Internationaal Recht (Seminars)
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12 questions
| 🇬🇧 | 🇬🇧 |
| Did Kosovo's declaration of independence violate IL? | No it did not. The ICJ stated this in a ground-breaking ruling that could have fair reaching implications for separatist movements around the world. |
| Which steps do you have to follow for state responsibility? | The steps: 1. Is the act attributable to the state? 2. Is it a breach of an international obligation? - Primary or secondary rules? 3. Are there circumstances precluding wrongfulness 4. Remedy (to put the injustice right, ending situation, fixing wrongdoings?) 5. Enforcement (done by states) |
| Where can we find the origin of International Criminal Law (ICL)? | In the Nuremberg and Tokyo Trials. |
| What is the founding treaty of the ICC? | The Rome Statute (adopter in 1998, entered into force in 2002). |
| Who or what does the ICC prosecute? | Individuals, not states. |
| Which elements do we need to distinct if we look at the crimes that are trialed at the ICC? | The elements: 1. The physical element: the conduct itself, such as the physical act of killing another human 2. The mental element: The psychological state of mind of the offender required for the conduct to be subject to punishment (the guilty mind) |
| Which crimes fall under the jurisdiction of the ICC (article 5 Rome Statute of the ICC)? | 1. The crime of genocide 2. Crimes against humanity 3. War crimes 4. The crime of aggression |
| Define the crime of genocide. | Summarized: 1. Ius cogens 2. Killing/harming members of national, ethnical, racial or religious groups 3. Elements: - Physical element: killing members of a group - Mental element: genocidal intent to destroy a group (based on facts) |
| Define crimes against humanity. | Summarized: 1. In times of conflict/peace time 2. Elements: - Physical element: acts of serious violence committed against a civilian population (systematic, etc.) - Mental element: element required for offence (murder, etc.), awareness of context |
| Define war crimes. | Summarized: 1. Nexus-requirement: connection between war crime and war 2. Armed conflict |
| Define the crime of agression. | Summarized: 1. Planning, preparation, initiation or execution of an act of aggression 2. Which violates the UN Charter 3. State action only? |
| Name the grounds for excluding criminal responsibility. | The grounds: 1. Intoxication 2. Self-defence 3. The defence of others; and 4. The defence of certain property |