Podcast
Questions and Answers
Which of the following is classified as a war crime under the Statute?
Which of the following is classified as a war crime under the Statute?
What is the primary characteristic of international criminal law?
What is the primary characteristic of international criminal law?
Which principle allows a State to exercise jurisdiction over acts committed by its own nationals abroad?
Which principle allows a State to exercise jurisdiction over acts committed by its own nationals abroad?
Which weapon is prohibited under international treaties as outlined in the Statute?
Which weapon is prohibited under international treaties as outlined in the Statute?
Signup and view all the answers
What does the protective principle of jurisdiction refer to?
What does the protective principle of jurisdiction refer to?
Signup and view all the answers
What is the purpose of statutory limitations in legal proceedings?
What is the purpose of statutory limitations in legal proceedings?
Signup and view all the answers
Which of the following represents an example of universal jurisdiction?
Which of the following represents an example of universal jurisdiction?
Signup and view all the answers
What does the term 'time-barring' refer to in legal contexts?
What does the term 'time-barring' refer to in legal contexts?
Signup and view all the answers
What does the term 'self-executing' refer to in the context of treaties in Dutch law?
What does the term 'self-executing' refer to in the context of treaties in Dutch law?
Signup and view all the answers
In which country does international law have precedence over ordinary statutes according to its constitution?
In which country does international law have precedence over ordinary statutes according to its constitution?
Signup and view all the answers
What must happen in Sweden for an international treaty to become part of domestic law?
What must happen in Sweden for an international treaty to become part of domestic law?
Signup and view all the answers
What is a significant issue related to international cooperation mentioned in the context of international criminal justice?
What is a significant issue related to international cooperation mentioned in the context of international criminal justice?
Signup and view all the answers
What is one of the key alternatives to traditional international and national criminal justice mechanisms?
What is one of the key alternatives to traditional international and national criminal justice mechanisms?
Signup and view all the answers
What represents a major challenge for international criminal justice as described in the content?
What represents a major challenge for international criminal justice as described in the content?
Signup and view all the answers
In a monist system, how does international law typically function in relation to domestic law?
In a monist system, how does international law typically function in relation to domestic law?
Signup and view all the answers
What is often a characteristic of states that follow a dualist system of law?
What is often a characteristic of states that follow a dualist system of law?
Signup and view all the answers
Which of the following crimes does not permit statutory limitations for prosecution as outlined in international law?
Which of the following crimes does not permit statutory limitations for prosecution as outlined in international law?
Signup and view all the answers
What does Article 29 of the Rome Statute of the International Criminal Court address?
What does Article 29 of the Rome Statute of the International Criminal Court address?
Signup and view all the answers
What characterizes personal immunity in international law?
What characterizes personal immunity in international law?
Signup and view all the answers
Which factor has contributed to the recognition of the non-applicability of statutory limitations for war crimes and crimes against humanity?
Which factor has contributed to the recognition of the non-applicability of statutory limitations for war crimes and crimes against humanity?
Signup and view all the answers
What is the main purpose of immunity for state representatives?
What is the main purpose of immunity for state representatives?
Signup and view all the answers
Which type of immunity continues to protect acts even after the official's term in office ends?
Which type of immunity continues to protect acts even after the official's term in office ends?
Signup and view all the answers
Which of the following is NOT considered a form of criminal responsibility in international law?
Which of the following is NOT considered a form of criminal responsibility in international law?
Signup and view all the answers
Which of the following statements about functional immunity is true?
Which of the following statements about functional immunity is true?
Signup and view all the answers
What constitutes an act of aggression by one state against another?
What constitutes an act of aggression by one state against another?
Signup and view all the answers
What was the primary purpose of the UN as stated in Article 1?
What was the primary purpose of the UN as stated in Article 1?
Signup and view all the answers
Which of the following actions is NOT considered an act of aggression?
Which of the following actions is NOT considered an act of aggression?
Signup and view all the answers
When was the jurisdiction of the ICC activated for the suppression of acts of aggression?
When was the jurisdiction of the ICC activated for the suppression of acts of aggression?
Signup and view all the answers
Which of the following is true regarding the ICC's jurisdiction over crimes?
Which of the following is true regarding the ICC's jurisdiction over crimes?
Signup and view all the answers
What is required from the Prosecutor under Article 54(1)(a) of the Statute?
What is required from the Prosecutor under Article 54(1)(a) of the Statute?
Signup and view all the answers
How many States Parties have ratified the Kampala amendment of 2010?
How many States Parties have ratified the Kampala amendment of 2010?
Signup and view all the answers
Which type of military action is defined as a possible act of aggression?
Which type of military action is defined as a possible act of aggression?
Signup and view all the answers
What type of actions fall under aiding and abetting in the commission of a crime?
What type of actions fall under aiding and abetting in the commission of a crime?
Signup and view all the answers
What is a necessary condition for establishing criminal responsibility according to Article 28 of the Rome Statute?
What is a necessary condition for establishing criminal responsibility according to Article 28 of the Rome Statute?
Signup and view all the answers
Which of the following accurately describes the term 'direct and public incitement'?
Which of the following accurately describes the term 'direct and public incitement'?
Signup and view all the answers
Under the definition, what constitutes an attempt to commit a crime?
Under the definition, what constitutes an attempt to commit a crime?
Signup and view all the answers
What does the term 'common purpose' imply in the context of group criminal activity?
What does the term 'common purpose' imply in the context of group criminal activity?
Signup and view all the answers
Which scenario exemplifies a military commander's criminal responsibility under the Rome Statute?
Which scenario exemplifies a military commander's criminal responsibility under the Rome Statute?
