Individual Criminal Responsibility

Description: This quiz covers the topic of Individual Criminal Responsibility in International Criminal Law. It explores the concept of individual liability for international crimes, the elements of individual criminal responsibility, and the defenses that may be raised by individuals accused of international crimes.
Number of Questions: 14
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Tags: international criminal law individual criminal responsibility elements of crimes defenses
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Which of the following is NOT an element of individual criminal responsibility under international law?

  1. Actus reus

  2. Mens rea

  3. Causation

  4. Legality


Correct Option: D
Explanation:

Legality is not an element of individual criminal responsibility under international law. The other three elements are: (1) actus reus (the physical act or omission that constitutes the crime), (2) mens rea (the mental state or intent required for the crime), and (3) causation (the causal link between the actus reus and the resulting harm).

What is the principle of nullum crimen sine lege?

  1. No crime without a law

  2. No punishment without a law

  3. No law without a crime

  4. No punishment without a crime


Correct Option: A
Explanation:

The principle of nullum crimen sine lege is a fundamental principle of international criminal law that prohibits the punishment of individuals for acts that were not criminalized at the time they were committed.

Which of the following is NOT a defense that may be raised by individuals accused of international crimes?

  1. Self-defense

  2. Necessity

  3. Superior orders

  4. Duress


Correct Option: C
Explanation:

Superior orders is not a defense that may be raised by individuals accused of international crimes. The other three defenses are recognized in international law as potential defenses to criminal liability.

What is the principle of actus reus?

  1. The physical act or omission that constitutes the crime

  2. The mental state or intent required for the crime

  3. The causal link between the actus reus and the resulting harm

  4. The principle that individuals cannot be punished for acts that were not criminalized at the time they were committed


Correct Option: A
Explanation:

Actus reus is the physical act or omission that constitutes the crime. It is one of the three elements of individual criminal responsibility under international law.

What is the principle of mens rea?

  1. The physical act or omission that constitutes the crime

  2. The mental state or intent required for the crime

  3. The causal link between the actus reus and the resulting harm

  4. The principle that individuals cannot be punished for acts that were not criminalized at the time they were committed


Correct Option: B
Explanation:

Mens rea is the mental state or intent required for the crime. It is one of the three elements of individual criminal responsibility under international law.

What is the principle of causation?

  1. The physical act or omission that constitutes the crime

  2. The mental state or intent required for the crime

  3. The causal link between the actus reus and the resulting harm

  4. The principle that individuals cannot be punished for acts that were not criminalized at the time they were committed


Correct Option: C
Explanation:

Causation is the causal link between the actus reus and the resulting harm. It is one of the three elements of individual criminal responsibility under international law.

What is the defense of self-defense?

  1. The use of force to defend oneself or others from an imminent threat of harm

  2. The use of force to prevent a greater harm from occurring

  3. The use of force to obey a lawful order

  4. The use of force to protect property


Correct Option: A
Explanation:

Self-defense is the use of force to defend oneself or others from an imminent threat of harm. It is a recognized defense to criminal liability under international law.

What is the defense of necessity?

  1. The use of force to defend oneself or others from an imminent threat of harm

  2. The use of force to prevent a greater harm from occurring

  3. The use of force to obey a lawful order

  4. The use of force to protect property


Correct Option: B
Explanation:

Necessity is the use of force to prevent a greater harm from occurring. It is a recognized defense to criminal liability under international law.

What is the defense of duress?

  1. The use of force to defend oneself or others from an imminent threat of harm

  2. The use of force to prevent a greater harm from occurring

  3. The use of force to obey a lawful order

  4. The use of force to protect property


Correct Option: C
Explanation:

Duress is the use of force to obey a lawful order. It is a recognized defense to criminal liability under international law.

What is the principle of command responsibility?

  1. The principle that individuals in positions of command are responsible for the crimes committed by their subordinates

  2. The principle that individuals are responsible for the crimes they commit even if they were acting under the orders of a superior

  3. The principle that individuals are not responsible for the crimes they commit if they were acting under the orders of a superior

  4. The principle that individuals are responsible for the crimes they commit even if they were acting in self-defense


Correct Option: A
Explanation:

Command responsibility is the principle that individuals in positions of command are responsible for the crimes committed by their subordinates. It is a recognized principle of individual criminal responsibility under international law.

What is the principle of joint criminal enterprise?

  1. The principle that individuals who participate in a joint criminal enterprise are responsible for the crimes committed by other members of the enterprise

  2. The principle that individuals are responsible for the crimes they commit even if they were acting under the orders of a superior

  3. The principle that individuals are not responsible for the crimes they commit if they were acting under the orders of a superior

  4. The principle that individuals are responsible for the crimes they commit even if they were acting in self-defense


Correct Option: A
Explanation:

Joint criminal enterprise is the principle that individuals who participate in a joint criminal enterprise are responsible for the crimes committed by other members of the enterprise. It is a recognized principle of individual criminal responsibility under international law.

What is the principle of universal jurisdiction?

  1. The principle that individuals can be tried for international crimes in any country, regardless of where the crimes were committed

  2. The principle that individuals can only be tried for international crimes in the country where the crimes were committed

  3. The principle that individuals can only be tried for international crimes in the country of their nationality

  4. The principle that individuals can only be tried for international crimes in the country where they were arrested


Correct Option: A
Explanation:

Universal jurisdiction is the principle that individuals can be tried for international crimes in any country, regardless of where the crimes were committed. It is a recognized principle of international law.

What is the principle of complementarity?

  1. The principle that the International Criminal Court (ICC) can only exercise jurisdiction over crimes if the national courts are unwilling or unable to do so

  2. The principle that the ICC can only exercise jurisdiction over crimes if the national courts have already tried and convicted the accused

  3. The principle that the ICC can only exercise jurisdiction over crimes if the national courts have already tried and acquitted the accused

  4. The principle that the ICC can only exercise jurisdiction over crimes if the national courts have already refused to exercise jurisdiction


Correct Option:
Explanation:

Complementarity is the principle that the ICC can only exercise jurisdiction over crimes if the national courts are unwilling or unable to do so. It is a fundamental principle of the ICC's jurisdiction.

What is the principle of non-retroactivity?

  1. The principle that individuals cannot be punished for acts that were not criminalized at the time they were committed

  2. The principle that individuals can be punished for acts that were criminalized after they were committed

  3. The principle that individuals can be punished for acts that were criminalized at the time they were committed, even if the law has since been changed

  4. The principle that individuals can be punished for acts that were criminalized at the time they were committed, but only if the law has not been changed since then


Correct Option: A
Explanation:

Non-retroactivity is the principle that individuals cannot be punished for acts that were not criminalized at the time they were committed. It is a fundamental principle of international criminal law.

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