CH. 11 Criminal Responsibility

Question 1

physical act prohibited by law; objective and observable (1/2 of elements that an ICL principle consists of)

Answer 1

material element

Question 2

individual knowledge of relevant facts and intent to commit crime; subjective and less observable (1/2 of elements that an ICL principle consists of)

Answer 2

mental element

Question 3

first part of non-retroactivity principle; says law can’t be applied retroactively

Answer 3

nullum crimen sine lege (“no crime without law”)

Question 4

second part of non-retroactivity principle; says punishments can’t be applied retroactively

Answer 4

nulla poena sine lege (“no punishment without law”

Question 5

principle that individuals have duties under international criminal law

Answer 5

individual criminal responsibility

Question 6

permanent court that prosecutes individuals using blend of domestic and international law, personnel, and/or procedures

Answer 6

International Criminal Court (ICC)

Question 7

use of significant level of force that isn’t legally justified as self-defense or by prior UN Security Council authorization; severe violation of international law on use of force

Answer 7

aggression

Question 8

an act “committed as part of a widespread or systemic attack directed against any civil population,” include ethnic cleansing, extermination, prosecution, apartheid, slavery, torture, etc

Answer 8

crimes against humanity

Question 9

serious violations of law of armed conflict that create individual criminal responsibility; must satisfy 2 reqs: must occur during conflict and tensions and must have link to armed conflict

Answer 9

war crimes

Answer 10

perpetrator responsibility

Answer 11

co-perpetrator responsibility

Answer 12

accessory liability

Answer 13

command responsibility

Answer 14

superior responsibility

Answer 15

official immunity

Answer 16

amnesty

Answer 17

complementarity

Answer 18

Article 98 agreements

Question 19

4 common bases:

Answer 19

universal jurisdiction