Lesson 20

Question 1

What is an international legal personality?

Answer 1

i) ability to be the holder of rights and obligations

ii) active and passive legitimacy

iii) possibility of violating international obligations

Question 2

What year was the ILC Draft Articles on International Responsibility of International Organizations?

Answer 2

2011

Question 3

ILC Draft Article 2011

Answer 3

on International Responsibility of International Organizations

Question 4

Is there an agreed definition of international crime?

Answer 4

no

Question 5

Does IL place criminal responsibility on the state on whose behalf of the criminal?

Answer 5

no

Question 6

What are the two levels of international responsibility of individuals?

Answer 6

national and international

Question 7

Four Parts of National Individual Criminal Accountability?

Answer 7

1) Principle of universal jurisdiction (art. 23.4 Ley Organica del Poder Judicial)

2) Principe of art dedere art iudicare

3) no statute of limitations for international crimes (imprescriptibilidad)

4) principle null Pena sine legume (principle of legality)

Question 8

Three Parts of International Individual Criminal Accountability? (who do they answer to)

Answer 8

1) Ad hoc tribunals
2) international criminal court
3) hybrid tribunals

Question 9

Three types of international crimes?

Answer 9

1) War crimes
2) Crimes against humanity
3) genocide

Question 10

Four important legal frameworks in relation to international criminal action?

Answer 10

1) International Military Tribunal Statute
2) Genocide Convention, 1948 Art. VI
3) Geneva Convention 1949 - “grave breaches”
4) Rome Statute 1998

Question 11

Who created Ad hoc tribunals?

Answer 11

the UN Security council

Question 12

How long do Ad Hoc Tribunals Last?

Answer 12

temporary

Question 13

How many judges sit on the ICC?

Answer 13

18

Question 14

Is Palestine a member of the ICC?

Answer 14

Yes, 2015

Question 15

Four Characteristics of the Statute of Rome?

Answer 15

fight against impunity, permanent character, based in the Hague, independent institution not part fo the UN

Question 16

What Statute outlined the ICC?

Answer 16

Statue of Rome, 1998

Question 17

What are the material jurisdictions of there ICC?

Answer 17

1) genocide
2) crimes against humanity
3) war crimes
4) crime of aggression

Question 18

Who does the ICC have personal jurisdiction over?

Answer 18

1) individuals over 18 years-old
2) includes heads of state or of governments (no immunities)
3) superior orders not admitted as defence

Question 19

Is there a statute of limitations for international crimes?

Answer 19

no

Question 20

what does temporal jurisdiction apply to?

Answer 20

crimes committed after 1 July 2002

Question 21

What does temporal jurisdiction mean?

Answer 21

The ICC can only exercise jurisdiction over crimes committed after July 1, 2002 (the date that the Rome Statute went into force). If the alleged crimes occurred prior to this date, the case cannot move forward at the ICC.

Question 22

What are the three active legitimacies of the ICC?

Answer 22

1. State Party referral
   2) Security Council referral
   3) Prosecutor (OTP): initiation motu proprio

Question 23

What is Motu Proprio?

Answer 23

In law, motu proprio (Latin for “on his own impulse”) describes an official act taken without a formal request from another party. Some jurisdictions use the term sua sponte for the same concept.

Question 24

What are the basis of initiation of the preliminary examination by the Prosecutor of the ICC

Answer 24

1) information sent by individuals or groups, States, intergovernmental or non-governmental organizations

2) a referral from a State Party or the Security Council

3) a declaration of acceptance of the jurisdiction of the Court lodged by a non-state Party

Question 25

Wha are the criteria for admissibility?

Answer 25

1) Principle of Complementarity: existence of relevant national proceeding in relation to potential cases before the ICC

2) Gravity: assessment of the scale, nature, manner of commission of the crimes, and their impact

Question 26

How long can the SC suspend an investigation by the ICC?

Answer 26

1 year

Question 27

When was the first judgment of the ICC? which case?

Answer 27

2012 - Lubanga

Question 28

Three Types of Cooperation needed by the ICC?

Answer 28

1) detention and extradition of persons investigated/accused

2) assistance during the investigation of a case

3) execution of penalties

Question 29

What are hybrid international criminal tribunals?

Answer 29

investigate and prosecute large-scale crimes under International law committed in post-conflict and post-crisis countries.

they are often established when the countries own justice just lacks the independence, legal framework, infrastructure, or ham resources to meet fair trade standards or deal with the complexities, and political sensitives of prosecutions