| Did Kosovo's declaration of independence violate IL? | No it did not. The ICJ stated this in a ground-breaking ruling that could have fair reaching implications for separatist movements around the world. |
| Which steps do you have to follow for state responsibility? | The steps:
1. Is the act attributable to the state?
2. Is it a breach of an international obligation?
- Primary or secondary rules?
3. Are there circumstances precluding wrongfulness
4. Remedy (to put the injustice right, ending situation, fixing wrongdoings?)
5. Enforcement (done by states) |
| Where can we find the origin of International Criminal Law (ICL)? | In the Nuremberg and Tokyo Trials. |
| What is the founding treaty of the ICC? | The Rome Statute (adopter in 1998, entered into force in 2002). |
| Who or what does the ICC prosecute? | Individuals, not states. |
| Which elements do we need to distinct if we look at the crimes that are trialed at the ICC? | The elements:
1. The physical element: the conduct itself, such as the physical act of killing another human
2. The mental element: The psychological state of mind of the offender required for the conduct to be subject to punishment (the guilty mind) |
| Which crimes fall under the jurisdiction of the ICC (article 5 Rome Statute of the ICC)? | 1. The crime of genocide
2. Crimes against humanity
3. War crimes
4. The crime of aggression |
| Define the crime of genocide. | Summarized:
1. Ius cogens
2. Killing/harming members of national, ethnical, racial or religious groups
3. Elements:
- Physical element: killing members of a group
- Mental element: genocidal intent to destroy a group (based on facts) |
| Define crimes against humanity. | Summarized:
1. In times of conflict/peace time
2. Elements:
- Physical element: acts of serious violence committed against a civilian population (systematic, etc.)
- Mental element: element required for offence (murder, etc.), awareness of context |
| Define war crimes. | Summarized:
1. Nexus-requirement: connection between war crime and war
2. Armed conflict |
| Define the crime of agression. | Summarized:
1. Planning, preparation, initiation or execution of an act of aggression
2. Which violates the UN Charter
3. State action only? |
| Name the grounds for excluding criminal responsibility. | The grounds:
1. Intoxication
2. Self-defence
3. The defence of others; and
4. The defence of certain property |