Signup and view all the answers
What is one of the criteria that can lead to a superior’s criminal liability for subordinates' actions?
What is one of the criteria that can lead to a superior’s criminal liability for subordinates' actions?
Signup and view all the answers
Which action represents a failure to exercise proper control under Article 28?
Which action represents a failure to exercise proper control under Article 28?
Signup and view all the answers
What principle states that individuals are responsible for international crimes regardless of their official position?
What principle states that individuals are responsible for international crimes regardless of their official position?
Signup and view all the answers
Which international tribunal was established to prosecute leaders after World War II for their roles in the conflict?
Which international tribunal was established to prosecute leaders after World War II for their roles in the conflict?
Signup and view all the answers
Which of the following is NOT one of the Nuremberg principles?
Which of the following is NOT one of the Nuremberg principles?
Signup and view all the answers
How many Nazi leaders were prosecuted at the Nuremberg trials?
How many Nazi leaders were prosecuted at the Nuremberg trials?
Signup and view all the answers
What was a significant criticism of the Nuremberg and Tokyo tribunals?
What was a significant criticism of the Nuremberg and Tokyo tribunals?
Signup and view all the answers
Which landmark rule allows the courts of an EU Member State to hear disputes based on the defendant's domicile?
Which landmark rule allows the courts of an EU Member State to hear disputes based on the defendant's domicile?
Signup and view all the answers
Which of the following international crimes is specifically criminalized by the Nuremberg principles?
Which of the following international crimes is specifically criminalized by the Nuremberg principles?
Signup and view all the answers
In how many years did the Tokyo IMT trial last?
In how many years did the Tokyo IMT trial last?
Signup and view all the answers
Study Notes
Week 1: Introduction to IHL and ICL
- International Humanitarian Law (IHL) limits the conduct and effect of armed conflict to reduce suffering. It includes rules about the treatment of civilians and combatants
- Jus ad bellum (law of war) regulates the resort to armed force, often relating to self-defense
- Jus in bello (IHL) regulates how wars are fought. It includes proportionality and distinction between civilians and combatants.
- The law of war itself isn't illegal, but there are specific rules about starting wars (e.g., UN Charter articles 51 and 42).
- IHL focuses on individuals, not nations, regarding war conduct.
IHL History
- Henry Dunant (Solferino) led to the formation of the International Committee of the Red Cross (ICRC) and the Geneva Conventions (1864)
- Law of the Hague (1899 and 1907) established rules on warfare.
- Early 20th-Century conflicts and industrialization led to advancements in IHL. Chemical warfare was explicitly targeted in treaties.
- WWII and Geneva Conventions of 1949 + Additional Protocols (1977) represented a major IHL advancement.
IHL Enforced
- IHL rules are taught to armed forces and general public
- States and international courts are responsible for enforcing IHL and punishing violations.
- War crimes are documented and investigated
- Individuals can be prosecuted for war crimes
- Tribunals (e.g., Nuremberg, Tokyo) were created and used for specific conflicts
ICL (International Criminal Law)
- ICL is a subset of international law
- It focuses on individual criminal responsibility for serious international crimes.
- These include war crimes, crimes against humanity, and genocide.
- International courts and tribunals, such as the International Criminal Court (ICC), are responsible for ICL administration and enforcement.
IHL vs. ICL vs. Human Rights
- Traditional IHL focuses on rules of conduct during armed conflict
- ICL focuses on individual criminal responsibility in violation of international law.
- Human rights law applies during times of peace and conflict and seeks to protect individual rights.
Week 2: Key Principles of IHL
- The Geneva Conventions and Additional Protocols are the core treaties of IHL.
- Customary international law expands upon IHL treaty-based rules.
- IHL applies during armed conflicts
- Key principles include distinction, proportionality, and precaution. They aim to protect civilians and those who are no longer part of hostilities during conflict.
- These principles aim to reduce suffering in wars.
Week 3: Treaty-based and Customary Sources of IHL
- IHL derives from treaties like the four Geneva Conventions of 1949 and their Additional Protocols.
- Customary international law is formed by general practices considered as law.
- Both treaty-based and customary sources have relevance in IHL.
Week 5: International Criminal Justice: The Institutions
- Nuremberg and Tokyo Tribunals were the first international criminal courts.
- The ICC is the first permanent international criminal court with jurisdiction over war crimes, crimes against humanity, genocide and aggression.
- The International Criminal Tribunals for Rwanda (ICTR) and the former Yugoslavia (ICTY) are temporary courts for cases, established under UN Security Council mandates.
- Special or mixed tribunals handle cases of particular crimes or conflicts.
- Mixed tribunals or special chambers may be components of existing court systems.
Week 7: The International Criminal Court II
- A series of procedural steps, leading to indictment, trial, and verdict, are considered.
- Procedural details of the ICC, like stages of the prosecution and evidence, are described.
Week 8: The International Criminal Court III
- The criminal responsibility of individuals is governed by the Rome Statute.
- Articles concerning specific crimes (e.g., war crimes, crimes against humanity) are relevant.
- The concept of command responsibility (when superior officers are held accountable).
- Defense in international criminal court, including specific defenses that may exist
Week 11: International Criminal Justice in Europe
- European Union jurisdictions, especially in relation to the ICC, may be mentioned, along with the role of the ICC.
- Monist and dualist legal systems are noted for their differing impact on the applicability of international law.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
This quiz covers the fundamental concepts of International Humanitarian Law (IHL) and International Criminal Law (ICL). It will explore key principles, including jus ad bellum and jus in bello, along with significant historical developments such as the Geneva Conventions and the Hague Regulations. Test your knowledge on how these laws aim to protect individuals during armed conflicts.
