Reconciliation after War (P. Grzebyk) Flashcards
Why is to initiate a war of aggression a supreme international crime?
Because Its consequences are not confined to the belligerent States alone, but affect the whole world and that it contains within itself the accumulated evil of the whole.
which type of social groups does the concept of genocide protects?
national, ethnical, racial or religious group
Which are the acts committed with intent to destroy, in whole or in part a group considered as acts of genocide?
(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.
TRUE OR FALSRE: States would recibe some legal status if they are identified as the aggressors.
FALSE. Never ever in history the state will say that they are comminting an agression. They will justify it in any possible way.
According to IMT statute, what are CRIMES AGAINST PEACE?
planning, preparation, initiation or waging of a war of aggression, or a war in violation of international treaties, agreements or assurances, or participation in a common plan or conspiracy for the accomplishment of any of the foregoing;
According to IMT statute, what are CRIMES AGAINST HUMANITY?
murder, extermination, enslavement, deportation, and other inhumane acts committed against any civilian population, before or during the war; or persecutions on political, racial or religious grounds in execution of or in connection with any crime within the jurisdiction of the Tribunal, whether or not in violation of the domestic law of the country where perpetrated.
TRUE OR FALSRE: War crimes and crimes against humanity can be applied in the same conditions.
FALSE: War crimes can only apply when a war is ongoing, if no war is present then this definition would not apply. Crimes against humanity will.
TRUE OR FALSRE: The homicide of large groups of a special political thinking is a genocide.
FALSE: Its not genocide if it is not national, ethnical, racial or religious groups.
Can communist states be prosecuted for genocide because of pogroms against certain civilian groups?
they cant be prosecuted because of the attack of political groups but they can for the attack of a national, ethnical, racial or religious group.
Which acts did the ICC Statute (1998) added to the conceptualization of Crimes Against hummanity?
- Torture;
- Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity;
- Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3
- Enforced disappearance of persons
- Apartheid
- Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
ICC Statute, art. 8: The Court shall have jurisdiction in respect of war crimes in particular when…
committed as part of a plan or policy or as part of a large-scale commission of such crimes.
Guardian 28th Feb. 2013: US pledges expanded support for Syrian rebels but no military aid. John Kerry offers $60m in ‘non-lethal’ assistance for Syrian opposition fighting Bashar al-Assad.
Do you think this could be an aggression?
?
Military officer receives an order to prepare an attack on the other country. Does he commit aggression?
No. If he was not involved in the planning, no
Was an intervention in Iraq aggression?
Yes (?)
Is cybercrime an aggression? Like e.g. destroying the net system of Ministry of Defence?
yes
Was an attack on WTC an aggression?
NO, because aggression is only state against state.
In Syria since 2011 around 600.000 persons were killed, can we qualify this situation as kind of international crime?
?
How would you qualify massacres of Poles in Volhynia and Eastern Galicia?
?
Is it a war crime:
To kill combatant by civilian
To kill civilian by combatant
To kill wounded person by civilian To kill civilian by civilian
A) no, he will be prosecuted for a normal crime but no for a war crime
B) yes
C) no
D) no
After terrorist attacks in London, New York, Madrid there was a cover of a newspaper which said Genocide of XXI century. Was it appropriate legal term?
No, You cannot identify the specific group that is intended to be eliminated.
What main conditions have to be fulfilled to talk about crime against humanity? Was Wisła (Vistula) Action crime against humanity?
No, because there have been a lot of changes to the law and in that time i wouldnt be a crime against humanity. (COMPLETE)
Can we qualify policy of Israel to build another settlements in occupied territory of Palestine as a war crime?
Yes
What does it mean that no quarter will be given?
That they will kill all soldiers that surrender
Is using UAV a war crime/crime of aggression?
No, but if you use it against civilians, yes.
Is it possible to prosecute somebody for genocide if he killed “just” 5 people?
There is nothing in the definition about scale, but you have to prove the intention.
Was Hiroshima and Nagasaki bombing a war crime? Or was it justified?
The use of this kind of arm would be codified as one but the principle of proportionality was not codified by this time so i was possible to justify it.
Was Dresden bombing a crime? Or was it justified?
From this perspective of total war and all industrial property as a military target it was not a war crime but today it would be.
War crime is an act of violence against:
Select one or more:
a. civilians taking indirect part in hostilities
b. any combatant
c. medical staff
d. shipwrecked
e. civilian taking direct part in hostilities
c. medical staff
d. shipwrecked
e. civilian taking direct part in hostilities
According to the ICC Statute crimes against humanity are crimes committed
Select one or more:
a. against any innocent population
b. in a widespread and systematic manner
c. against civilian population
d. in a widespread or systematic manner
b. in a widespread and systematic manner
c. against civilian population
War crimes are described in the GC of 1949 as:
Select one:
a. serious breaches
b. any violations of IHL
c. grave breaches
d. some violations of IHL
c. grave breaches
During peace and war time the following crimes can be committed:
Select one or more:
a. aggression
b. genocide
c. crimes against humanity
d. war crimes
genocide, crimes against humanity
According to the ICC Statute, war crimes can be committed
Select one or more:
a. during riots
b. during an internal armed conflict
c. during any type of conflict - but the catalogue of crimes is different
d. during international armed conflict
b. during an internal armed conflict
d. during international armed conflict
c. during any type of conflict - but the catalogue of crimes is different
