ICC and ICJ

Question 1

when and which statute was the ICC created with?

Answer 1

1998- Rome Statute

Question 2

some important non-memebrs of the icc (4)

Answer 2

China, Russia, US, India,

Question 3

what formed the foundations of icc?

Answer 3

nuremberg tribunal- was established by allied powers to judge Nazi officials

Question 4

UN international criminal tribunal for the formal yugoslavia

Answer 4

ad hoc international criminal tribunal- mladic and praljak imprisonment

Question 5

international criminal tribunal for rwanda

Answer 5

ad hoc international scriminal tribunal- crimes committed in 1994

Question 6

ICC jurisdiciton

Answer 6

judges the most serious crimes of concern to the international community- has jurisdiction over individuals- not states

Question 7

ways to bring a case to the ICC (3)

Answer 7

1. by a member state
2. by the UNSC
   3 by the ICC prosecutor

Question 8

complementarity principle

Answer 8

it only has jurisdiction when the member state itself isn;t willing or able to organize a trial

Question 9

ICC- US relationship

Answer 9

american service members protection act- icc can’t influence US armed forces

2018 policy to protect US citizens from ICC investigations and prosecutions- revoking ICC judges visa

Question 10

icc- myanmar

Answer 10

act of crime took place in Myanmar (not ICC jurisdiction) and element of offense (forced deportation) took place in Bangladesh (ICC jurisdiction)

Question 11

what are the issues icc deals with? (4)

Answer 11

1. crimes against peace
2. crimes against humanity
3. crimes of aggression
4. war crimes

Question 12

CASES: responding to mass killings by governments

Answer 12

all of them are failures in terms of improving the fortunes of those targeted by their governments

Question 13

CASE: Sudan- Darfur Problem

Answer 13

sudanese government encouraged attacks on the people in the Darfur region tp destroy ethnic groups- eliminate a source of political opposition

Question 14

CASE: Rwanda

Answer 14

the government sought to massacre the Tutsi people to avoid implementing a power sharing compromise negotiated by the UN.

Question 15

CASE: Syria

Answer 15

a people’s revolution against the dictatorship of Assad was met with widespread violence by the government against the civilan population

Question 16

what’s ICJ’s origin?

Answer 16

permanent court of international justice

Question 17

the statute of the ICJ is integrated into the charter

Answer 17

UN membership = ICJ membership

Question 18

how are the judges chosen in ICJ?

Answer 18

elected by UNSC and UNGA- countries can appoint ad hoc judges if they don’t feel represented

Question 19

what is ICJ’s jurisdiction?

Answer 19

legal disputes between states that have recognized the jurisdiction of it

requests for advisory opinions on legal questions refered to the court by the UN or its specialized agencies

(judgements are legally binding, advisory opinions are not)

Question 20

decisions- icj

Answer 20

all decisions are public

Question 21

appeal- icj

Answer 21

there’s no opportunity to appeal- but it’s possible to request a more detailed argumentation

Question 22

sources of law- icj (4)

Answer 22

1. international conventions (written treaties)
2. customary law (what has been established between the states)
3. national legal systems (guidelines)
4. judicial scholarship

Question 23

relationship of icj with other UN organs

Answer 23

gives non binding advise to UNSC and UNGA

Question 24

CASE: certain expenses - Congo

Answer 24

demand for legal advise by UNGA on a dispute relating to the Uniting for Peace Resolution

• USSR and France refused to pay contributions to the regular UN budget- based on the argument that the UNGA was not allowed to finance the Congo mission

ICJ decision: UNGA financing the Congo mission is legal

• political consequence: seperate budget for peace operations

Question 25

CASE: Iran vs US

Answer 25

alleged violations of a safety treaty about nuclear sanctions by the US
- order of provisional measures- ruled unanimously that the US should remove any impediments relaetd to humanitarian needs, including food and medicine

Question 26

CASE: Gambia vs Myanmar

Answer 26

Gambia said myanmar is violating the convention on the prevention and punishment of genocide

Question 27

CASE: Yerodia (Belgium vs. Congo)

Answer 27

during the rwandan genocide, belgium withdrew its forces because they weren’t allowed to intervene

as a result- the government got backlash - and a renewed effort to use Belgian courts to pursue war criminals regardless of their connection to belgium.

rest on complaint by Congo after Belgium tried to arrest the former Congolese foreign minister for genocide- Congo saw this as a violation of their rights as a sovereign state

!! belgium couldn’t unilaterally change the rules of international law simply by passing domestic laws that contradict them

Question 28

CASE: Whaling Case (Australia vs. Japan)

Answer 28

Japan didn’t respect the agreed quotas foe whale hunting- it designated it’s hunting as “scientific” not commercial.

it was icj’s task to decide whether what Japan was doing was scientific or not
- they concluded that japan was guilty