Individuals

Question 1

Genuine Link Rule

Answer 1

(Nottebohm)

Naturalization of an individual:

1. Habitual Residence
2. Center of Interests
3. Family Ties
4. Participation in Public Life
5. Attachment and Children

Question 2

Nationality of a Corporation

Answer 2

(Barcelona Traction)
Company, not shareholders

1. Domicile
2. Place of Incorporation (center of control)

Question 3

Universal Crimes under Nuremberg Judgment

Answer 3

1. Crimes of War
2. Crimes against the Peace
3. Crimes against Humanity

Question 4

Nullum crimen sine lege nulla poena sine lege

Answer 4

There exists no crime and no punishment without preexisting penal law

Question 5

Complementary Principle (ICC)

Answer 5

The ICC can only investigate and prosecute core international crimes when national jurisdictions are unable or unwilling to do so

(reflects idea that it’s better to do this in the country where the crime occurred)

Question 6

Goals of ICC

Answer 6

1. Justice and Punishment
2. Deterrence
3. Record-Keeping
4. Progressive Development of International Law

Question 7

Universal Declaration of Human Rights Article 3

Answer 7

Right to life, liberty, and security of person

Question 8

Universal Declaration of Human Rights Article 5

Answer 8

No torture

No cruel, unusual, degrading punishment

Question 9

Under the ATS, a norm of international law that has been violated must be:

Answer 9

1. Specific
2. Universal
3. Obligatory

(Blackstone’s causes of action: safe conduct, ambassadors, piracy)

Question 10

Transitory Tort Doctrine

Answer 10

Allows for a lawsuit against a person in the US regardless of where the crime occurred, as long as personal jurisdiction is met