The International Criminal Court (ICC)
Exam Questions With Correct Answers
What core document established the ICC and when? - answer✔✔The Rome Statute in 2002
What was the jurisdiction of the ICC? - answer✔✔4 core international crimes: genocide, crimes
against humanity, war crimes, and crimes of aggression
What was the mandate of the ICC? - answer✔✔investigate & prosecute core international crimes
in situations where states are unable or unwilling to do so and only in states that are signatory to
the Rome Statute, unless authorised by the UNSC
What did Moghalu argue? - answer✔✔Dichotomy between those who had visions of a
cosmopolitan world society and those who favored interstate cooperation predicated by
sovereignty
What is the principle of complementarity? - answer✔✔Plays complementarity role to national
jurisdictions intended as a court of last resort to ensure that worst crimes will not go unpunished
Who does the ICC try? - answer✔✔Individuals NOT states: overrides immunity, but only
justified for most serious crimes of international concern
What is the realism argument for the creation of the ICC? - answer✔✔It is an instrument of
powerful states to punish behaviour of "irrational" states. Interest and power are explanatory
factors.
What does Bass (2000) argue? - answer✔✔For realists, war crimes tribunals are used as
punishment, revenge, and spectacles by the victorious country. It is ANYTHING but justice.
What is the liberalist/institutionalist argument for the creation of the ICC? -
answer✔✔International courts can moderate or constrain state behaviour which can create
cooperation, trust, accountability, and compliance amongst states.
What is the constructivist argument for the creation of the ICC? - answer✔✔It is a progressive
institutional design despite major power opposition. International courts can generate/promote
certain norms of behaviour (shared expectations)
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