justice of the victors.' Signup and view all the answers

What is a key characteristic of Internationalised Domestic Tribunals?

They are established based on bilateral agreements with the UN. Signup and view all the answers

Which of the following describes a mechanism of Transitional Justice?

Truth commissions to explore past injustices. Signup and view all the answers

How many individuals were indicted by the ICTR?

93 Signup and view all the answers

What is the principle that prohibits punishing a person twice for the same crime?

Ne bis in idem Principle Signup and view all the answers

What does the territorial principle of jurisdiction entail?

Jurisdiction over crimes committed within a state's territory Signup and view all the answers

Which principle grants jurisdiction based on the nationality of the offender?

Nationality Principle Signup and view all the answers

What is a risk associated with transnational crimes that can lead to unfair advantages for the offender?

Forum Shopping Signup and view all the answers

What principle allows states to exercise jurisdiction over specific offenses regardless of where they occur?

Universality Principle Signup and view all the answers

What sub-principle under the protective principle involves state jurisdiction based on the victim's nationality?

Passive Personality Principle Signup and view all the answers

What is a key consideration in establishing a meaningful link to a country for jurisdiction purposes?

The nature of the crime Signup and view all the answers

Which of the following is NOT considered a principle of jurisdiction?

Environmental Principle Signup and view all the answers

What was the primary aim of the Nuremberg Trials that began on 20 November 1945?

To prosecute major war criminals for crimes against humanity Signup and view all the answers

Which of the following roles did the four Allied countries play in the Nuremberg Trials?

Each country provided a judge and a prosecutor Signup and view all the answers

What kind of sentences were imposed during the Nuremberg Trials?

A mix of death sentences, life imprisonment, and prison terms Signup and view all the answers

What controversial issue was raised regarding the legality of the trials?

Violation of non-retroactivity of laws Signup and view all the answers

What does Radbruch’s formula imply regarding unjust laws?

Unjust laws lose their legal character when extremely unjust Signup and view all the answers

What principle was established concerning individual criminal responsibility during the Nuremberg Trials?

Individual responsibility applies even if local laws were not violated Signup and view all the answers

What key achievement arose from the Nuremberg Trials?

Integration of human rights violations into international law Signup and view all the answers

Which of the following statements best reflects the international response to the prosecution at the Nuremberg Trials?

The trials raised questions of victor's justice Signup and view all the answers

What is the main purpose of the Statute of the International Criminal Court?

To codify international crimes and principles of criminal law Signup and view all the answers

Which of the following sentences best describes the composition of the International Criminal Court judges?

Judges must be from different states party to the Rome Statute. Signup and view all the answers

What is the jurisdictional limitation regarding the types of crimes handled by the International Criminal Court?

The Court is limited to the most serious crimes of international concern. Signup and view all the answers

What is required for the International Criminal Court to have jurisdiction over a crime?

The crime must have been committed after the Statute's entry into force. Signup and view all the answers

What does the term 'non-retroactivity' in the context of the ICC imply?

The ICC cannot prosecute crimes that occurred before the Statute's entry into force. Signup and view all the answers

Which of the following statements accurately reflects the membership of the ICC?

The most powerful states are generally not members of the ICC. Signup and view all the answers

How long is the term for judges of the International Criminal Court?

9 years Signup and view all the answers

Which principle is enshrined in Article 22 of the ICC Statute regarding criminal responsibility?

Nullum crimen, nulla poena sine lege is a guiding principle. Signup and view all the answers

What is the primary action a State Party can take regarding crimes within the jurisdiction of the Court?

Refer a situation to the Prosecutor for investigation. Signup and view all the answers

Which article allows the Prosecutor to initiate investigations on their own initiative?

Article 15 Signup and view all the answers

What must a State Party provide when referring a situation to the Prosecutor?

Supporting documentation and relevant circumstances. Signup and view all the answers

What does the Prosecutor analyze before deciding to initiate an investigation?

