Treaty Law: Preah Vihear Case Overview

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Questions and Answers

What was the outcome of the Eichmann trial in the District Court of Jerusalem?

Eichmann was found guilty on all counts and sentenced to death.

What principle did the Israeli Supreme Court reaffirm regarding superior orders?

The principle that superior orders are not a valid defense for atrocities.

How did the Eichmann case contribute to the concept of universal jurisdiction?

It solidified universal jurisdiction as a legitimate basis for prosecuting atrocities, regardless of location.

What controversial element regarding Eichmann’s arrest remains debated?

The legality of Eichmann's abduction under international law. Signup and view all the answers

What was one of the broader impacts of the Eichmann trial on subsequent international law cases?

It inspired subsequent prosecutions in international criminal tribunals for Rwanda and Yugoslavia. Signup and view all the answers

What aspect of the Eichmann trial is considered inconsistent with modern human rights principles?

The use of the death penalty. Signup and view all the answers

Why is the Eichmann trial significant in contemporary discussions of international law?

It reaffirmed the principle of accountability for crimes against humanity. Signup and view all the answers

What balance did the Eichmann case highlight between state sovereignty and accountability?

It showcased the tension between Argentina's protests and the need to prosecute international crimes. Signup and view all the answers

What was the tribunal's ruling regarding France's actions in the breach of the 1986 agreement?

The tribunal found France guilty of breaching the 1986 agreement and rejected France's justification of force majeure. Signup and view all the answers

Why did the tribunal reject France's claim of force majeure in the case?

The tribunal determined that Mafart's medical condition was not an immediate or unavoidable emergency. Signup and view all the answers

What are the broader implications for international law highlighted by the tribunal's decision?

The decision highlighted state accountability, the importance of honoring treaty obligations, and strict limits on justifications for breaches. Signup and view all the answers

In what way did the Rainbow Warrior Case influence the concept of good faith in international disputes?

The case underscored the importance of acting in good faith when resolving international disputes. Signup and view all the answers

What landmark principles regarding state actions can be drawn from the Rainbow Warrior Case?

The case illustrates that states are responsible for their agents' actions and must adhere to international law. Signup and view all the answers

How did the tribunal’s decision affect the interpretation of treaty obligations?

The decision reinforced that international treaties must be strictly adhered to, even in challenging circumstances. Signup and view all the answers

What does the tribunal's ruling suggest about the use of defenses like force majeure?

The ruling established rigorous standards for invoking defenses like force majeure to prevent misuse for avoiding responsibility. Signup and view all the answers

What was the core dispute in the Island of Palmas case between the Netherlands and the United States?

The dispute centered around the sovereignty and territorial title of the Island of Palmas, claimed by both nations. Signup and view all the answers

What was the ICJ’s decision regarding the U.S. actions against Nicaragua?

The ICJ ruled that the U.S. violated the rule against using force and broke the principle of non-intervention. Signup and view all the answers

What principle did the ICJ reinforce concerning the applicability of customary law in this case?

The ICJ demonstrated that customary law applies even if a state excludes treaty-based jurisdiction. Signup and view all the answers

What challenge did this case highlight regarding the enforcement of international law?

The case highlighted the difficulty of enforcing international law against powerful states that refuse to comply. Signup and view all the answers

Why is the prohibition of force considered a non-negotiable principle according to this case?

The case confirmed the prohibition of force as a universal principle recognized by international law (jus cogens). Signup and view all the answers

In the context of international law, what does the term 'customary law' signify?

Customary law signifies rules that arise from widespread practice and states’ belief that these rules are legally binding. Signup and view all the answers

What was the broader significance of the Nicaragua Case in relation to powerful states and ICJ rulings?

The case showcased the ICJ's capability to uphold international law despite non-compliance from powerful states like the U.S. Signup and view all the answers

What does the Sealand Case (1978) address regarding statehood and recognition?

The Sealand Case questioned whether the self-declared 'Principality of Sealand' could be recognized as a legitimate state under international law. Signup and view all the answers

What was the argument made by the German citizen regarding Sealand nationality?

The German citizen claimed he lost his German citizenship by adopting Sealand nationality. Signup and view all the answers

What was the primary subject of the dispute between Cambodia and Thailand regarding the Temple of Preah Vihear?

The dispute was about the ownership of the land surrounding the Temple of Preah Vihear. Signup and view all the answers

What was the significance of the 1904 treaty in the Temple of Preah Vihear case?

The 1904 treaty outlined the border following the watershed line and was the basis for the ownership claims by both countries. Signup and view all the answers

What role did the Annex I Map play in the dispute?

The Annex I Map indicated that the Temple of Preah Vihear was on Cambodia's side of the border, which Cambodia used to support its claim. Signup and view all the answers

How did Thailand justify its claim that the Annex I Map was incorrect?

Thailand argued that the map did not follow the watershed line specified in the 1904 treaty and pointed to an error in the map. Signup and view all the answers

What was Cambodia's stance regarding Thailand's acceptance of the Annex I Map?

Cambodia contended that Thailand's long-standing acceptance of the map without objection indicated that Thailand had recognized the border. Signup and view all the answers

Why could the International Court of Justice (ICJ) take on this case?

Both countries agreed to allow the ICJ to settle their dispute, granting the court jurisdiction. Signup and view all the answers

What was the ICJ's ruling in the Temple of Preah Vihear case?

The ICJ ruled in favor of Cambodia, confirming its ownership of the temple and ordering Thailand to withdraw its troops. Signup and view all the answers

Why is the decision in the Temple of Preah Vihear case significant?

It underscores the importance of treaties and interpretations when determining territorial sovereignty. Signup and view all the answers

What was the reason for the international arrest warrant issued against Abdulaye Yerodia Ndombasi?

The arrest warrant was issued for grave breaches of the Geneva Conventions and crimes against humanity. Signup and view all the answers

What was the basis of Belgium’s jurisdiction in issuing the arrest warrant?

Belgium relied on its 1993 Law on Grave Breaches of International Humanitarian Law, which allows for universal jurisdiction. Signup and view all the answers

What is the principle of immunity ratione personae, as argued by the DRC?

Immunity ratione personae protects foreign ministers from criminal prosecution in foreign courts. Signup and view all the answers

How did Belgium counter the DRC's argument regarding immunity?

Belgium argued that universal jurisdiction applies to grave breaches of international law and that immunity is procedural, not substantive. Signup and view all the answers

What amendments were made to Belgium's 1993 law in 1999?

The amendments extended universal jurisdiction for serious violations of international humanitarian law. Signup and view all the answers

Which article of the New York Convention on Special Missions relates to the DRC's argument about immunity?

Article 21(2) of the New York Convention on Special Missions pertains to the immunity of sitting foreign ministers. Signup and view all the answers

What were the implications of Belgium's decision to issue an arrest warrant for Yerodia?

Belgium's decision raised significant questions about state sovereignty and the limits of universal jurisdiction. Signup and view all the answers

In your opinion, why might the DRC’s argument be seen as more convincing?

The DRC's argument may be convincing because international law generally upholds the immunity of sittingforeign ministers. Signup and view all the answers

What legal basis did Israel cite for prosecuting Eichmann under universal jurisdiction?

Israel cited Article 6 of the Genocide Convention as a key legal basis for prosecuting Eichmann. Signup and view all the answers

What was one of Eichmann’s main arguments against Israel’s jurisdiction?

Eichmann argued that he was not an Israeli citizen and that his crimes were committed outside of Israel. Signup and view all the answers

How did the Israeli prosecution emphasize the universality of the crimes committed by Eichmann?

The prosecution argued that the gravity of Eichmann's actions transcended territorial boundaries and shocked the conscience of humanity. Signup and view all the answers

What principle did Israel invoke to support its right to prosecute Eichmann?

Israel invoked the Lotus Principle, which asserts that any argument against a state's power to try crimes must reference specific international law that negates that power. Signup and view all the answers

How did Eichmann’s defense challenge the legality of his abduction from Argentina?

Eichmann's defense argued that his abduction violated international law and the sovereignty of Argentina. Signup and view all the answers

What was Israel's response to Eichmann's claim of following orders as a defense?

Israel rejected Eichmann's 'superior orders defense' by citing established international norms from the Nuremberg Trials. Signup and view all the answers

Why is the principle of universal jurisdiction considered compelling when prosecuting crimes like those committed by Eichmann?

It is compelling because such crimes are viewed as offenses against the entire international community, making prosecution a matter of global interest. Signup and view all the answers

What key factors made the Eichmann trial significant in international law?

The trial was significant for establishing the precedent of universal jurisdiction and reinforcing the notion that certain crimes fall under the jurisdiction of all nations. Signup and view all the answers

Study Notes

Treaty Law: Temple of Preah Vihear Case

The case involved a disagreement between Cambodia and Thailand over the ownership of the Temple of Preah Vihear.
The disagreement stemmed from differing interpretations of a 1904 treaty between France (representing Cambodia) and Siam (now Thailand).
The treaty specified that the border should follow the watershed line between rivers.
A map, Annex I Map, drawn after the treaty placed the temple on the Cambodian side.
Thailand later argued that the map was inaccurate and didn't adhere to the treaty's terms.
Cambodia contended that Thailand had illegally occupied the temple since 1954.
The case concerned land ownership, treaty interpretation, and the use of maps as evidence for border delineation.
Thailand invoked Article 48 of the Vienna Convention on the Law of Treaties, arguing a mistake existed in the Annex I Map.
Both countries agreed to have the ICJ settle the dispute.
The ICJ's role was to interpret the 1904 treaty, the Annex I Map, and assess the actions of both parties.
Cambodia argued that Thailand's decades-long acceptance of the map implied agreement to the boundary.
Cambodia also asserted that Thailand's actions showed tacit recognition of the border.

Customary International Law: Nicaragua Case

The case involved the U.S.'s support for the Contras, who were fighting against the Nicaraguan government.
This included financial and military support, as well as military actions (e.g., mining ports and attacking facilities).
Nicaragua claimed that these actions violated international law's prohibition on force and non-intervention.
The case concerned the application of customary international law.
The ICJ held that the US violated international law with its military and paramilitary action against Nicaragua.
The Court was careful to distinguish between the violation of customary law from the exclusion of treaty based jurisdiction.
The case highlighted the existence and importance of customary international law, despite the absence of an explicit treaty.
It underscored the significant role that customary international law plays in international relations.

Statehood: Sealand Case

The case concerned the "Principality of Sealand," a self-declared state established on a WWII sea fort.
A German citizen claimed to have lost his German nationality by becoming a citizen of Sealand.
The case revolved around whether Sealand met the criteria for statehood under international law.
The German Administrative Court used the Montevideo Convention (1933) criteria to assess Sealand's status.
Sealand failed to meet the critical criteria of defined territory, permanent population, and government.
The court concluded that Sealand did not qualify as a state.
The case demonstrated that self-declared micronations without a proper population, territory and a functioning government would not be recognized as countries.

State Responsibility: Rainbow Warrior Case

French agents bombed the Greenpeace ship Rainbow Warrior in New Zealand.
This act led to the death of a Dutch photographer.
New Zealand arrested French agents, who pleaded guilty to manslaughter.
New Zealand and France reached an agreement for the transfer of the agents in a mutually agreed upon terms to a base in French Polynesia.
The case concerned the issue of state responsibility for the actions of its agents.
France's unilateral repatriation of the agents was disputed by New Zealand, as it was deemed a violation of the agreement.
The case highlighted the difficulty of enforcing international law against powerful states and the importance of treaty observance under international law.
The case emphasized both state responsibility for actions of their agents and the need for upholding treaty obligations.

Title to Territory: Island of Palmas Case

The case concerned the ownership of the Island of Palmas (Miangas).
Ownership was disputed between the Netherlands and the United States.
The case centered on claims based on discovery, contiguity, and effective occupation under inter-temporal law.
The dispute was resolved through arbitration.
The arbitrator ruled in favor of the Netherlands.
The case showed the importance of continuous and peaceful occupation in establishing sovereignty.
The case underscored the significance of historical practices and norms in determining sovereignty over territory.

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Description

This quiz explores the Temple of Preah Vihear case, a legal dispute between Cambodia and Thailand concerning land ownership and treaty interpretation stemming from a 1904 agreement. It examines the role of the International Court of Justice (ICJ) in resolving the matter, including the importance of treaties and maps in border delineation. Test your knowledge on the complexities of international treaty law.