International Criminal Law

Question 1

Bases of jurisdiction for states

Answer 1

1. territoriality - most important - crime committed in state
2. physical presence - accused is present in the state
3. nationality - legal resident of the state is accused
4. passive personality - victim is national of state
5. protective principle - concern of national security of the state
6. universal - crime is so bad that anyone can prosecute

Question 2

Genocide actus reus

Answer 2

murder, assault, relocation

Question 3

genocide mens rea

Answer 3

elimination, eradication of one or more protected groups
relates to place or territory perpetrator controls
part of a plan from a state or state-like actor

Question 4

genocide protected classes

Answer 4

nationality
race
ethnicity
religion

Question 5

genocide defenses

Answer 5

• personal issue, not related to state plan

- not elimination based on four groups

Question 6

Crimes against humanity actus reus

Answer 6

killing as part of a widespread and systematic attack against civilian pop

Question 7

crimes against humanity mens rea

Answer 7

• discriminatory, but not necessarily eliminatory

- eliminatory outside four protected groups

Question 8

War crimes - types of conflicts

Answer 8

1. international - state v. state
2. noninternational - civil war, state vs non-state actor
3. armed conflicts

Question 9

war crimes - three values

Answer 9

1. discrimination - separating combatants from civilians
2. proportionality - violence proportional to threat or violence
3. humanity - method and weapons that are inhumane

Question 10

war crimes - hague vs geneva

Answer 10

hague - what tactics can be used

geneva - who can be targeted

Question 11

Crimes of aggression - when is it legal to go to war?

Answer 11

1. UN authorizes use of force to respond to breach and threats of aggression
2. self-defense

Question 12

humanitarian armed intervention

Answer 12

citizens don’t have recourse under international law against their own state, customary rule that third party can come in

Question 13

Aggrevating factors for sentencing

Answer 13

1) status or rank of accused

2) manner in which the crime was committed

Question 14

ICC jurisdiction (art 12)

Answer 14

jurisdiction over crimes committed by a national of a state party or within territory of state party

Question 15

ICC Referral options (art 13)

Answer 15

1. referral by state party to ICC - self-referral, under art 12 jurisdiction
2. Proprio motu - ICC prosecutor refers - under art 12 jurisdiction, for oppressed populations
3. UN Security Council - no art 12 jurisdiction

Question 16

UN Security Council ICC determination

Answer 16

determination - threat to peace, breach of peace, act of aggression

Question 17

UN Security Council ICC measures

Answer 17

1. majority of states approve & no permanent member vetoes (US, Russia, France, UK, China)
2. forceable measures - 8bis - authorize use of force
3. nonforceable measures - economic sanctions, blocking out comms, etc

Question 18

ICC deferral provision (art 16)

Answer 18

security council can defer in one year installments