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International Criminal Law Quiz with Answers

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Quiz on all things to do with International Criminal Law with answers...includes cases, descriptions etc

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  • October 21, 2013
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  • 2012/2013
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By: hindkhier • 3 year ago

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ICL REVISION QUIZ
2012-2013


1. What is the difference between jus ad bellum and jus in bello?
A: Jus ad bellum= use of force; jus in bello= conduct of hostilities.



2. Which of the following courts could exercise jurisdiction over crimes against
peace?
ICTY/ICTR/ICC/International Military Tribunal Nuremberg/International Military
Tribunal Tokyo/Iraqi High Tribunal/ECCC


A: Nuremberg, Tokyo, ICC, Iraqi High Tribunal



3. What is the difference between ‘command’ or ‘superior’ responsibility and
‘superior orders’?


A: ‘command responsibility’ is about the responsibility of commanders (military and civilian)
in relation to their failure to control or respond appropriately to crimes of their subordinates.
‘superior orders’ is a defence or mitigating factor, depending on the court, based on the claim
that the accused was acting under orders.


4. What is the principle of ‘complementarity’?


A: The principle of ‘complementarity’ underpins the functioning of the ICC. Under its
Statute, the ICC can only exercise its jurisdiction where the State Party of which the accused
is a national, is unable or unwilling to prosecute. The Court is complementary to the domestic
court, which makes the ICC a Court of last resort. Where a national of, say Sudan, is accused,
then the ICC will only have jurisdiction over the crime where there is an unwillingness or
incompetence of State institutions to prosecute.



5. Imagine it is 2018. 34 state parties have ratified the "Kampala Amendments"
to the Rome Statute. At the Review Conference in 2017, the United Kingdom tabled a
motion to allow the ICC to exercise jurisdiction over the crime of aggression. One third
of state parties agreed, including some states which had not formally ratified the
amendments. Can the Court now exercise jurisdiction over the crime of aggression?
1

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