The seriousness of the information received. Signup and view all the answers

What may victims do in relation to the request for authorization of an investigation?

Make representations to the Pre-Trial Chamber. Signup and view all the answers

Under what condition will the Pre-Trial Chamber authorize the commencement of an investigation?

If the case appears to fall within the jurisdiction of the Court. Signup and view all the answers

What can the Prosecutor seek in order to analyze the seriousness of information received?

Additional information from various reliable sources. Signup and view all the answers

What action can be taken if the Pre-Trial Chamber does not find a reasonable basis for proceeding with an investigation?

The Prosecutor may close the investigation. Signup and view all the answers

What can prompt the Prosecutor to reassess a case after a refusal by the Pre-Trial Chamber?

New facts or evidence regarding the same situation Signup and view all the answers

Under what circumstances can the ICC exercise jurisdiction on a crime referred by the UN Security Council?

If the referral is made under Chapter VII of the UN Charter Signup and view all the answers

What does the principle of complementarity dictate concerning the jurisdiction of the ICC?

States have primary jurisdiction unless they are unwilling or unable to prosecute Signup and view all the answers

What constitutes a situation where a State may be deemed 'unwilling' to investigate or prosecute?

National proceedings are delayed unjustifiably Signup and view all the answers

Which of the following is indicative of a State being deemed 'unable' to investigate or prosecute?

Total collapse of the national judicial system Signup and view all the answers

What is a primary aim of the principle of complementarity within the framework of the ICC?

To balance State sovereignty with the need for accountability Signup and view all the answers

What may indicate that national proceedings are designed to shield an individual from criminal responsibility?

Conducting proceedings that lack independence and impartiality Signup and view all the answers

What defines a situation where the Prosecutor must inform those who provided information after a preliminary examination?

When there is no reasonable basis for an investigation Signup and view all the answers

Study Notes

International Criminal Law (History and Fundamentals)

International Criminal Law (ICL) is the criminal law of the international community
ICL is a hybrid between public international law and criminal law, concerning the punishment of individuals
ICL establishes legal provisions for individual criminal responsibility under international law
Jurisdiction is determined by the principle of complementarity. International Criminal Tribunals and Courts, as well as National Courts (if defined by national criminal law) have jurisdiction.

International Crimes ("Core" Crimes)

ICL addresses the "core" crimes:
- War crimes
- Crimes against humanity
- Crimes against peace (now crimes of aggression)
- Genocide (considered an "autonomous" crime)

Common Features of International Crimes

These are universal crimes (mala in se, not mala quia prohibita) and aim to protect international legal interests (peace, security, well-being)
International Crimes require contextual elements (e.g., widespread or systematic attack against civilians or within an armed conflict)
Often multi-subjective
Exceptions to ordinary criminal law rules exist (e.g., non-applicability of statute of limitations; irrelevance of official capacity)

Sources of International Criminal Court (ICC)

Treaties and conventions (e.g., Rome Statute)
Customary international law
General principles of law recognized by civilized nations
National and international judicial decisions

Principle of Legality

A person is not criminally responsible under the ICC unless their conduct constitutes a crime within the Court's jurisdiction
Crime definitions are strictly construed and not extended by analogy
Ambiguous definitions are interpreted in favor of the accused

Historical Evolution

The Versailles Treaty (1919) exemplifies attempts to prosecute individuals for war crimes
The Nuremberg and Tokyo Military Tribunals established precedent for international criminal trials, including individual criminal responsibility for international crimes.

Nuremberg Trial

Established the International Military Tribunal (IMT) in 1945
Allied countries appointed judges and a prosecutor
Prosecuted crimes against peace, war crimes, crimes against humanity
Established precedents for individual criminal responsibility, and established that superior orders were not a defense
Led to the creation of a significant body of international criminal law

Nuremberg Trial – Controversial Issues

Violation of non-retroactivity (the idea that law should not apply to actions before it was enacted)
Obedience to superior orders (the concept that following orders from superiors should not be grounds for criminal punishment, if those orders are highly unjust, causing an obvious violation of international law)
Justice of the victors

Nuremberg and Tokyo Trial's Principles

Established individual criminal responsibility for international crimes
No exemptions for or mitigation of accountability for heads of state or public officials
Acting on a superior’s order does not exclude punishment
Right to a fair trial

Tokyo Tribunal

Established by General Douglas MacArthur in 1946
Operated 1946-1948
All 28 defendants were convicted, with 7 receiving death sentences

Secondary Nuremberg Trials

Held between 1946 and 1949 before Allied military tribunals
Involved 177 defendants, with varying penalties

Phases of International Criminal Law

Military Tribunals (post World War I and II)
The age of codification (development of treaties defining international crimes)
Ad hoc Tribunals and the International Criminal Court (after the Cold War)

Age of Codification

Geneva Conventions (1949) and their additional protocols (1977)
Convention on the Prevention and Punishment of the Crime of Genocide (1948)
UN Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes Against Humanity (1968)
UN International Convention on the Suppression and Punishment of the Crime of Apartheid (1973)
Convention against torture (1984)

Ad Hoc Tribunals (ICTY and ICTR)

Established by the UN Security Council
ICTY: International Criminal Tribunal for the former Yugoslavia (1993-2017)
ICTR: International Criminal Tribunal for Rwanda (1994-2015)
Similarities with earlier tribunals, but established by the UN rather than victors
Established precedents in identifying international crimes.

Internationalized Domestic Tribunals (Mixed Tribunals)

Established after the 1990s
Feature mixed composition (local and international personnel)
Established by domestic statutes, working with bilateral agreements with the UN

Transitional Justice

Mechanisms to deal with historical transitional periods
ICL is a part of transitional justice mechanisms
Punitive vs. non-punitive mechanisms (e.g. truth commissions, reparations)

International Criminal Court (ICC)

Statute of the International Criminal Court (the Rome Statute) approved in 1998 and entered into force in 2002
An effort at codification of international crimes and general principles including nullum crimen, nulla poena sine lege; non-retroactivity; sanctions (detention, imprisonment, fines, confiscation)

International Criminal Court(ICC) - Jurisdiction and Court

Based in The Hague
Permanent court with ordinary jurisdiction (crimes after the entry into force of the statute), and universal vocation
Member states limit their sovereignty when they ratify the treaty and join the ICC system
123 member states
The Court has 18 judges, each for a nine-year term.

ICC Jurisdiction (Three Requirements)

Ratione materiae: jurisdiction is limited to the most serious crimes of international concern, including genocide, crimes against humanity, war crimes, and the crime of aggression
Ratione temporis: jurisdiction applies to crimes committed after the statute's entry into force
Ratione loci: crimes committed either in the territory of a state party or by a national

Principles of Jurisdiction

Territorial principle (crimes committed within a state's territory)
Nationality principle (crimes committed by a state's nationals)
Protective principle (protection of the state's interests)
Universality principle (crimes of concern to the international community)

Trigger Mechanisms(Article 13)

Referral of a situation by a state party: a state can refer a situation with possible crimes under ICC jurisdiction to the Prosecutor
Motu proprio: the Prosecutor can initiate an investigation on their own
Referral by the UN Security Council: the UN Security Council can refer a situation to the Prosecutor

Principle of Complementarity

ICC has a complementary jurisdiction. States have primary responsibility to investigate and prosecute
ICC intervenes only if States are unwilling or unable to exercise their jurisdiction
The State is "unwilling" if national proceedings are for shielding from responsibility, have unreasonable delays, or are not independent or impartial
The State is "uncapable" if its judicial system has collapsed or is unable to carry out its own processes

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Description

Test your knowledge of international criminal tribunals, including the ICTR and ICTY. This quiz covers their establishment, functions, and key legal principles. Learn about the significant impact these tribunals have had on international law and justice.