Third Test Flashcards
When did the Helsinki Session Occur?
1985
Which article of the I.L. Commission states that the outbreak of an armed conflict does not terminate the operation of treaties?
Article 2
Which article of the I.L. Commission states that a treaty establishing an international organization is not affected by armed conflict between any of its parties?
Article 6
Which article of the I.L. Commission claims that a suspended treaty resumes at the end of an armed conflict?
Article 11
The Human Right movement came in the wake of what?
WWII
What three instruments make up the “International Bill of rights?”
- Universal Declaration of Human Rights (UDHR)
- The International Covenant on Civil and Political Rights (ICCPR)
- The International Covenant on Economic and Social Rights (ICESR)
The international law of human rights begins where?
Article 55(c) of the UN charter
The universal declaration of human rights was adopted when?
1948
What was the vote on the declaration of human rights?
48 to 0; 8 abstaining
The covenant on civil rights includes the right to not what?
Be imprisoned for debt
Where does it list the acts and practices that violate I.L?
UN Charter Article 1(3) and UDHR Article 2
Who handled the Lawless Case?
European Court of Human Rights
What was the Lawless case about?
Ireland holding Lawless in detention without trial?
What was the ruling in the Lawless case?
A state may hold an individual without trial during national emergency if doing so is necessary to meet the emergency
The US is a party to how many of the human rights covenants?
2
When was the Convention on the Prevention and Punishment of the crime of Genocide signed and by who?
1948; President Truman
When was the Convention on the Prevention and Punishment of the crime of Genocide before senate?
1949-1986
When did Congress pass the Genocide Convention Implementation Act? When was it ratified?
passed in 1988; ratified in 1989
When did the senate give consent on the Genocide Convention Implementation Act?
1990
Enforcement of international acts is based on what?
Compliance by member states
When was the International Criminal Tribunal for Yugoslavia established?
1993
When did African States adopt the Banjul Charter of Human’s and People’s rights?
1981
in 1961, Western European states adopted what?
the European Social Charter
What act made communist states make human rights commitments and Western states accept the status quo?
the Helsinki Final Act
When was the Helsinki Final Act created?
1975
When did the EU heads of state move to establish a charter of fundamental rights of the EU?
June 1999
Which part of the charter of the organization of American states recognizes the rights of the individual and principles of universal morality?
Chapter IV Article 16
When was the Inter-American Commission oh Human Rights created?
1960
Where does the Banjul Charter state that every person must recognize their duties?
Article 27
Which part of the Banjul charter guarantees the right to self determination?
Article 20
When was the Arab League founded?
1945
When did the Arab league establish a permanent Arab Commission on Human Rights?
1968
When did the Arab League adopt the Arab Charter on Human Rights?
1994
The Arab Charter on Human rights is silent on what?
the right to change religion
By the year 2000, how many countries have ratified the Women’s Convention?
165
Rape is classified as a what?
war crime
The statute of the International Criminal Tribunal for Rwanda refers to rape as a violation of what?
Article 3 of the Geneva Convention
A state incurs international responsibility if it breaches what?
An international obligation
A state has a duty under I.L. to protect what?
A foreign embassy
True or false: negligence in protection alone is a breach
False
The entry of foreign troops into the territory of another state which would normally be unlawful becomes lawful if that state gave what?
consent
Under what rule makes the wrongful act of a state excused if the act was due to an irresistible force?
force majure
Who was involved in the Rainbow Warrior case?
New Zealand v. France
What was the Rainbow Warrior case about?
France removed 2 agents convicted of destroying a ship docked in New Zealand on the basis that they required emergency medical treatment
Under the claim of what, is a wrongful act excused if it was the only means of safeguarding an essential interest?
Necessity
When was the UN charter created?
1945
When did the GA first meet and where?
1946; first met in London, reconvened in New York
When did the GA adopt the Universal Declaration of Human Rights?
1948
When did the GA establish the UN High Commissioner for Refugees?
1949
When did the GA approve the treaty on Non-Proliferation of Nuclear Weapons?
1968
When did the GA announce the UN Decade of International Law?
1989
When did the GA establish post of High Commissioner for Human Rights/
1994
When did 152 heads of state from all over the world to reaffirm the UN’s central position in world affairs?
2000
What UN Security Council Resolution identified acts of terrorism?
1566
When did the UN Security Council pass resolution 1566?
2004
When did UN security council Resolution 1593 refer to its first case?
2005
What was Resolution 1593’s first case about?
Sudan to the ICC
Which article of the UN charter recognizes the contribution of regional agencies to global peace?
VIII
What is the Inter-American treaty of Reciprocal Assistance of 1947 also known as?
The Rio Treaty
The African Charter calls for a collective African defense posture known as what?
The African High Command
Which article of the Arab League Charter considers aggression against one member as aggression against all?
Article VII
Where does NATO discuss collective self defense?
Articles 3-6
Where does NATO discuss peaceful settlement of disputes involving a member?
Article 1
When was the landmine convention?
1977
Who did not sign the landmine convention?
USA, Russia, China
When was the Geneva Gas Protocol?
1925
When was the Chemical Weapons Convention?
1993
The Chemical Weapons Convention oblige those who have them to dispose of them by when?
2010
The possession and testing of nuclear weapons is handled by what?
The Nuclear Non-Proliferation Treaty of 1970
What is the main authority about POWs?
The Third Geneva Convention
The work a prisoner does must not be what?
dangerous, humiliating, affiliated with the war
What governs the protection of civilians in wartime?
The 4th Geneva Convention
Which article of the 4th Geneva convention states that women shall be especially protected against any attack on their honor?
Article 27
What codefines sexual and gender based atrocities?
Article 7 (1) of the 1998 Rome Statute
The convention on the Rights of the Child restricts the recruitment of children under what?
15
Jurisdiction under I.L. may be what?
Personal or Subject-Matter
The jurisdiction of the nation within its own country is what?
exclusive and absolute
Who handled Blackmer v. US and when?
SCOTUS, 1932
What was Blackmer v US about?
Blackmer was living in France and failed to respond to subpoenas served upon him that required him to appear in the US
What was the ruling in Blackmer v US?
For the exercise of judicial jurisdiction in personam, there must be due process
Who handled US v. Fawaz Yunis and when?
US Court of Appeals (DC) 1991
What was US v. Fawaz Yunis about?
The hijacker alleged that the US did not have the right to prosecute him in the US
What was the ruling in US v. Fawaz Yunis?
A state may punish non-nationals outside of its territory
Who handled Wilson v. Girard and when?
SCOTUS, 1957
What was Wilson v. Girard about?
A US soldier wounded a Japanese woman during a military exercise but was granted an injunction preventing him from going to Japanese authorities
What was the ruling in Wilson v. Girard?
A sovereign state has exclusive jurisdiction to punish offenses against its laws committed within its borders unless it consents to surrender its jurisdiction
The surrender of an individual accused or convicted of a crime to the state where he committed the crime is known as what?
Extradition
Under what principle can the state making the request not try or punish the fugitives for crimes committed before the extradition?
Specialty
Under the requirement of what is extradition available when the act is punishable under law of both states?
Double criminality
When did the US and UK sign the Supplementary Extradition Treaty?
June 25, 1985
If the fugitive is not a national of the asylum state, it may deport him as a what?
Undesirable alien
