International Law Study Notes
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Questions and Answers

Which principle allows a state to claim jurisdiction over actions that negatively affect it, regardless of where they occur?

  • Protective principle (correct)
  • Concurring jurisdiction
  • Universal jurisdiction
  • Passive personality principle

    • What is required for a state to exercise protective jurisdiction?

  • A genuine threat to a vital state interest (correct)
  • General economic impact
  • Consent from affected states
  • International consensus

    • Which of the following is an example of protective jurisdiction?

  • Prohibition of counterfeiting state documents (correct)
  • Jurisdiction over cyber crimes affecting a state
  • Universal jurisdiction for genocide
  • Jurisdiction over crimes of terrorism

    • What type of jurisdiction allows any state to prosecute severe offenses like genocide, regardless of where they occurred?

    <p>Universal jurisdiction</p> Signup and view all the answers

    Concurring jurisdiction often results in which state determining how jurisdiction is exercised?

    <p>The state that has physical custody of the offender</p> Signup and view all the answers

    Which of the following statements about universal jurisdiction is correct?

    <p>It focuses on the most serious international offenses</p> Signup and view all the answers

    What is a distinguishing feature of the protective principle in relation to actions that negatively impact a state?

    <p>It must demonstrate a genuine threat to state interests</p> Signup and view all the answers

    Which type of jurisdiction includes overlapping claims from states for a certain offense?

    <p>Concurring/overlapping jurisdiction</p> Signup and view all the answers

    Under which condition can the local Bosnian Serb groups be seen as an organ of the state?

    <p>If they act completely dependent on the state.</p> Signup and view all the answers

    What does Article 5 of the ILC articles state about the responsibility of the state?

    <p>Conduct by entities exercising governmental authority is attributable to the state.</p> Signup and view all the answers

    According to Article 6 of the ILC articles, in what scenario can a state delegate responsibility for an organ it provides to another state?

    <p>When it is considered a loan of the organ for governmental purpose.</p> Signup and view all the answers

    What principle is established by Article 7 regarding ultra vires conduct?

    <p>States remain responsible for conduct performed by their organs even if contrary to orders.</p> Signup and view all the answers

    What does Article 8 specify about the responsibility of a state for private individuals?

    <p>Responsibility exists only if individuals act on state instructions.</p> Signup and view all the answers

    What is the implication of Article 10 regarding acts of insurrectional movements?

    <p>The state cannot be held responsible for acts of insurrectional movements.</p> Signup and view all the answers

    Which criteria must be met for a state to be responsible for actions of individuals under Article 8?

    <p>Individuals must be acting on the state’s instructions or under its control.</p> Signup and view all the answers

    What does effective control refer to according to the ICJ in Nicaragua mentioned in the content?

    <p>Complete dominance of a state over individuals’ conduct.</p> Signup and view all the answers

    What is one condition that must be met to hold a superior responsible for a subordinate's criminal act?

    <p>The superior knew or had reason to know of the act.</p> Signup and view all the answers

    Under what circumstance can an individual be relieved of criminal responsibility?

    <p>If the person is engaging in self-defense.</p> Signup and view all the answers

    What guarantees are provided under the right to a fair trial?

    <p>The right to be present at trial.</p> Signup and view all the answers

    Which of the following is NOT a recognized defense against criminal responsibility?

    <p>Feeling pressured by public opinion.</p> Signup and view all the answers

    What can limit the applicability of diplomatic immunity in international courts?

    <p>State membership in the ICC.</p> Signup and view all the answers

    Which of the following rights is included under the fair trial guarantees?

    <p>The presumption of innocence.</p> Signup and view all the answers

    Which factor is NOT necessary to establish criminal responsibility in the context of a superior-subordinate relationship?

    <p>The superior must receive regular updates about subordinates' actions.</p> Signup and view all the answers

    Which of the following conditions allows a person to act under duress?

    <p>Imminent threat of substantial harm against themselves or others.</p> Signup and view all the answers

    Which of the following actions violates peremptory norms/jus cogens?

    <p>An organization engaging in human trafficking.</p> Signup and view all the answers

    What are two primary consequences of wrongful conduct according to international law?

    <p>Reparations for the injured party.</p> Signup and view all the answers

    Who can invoke a breach of international responsibility in cases of erga omnes?

    <p>Any state, regardless of direct injury.</p> Signup and view all the answers

    What defines an 'international organization' according to the DARIO?

    <p>An organization established by a treaty or other instrument governed by international law.</p> Signup and view all the answers

    Under what condition is conduct attributable to an international organization?

    <p>When the organization directly controls the conduct.</p> Signup and view all the answers

    Which of these is NOT considered a peremptory norm/jus cogens?

    <p>The crime of vandalism.</p> Signup and view all the answers

    In what scenario does the responsibility of states not apply according to the ILC articles?

    <p>When an organization is involved in the act.</p> Signup and view all the answers

    Which of these actors can be considered an agent of an international organization?

    <p>Individuals performing under the organization's direction.</p> Signup and view all the answers

    What criticism is associated with the armed response to terrorism?

    <p>It may resemble a punitive measure rather than a preventive response.</p> Signup and view all the answers

    What requirements must be met for collective self-defense to be invoked?

    <p>The attacked state must declare itself under attack and request assistance.</p> Signup and view all the answers

    What complicates the invocation of necessity in justifying the use of force?

    <p>The Charter of the United Nations serves as the exclusive source of regulation.</p> Signup and view all the answers

    Under what condition is the use of force to rescue nationals abroad justified?

    <p>When the threat to nationals is deemed an armed attack on the home state.</p> Signup and view all the answers

    What principle must the use of force comply with when rescuing nationals abroad?

    <p>Principle of necessity and proportionality</p> Signup and view all the answers

    What is defined as an International Armed Conflict (IAC) according to Article 2 of the Geneva Conventions?

    <p>Any conflict between two states regardless of their recognition of the conflict.</p> Signup and view all the answers

    What is the requirement for a state to use force in defense of another state that has been attacked?

    <p>The attacked state must confirm that it has been attacked.</p> Signup and view all the answers

    What is a principal aim of Jus in bello within the law of armed conflict?

    <p>To regulate how military operations must be conducted.</p> Signup and view all the answers

    What concept allows a state to exercise jurisdiction over nationals abroad?

    <p>Jurisdiction on the basis of nationality</p> Signup and view all the answers

    Which principle allows a state to take measures against foreign activities deemed harmful to its national security?

    <p>Protective jurisdiction</p> Signup and view all the answers

    In which scenario can circumstances precluding wrongfulness be invoked?

    <p>When a state acts in self-defense</p> Signup and view all the answers

    What type of jurisdiction does a state have over foreign vessels in its territorial waters?

    <p>Territorial jurisdiction</p> Signup and view all the answers

    Which of the following is NOT a source of international law according to the ICJ Statute Article 38?

    <p>Domestic laws</p> Signup and view all the answers

    Which maritime zone extends a state's jurisdiction for resource exploitation up to 200 nautical miles from its coast?

    <p>Exclusive economic zone (EEZ)</p> Signup and view all the answers

    What is the primary function of dispute settlement mechanisms in international law?

    <p>To resolve conflicts peacefully</p> Signup and view all the answers

    Which of the following describes a situation where combatants and non-combatants are distinguished in conflict?

    <p>International armed conflict</p> Signup and view all the answers

    What does the principle of attribution address in international law?

    <p>Attribution of acts to states and their organs</p> Signup and view all the answers

    Which legal concept refers to the international obligation of states to refrain from using force against one another?

    <p>Prohibition of force</p> Signup and view all the answers

    What is required for a state to assert universal jurisdiction over an international crime?

    <p>The crime must be egregious in nature</p> Signup and view all the answers

    Which of the following is classified as a non-adjudicatory means of settling international disputes?

    <p>Negotiation</p> Signup and view all the answers

    Which document outlines the legal responsibilities and functions of the security council in maintaining international peace?

    <p>UN Charter</p> Signup and view all the answers

    Study Notes

    International Law - Study Notes

    • Sources in International Law:

      • ICJ Statute Article 38
      • Legal Personality (states the highest level)
      • Jurisdiction (to prescribe, territorial, cross-border, nationality, passive personality, protective, universal, etc)
      • Jurisdiction over aircraft and ships
      • State responsibility, State immunity, Diplomatic immunities and protection, Attribution of conduct
      • Circumstances precluding wrongfulness (consent, self-defense, lawful countermeasures, distress, necessity).
      • Who can invoke a breach of responsibility (international organization)
      • The international law of the sea (sources, spatial partitioning, concept of baselines, internal waters, territorial sea, contagious zone, exclusive economic zone (EEZ), continental shelf, Area, high seas, delimitation, piracy, conservation of marine life, dispute settlement, peaceful settlement)

    • The International Regulation of Use of Force:

      • UN Charter and the prohibition on the use of force.
      • The security council and the maintenance of international peace and security
      • The unilateral (unilateral) use of force by states
      • A plea of necessity
      • Contentious use of force
      • Law of armed conflict & International humanitarian law
      • The application of International humanitarian law (IAC,NIAC,Transnational situations, Changes to conflict status)
      • Battlefield status in international armed conflict (lawfulness of combatants)
      • The basic principles of the conduct of hostilities (distinction, prohibition against causing unnecessary suffering)
      • Non-international armed conflict (NIAC)
      • Transnational armed conflict (and hostilites between a state and a private actor in another state)
      • The relationship between international humanitarian law and human rights law
      • The use of force to rescue nationals abroad

    • International Criminal Law:

      • Sources of international criminal law (Primary law: 1945 London agreement, 1998 statute of the ICC, customary international law.
      • Prosecution of international crimes before international courts (The ICC, Jurisdiction)
      • Crimes in international law (Genocide, Crimes against humanity, serious war crimes - Art. 7-8 of the ICC)
      • Responsibility for failure to act (superior subordinate relationship).

    • Process Guarantees (of fair trial

      • Process guarantees (right to a fair trial)
      • Immunities (no diplomatic immunity in international courts)

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    Description

    Explore the fundamental concepts and sources of International Law, including jurisdiction, state responsibilities, and the regulation of force. Understand the framework established by the ICJ and the UN Charter, along with the intricacies of maritime law. This quiz serves as an essential guide for students studying international legal frameworks.

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