Week 3

Question 1

Exercise of jurisdiction (3)

Answer 1

• State party referral
• SC referral
• Prosecutor initiates

Question 2

Mental element

Answer 2

Mens rea
- Intention
- Awareness

Question 3

Material element

Answer 3

Nexus between conduct (= gedrag) and conflict.
- material element for specific crime

Question 4

Personal jurisdiction

Answer 4

Which accused person falls within Court’s jurisdiction

Question 5

Territorial jurisdiction

Answer 5

Where must conduct of the accused take place?

Question 6

Joint Criminal enterprise

Answer 6

Participation in furtherance of common plan, with intent to commit a crime, and a crime is committed

Question 7

Functional immunity

Answer 7

Applies to all state officials.
- only to conduct they act out in official capacity
- does not apply to private acts
- custom + vienna

Question 8

Personal immunity

Answer 8

Very high officials immunity
- private and official capacity
- custom

Question 9

Principle of Complementarity

Answer 9

National criminal justice takes precedence over jurisdiction of ICC

Question 10

Crime of aggression

Answer 10

Planning, preparation, imitation or execution of an act of aggression which constitutes a manifest violation of the UN charter

Question 11

Criteria joint criminal enterprise (JCE) (3)

Answer 11

1) more than 1 individual involved in commission of a crime
2) common plan
3) the accused made a significant contribution to the crime

Question 12

4 types of immunity

Answer 12

1) diplomats + diplomatic property
2) international organizations
3) states
4) high-ranking state officials

Question 13

Ad hoc diplomacy

Answer 13

send state representatives on ‘special missions’ to other states