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International Criminal Law & Procedure > ICL > Flashcards

ICL Flashcards

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1
Q

5 Ad-Hoc International Courts

A
  1. ICTY (International Criminal Tribunal for the former Yugoslavia)
  2. ICTR (International Criminal Tribunal for Rwanda
  3. Special court for Sierra Leone
  4. Extraordinary chambers for the courts of Cambodia
  5. Special Tribunal for Lebanon
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2
Q

ICC

A

First and only permanent international criminal court. Independent of UN.

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3
Q

ICC Jurisdiction

A

After July 1, 2002. War Crimes, Genocide, Crimes against Humanity (only if home country won’t prosecute)

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4
Q

How many general assembly countries?

A

193

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5
Q

How many interpol countries?

A

190

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6
Q

Extradition Treaty w/ US countries?

A

122

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7
Q

Members of the ICC?

A

121 (US is not)

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8
Q

ICJ

A

Established in 1945. More like international ADR. Settle disputes between states. Issue advisory opinions.

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9
Q

How many Federal Prosecutors (and what categories?)

A

9500 (DOJ Trial attys, Assistant US atty, US atty) Atty General is boss

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10
Q

How many federal districts?

A

94

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11
Q

Federal Felony Conviction results in…

A

Loss of right to vote, right to bear arms, right to serve on a jury and run for president

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12
Q

Is there early release or parole in Federal?

A

No

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13
Q

Trying cases where you aren’t certified in that state

A

Prohoc vice motion: appear ask to represent x for x case.

Some districts require local counsel

(east virginia will not waive)

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14
Q

Process for determining x-jur

A

Look to statute->look to in. law

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15
Q

Five Principles of Extrateritoriality

A
  1. nationality (accused cit)
  2. passive personality (victim cit)
  3. territoriality (Occuring)
    a. special maritime
    b. objective
  4. universality
  5. protective
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16
Q

Who does sentencing in Federal court?

A

Judge

17
Q

Do federal drug conspiracies require an overt act?

A

No. Overt act can be a substantive offence itself

18
Q

Objective Territorial Principle (Also known as Effects Principle)

A

Is there an effect intended or realized in the US

19
Q

Nationality Principle

A

Is the accused a national of the US

20
Q

Passive Personality Principle

A

Is the victim a national of the US

21
Q

Protective Principle

A

Does the specific act harm national security or it’s actions

22
Q

Universality Principle

A

heinous crime committed (ICC)

23
Q

Does the US like Universal Jd?

A

No. It’s not codified and the political figures don’t want to fight a charge outside the US

24
Q

Nulle Crimen sin lege

A

Cannot charge without a statute

25
Q

Who does MEJA apply to?

A

Civilian employees of DOD

26
Q

What do status of force agreements do?

A

allow for the processes of determining who can prosecute a member of the armed forces

27
Q

Does the 4th amendment aply to aliens abroad later tried in US?

A

No

28
Q

What rights do you get in deportation hearings?

A

Legal rights of constitution if arrested on legal american territory

29
Q

General Rule on 4th amendment abroad (if US is involved)

A

US citizens get it

30
Q

Do you need a warrant stateside for an action abroad?

A

No. But you must follow laws of foreign country.

31
Q

Does the 4th amdmt apply at international airports?

A

No. You are not in US.

32
Q

Can coast guard board and search?

A

Yes, and if they get prob. cause, they can do an extensive search.

33
Q

Are warrants req. for gathering for. int.?

A

No.

34
Q

Does the 5th extend to foreign jx?

A

No

35
Q

Letters Rogatory

A

Formal and Informal

*Defense must show that the evidence is favorable and material.

36
Q

MLATS

A

Mutual Legal Assistance Treaties: provide for taking of evidence and statements abroad; assists in availablity of witnesses, judicial processes, seeing objects and sights

37
Q

Grand Jury subpoenas or Depos

A

Subpoena: If US national does not comply =contempt

38
Q

Three types of charging documents

A

Indictment
Criminal Complaint
Criminal information

International Criminal Law & Procedure (1 decks)

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