International Criminal Law

Question 1

What are the four core crimes in int’l criminal law?

Answer 1

1. Genocide
2. War crimes
3. Crimes against humanity
4. Crime of aggression

Question 2

Where in the Rome Statute is the law on ‘mental elements’ found?

Answer 2

Article 30

Question 3

What ‘mental elements’ are required for international crimes under Article 30 of the Rome Statute?

Answer 3

Intention and knowledge

(Unless otherwise provided)

Question 4

How is intent defined in Article 30 Rome Statute?

Answer 4

In relation to conduct, a person “means to engage in the conduct”

In relation to a consequence, a person “means to cause that consequence” (30(2)(a)) or “is aware that it will occur in the ordinary course of events” (30(2)(b))

Question 5

What did Thomas Lubanga v ICC say about the requirement of intent?

Answer 5

Article 30 was specifically meant to rule out recklessness, and instead require direct or oblique intent

Question 6

What are the two parts of the law of armed conflict known as?

Answer 6

Hague Law: Law of methods and means of warfare

Geneva Law: Treatment and protection of civilians, wounded soldiers and POWs

Question 7

What are the four Geneva Conventions of 1949?

Answer 7

GC1: Wounded and sick soldiers
GC2: Wounded and sick sailors
GC3: Prisoners of War
GC4: Protection of civilians

Question 8

What are the two protocols of 1977 to the Geneva Conventions?

Answer 8

Protocol 1: Protection of Victims of Int’l Armed Conflicts
Protocol 2: Protection of Victims of Non-Int’l Armed Conflicts

Question 9

What are the two key principles of jus in bellum?

Answer 9

1. Distinction (between combatants and civilians)
2. Proportionality

Question 10

When can states legally use force?

Answer 10

1. Self-defence
2. With approval of UNSC

(Or, if another state requests intervention)