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)

Question 11

How is “genocide” defined in Article 6 of the Rome Statute?

Answer 11

Any of 5 acts, committed with an intent to destroy - in whole or in part - a national, ethnic, racial, or religious group:

(a) Killing
(b) Causing serious bodily or mental harm
(c) Deliberately inflicting conditions of life calculated to bring about the group’s physical destruction in whole or in part
(d) Imposing measures intended to prevent births
(e) Forcibly transferring children

Question 12

How is “crimes against humanity” defined in Article 7 of the Rome Statute?

Answer 12

Specific acts (including murder, imprisonment, rape, enforced disappearances, apartheid, or other inhumane acts of a similar character intentionally causing great suffering or serious bodily injury)…

…which are committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack.