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The International Criminal Court and National Courts

Description: The International Criminal Court and National Courts
Number of Questions: 15
Created by:
Tags: international criminal court national courts jurisdiction complementarity admissibility
Attempted 0/15 Correct 0 Score 0

What is the primary function of the International Criminal Court (ICC)?

  1. To prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression

  2. To provide legal assistance to national courts in prosecuting international crimes

  3. To monitor and report on human rights violations around the world

  4. To promote peace and security through diplomatic negotiations


Correct Option: A
Explanation:

The ICC is a permanent international court that investigates and prosecutes individuals accused of committing the most serious crimes of concern to the international community, including genocide, crimes against humanity, war crimes, and the crime of aggression.

Which principle governs the relationship between the ICC and national courts?

  1. Complementarity

  2. Subsidiarity

  3. Universality

  4. Autonomy


Correct Option: A
Explanation:

The principle of complementarity means that the ICC will only exercise its jurisdiction if national courts are unable or unwilling to genuinely investigate and prosecute the crimes in question.

What is the admissibility criterion that allows the ICC to exercise its jurisdiction over a case?

  1. Gravity of the crime

  2. Lack of national capacity or unwillingness to prosecute

  3. Consent of the state where the crime was committed

  4. All of the above


Correct Option: D
Explanation:

The ICC can exercise its jurisdiction over a case if the crime is of sufficient gravity, if national courts are unable or unwilling to prosecute, and if the state where the crime was committed consents to the ICC's jurisdiction.

Which of the following is NOT a crime within the jurisdiction of the ICC?

  1. Genocide

  2. Crimes against humanity

  3. War crimes

  4. Drug trafficking


Correct Option: D
Explanation:

Drug trafficking is not a crime within the jurisdiction of the ICC. The ICC's jurisdiction is limited to the most serious crimes of concern to the international community, including genocide, crimes against humanity, war crimes, and the crime of aggression.

What is the role of the Security Council in relation to the ICC?

  1. It can refer cases to the ICC

  2. It can authorize the ICC to investigate and prosecute crimes in a particular situation

  3. It can impose sanctions on states that do not cooperate with the ICC

  4. All of the above


Correct Option: D
Explanation:

The Security Council has a number of powers in relation to the ICC, including the ability to refer cases to the ICC, authorize the ICC to investigate and prosecute crimes in a particular situation, and impose sanctions on states that do not cooperate with the ICC.

Which of the following is NOT a defense that can be raised before the ICC?

  1. Lack of mental capacity

  2. Self-defense

  3. Superior orders

  4. Necessity


Correct Option: D
Explanation:

Necessity is not a defense that can be raised before the ICC. The ICC recognizes the defenses of lack of mental capacity, self-defense, and superior orders, but it does not recognize the defense of necessity.

What is the maximum sentence that the ICC can impose?

  1. Life imprisonment

  2. 30 years' imprisonment

  3. 20 years' imprisonment

  4. 10 years' imprisonment


Correct Option: A
Explanation:

The ICC can impose a maximum sentence of life imprisonment for the most serious crimes, such as genocide and crimes against humanity.

Which of the following is NOT a crime against humanity within the jurisdiction of the ICC?

  1. Murder

  2. Rape

  3. Torture

  4. Apartheid


Correct Option: D
Explanation:

Apartheid is not a crime against humanity within the jurisdiction of the ICC. The ICC's jurisdiction over crimes against humanity is limited to certain specific crimes, such as murder, rape, torture, and persecution.

What is the role of the Prosecutor in the ICC?

  1. To investigate and prosecute crimes within the ICC's jurisdiction

  2. To represent the interests of victims before the ICC

  3. To provide legal assistance to national courts in prosecuting international crimes

  4. All of the above


Correct Option: A
Explanation:

The Prosecutor is responsible for investigating and prosecuting crimes within the ICC's jurisdiction. The Prosecutor is an independent and impartial official who is elected by the Assembly of States Parties to the Rome Statute.

Which of the following is NOT a war crime within the jurisdiction of the ICC?

  1. Wilful killing

  2. Torture or inhuman treatment

  3. Extensive destruction and appropriation of property

  4. Using child soldiers


Correct Option: C
Explanation:

Extensive destruction and appropriation of property is not a war crime within the jurisdiction of the ICC. The ICC's jurisdiction over war crimes is limited to certain specific crimes, such as wilful killing, torture or inhuman treatment, and using child soldiers.

What is the crime of aggression within the jurisdiction of the ICC?

  1. The planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations

  2. The use of force against another state without justification

  3. The invasion of another state's territory

  4. All of the above


Correct Option: A
Explanation:

The crime of aggression is defined as the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations.

Which of the following is NOT a defense that can be raised against the crime of aggression?

  1. Lack of mental capacity

  2. Self-defense

  3. Superior orders

  4. Necessity


Correct Option: D
Explanation:

Necessity is not a defense that can be raised against the crime of aggression. The ICC recognizes the defenses of lack of mental capacity, self-defense, and superior orders, but it does not recognize the defense of necessity.

What is the role of the Assembly of States Parties in the ICC?

  1. To oversee the ICC's budget and administration

  2. To elect the ICC's judges and Prosecutor

  3. To adopt amendments to the Rome Statute

  4. All of the above


Correct Option: D
Explanation:

The Assembly of States Parties is the governing body of the ICC. It is composed of representatives from all states that have ratified the Rome Statute. The Assembly of States Parties is responsible for overseeing the ICC's budget and administration, electing the ICC's judges and Prosecutor, and adopting amendments to the Rome Statute.

Which of the following is NOT a crime within the jurisdiction of the ICC?

  1. Genocide

  2. Crimes against humanity

  3. War crimes

  4. Drug trafficking


Correct Option: D
Explanation:

Drug trafficking is not a crime within the jurisdiction of the ICC. The ICC's jurisdiction is limited to the most serious crimes of concern to the international community, including genocide, crimes against humanity, war crimes, and the crime of aggression.

Which of the following is NOT a defense that can be raised before the ICC?

  1. Lack of mental capacity

  2. Self-defense

  3. Superior orders

  4. Necessity


Correct Option: D
Explanation:

Necessity is not a defense that can be raised before the ICC. The ICC recognizes the defenses of lack of mental capacity, self-defense, and superior orders, but it does not recognize the defense of necessity.

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