Publıc Internatıonal Law I Final 2. Deneme Sınavı
Toplam 20 Soru1.Soru
I. Office of the Prosecutor,
II. Registry,
III. Appeals Division,
IV. Pre-Trial Division.
Which of the ones listed above is one of the organs of the International Criminal Court?
I, II, III & IV. |
I, II & III. |
II, III & IV. |
I & IV. |
I, III & IV. |
Composition of the ICC The Court is composed of the following organs (Art.34):
• the Presidency;
• an Appeals Division, a Trial Division, and a Pre-Trial Division;
• the Office of the Prosecutor;
• the Registry.
Therefore, the correct option is A.
2.Soru
Which one of the following refers to lessening or restriction of the authority, strength, or power of a law, right, or obligation?
Derogation |
Exhaustion |
In limine |
Inadmissible |
Penalty |
Derogation: Lessening or restriction of the authority, strength, or power of a law, right, or obligation. Specifically in the European Convention on Human Rights, a provision that enables a signatory state to avoid the obligations of some but not all of the substantive provisions of the rest of the Convention (Martin, 2003: 146).
3.Soru
How many judges does International Criminal Court consist of?
7 |
11 |
18 |
21 |
26 |
The ICC consists of 18 judges. The number may be increased on a proposal of the Presidency, indicating the reasons for the increase. Therefore, the correct option is C.
4.Soru
Which of the following is defined as “the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations”?
Act of aggression |
Differentiated approach |
Crime of aggression |
Temporal Jurisdiction |
Admissibility to the Jurisdiction |
An “act of aggression” has been defined as “the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations”.
5.Soru
"The Court will only prosecute an individual if states are unwilling or unable to prosecute." Which of the following does this definition refer to?
Sufficient gravity |
Admissibility to the Jurisdiction |
The principle of complementarity |
Exclusion from criminal responsibility |
Applicable Law |
The principle of complementarity
6.Soru
Resolutions of the General Assembly are sometimes referred to as __________, since they cannot be classified as full-fledged rules of international law such as international custom, treaties, or general principles of law.
Which of the below best completes the sentence above?
Soft law |
Opinio juris |
De lege ferenda |
Instant customary law |
Subsidiary law |
Resolutions of the General Assembly are sometimes referred to as soft law, since they cannot be classified as full-fledged rules of international law such as international custom, treaties, or general principles of law. However, resolutions meet, to a great extent, the criteria to be termed as law.
Soft law refers to guidelines of behavior such as those provided by treaties not yet in force, resolutions of the United Nations, or international conferences, that are not binding in themselves but are more than mere statements of political aspiration (they fall into a legal/political limbo between these two states). Soft law contrasts with hard law, i.e. those legal obligations, found either in treaties or in customary international law that are binding in and of themselves.
7.Soru
What does the United Nations support as universal respect?
Humanitarian intervention to prevent human rights abuses. |
The United Nations is obliged to promote “universal respect for and observance of human rights and fundamental freedoms”. |
The minority rights. |
Religion without discrimination. |
To sustain economic and social development |
The United Nations is obliged to promote “universal respect for and observance of human rights and fundamental freedoms”.
8.Soru
"It determines jurisdiction by reference to the place where the offence is committed."
Which of the following is the correct type of jurisdiction?
Territorial principle |
Nationality principle |
Protective principle |
Conflict of jurisdiction |
Universality principle |
The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction. First, the territorial principle, that determines jurisdiction by reference to the place where the offence is committed. The correct option is A.
9.Soru
Which of the followings is one of the working languages of the International Criminal Court?
Russian. |
Italian. |
Spanish. |
German. |
French. |
The candidate should have an excellent knowledge of and be fluent in at least one of the Court’s working languages (which are English and French). Nominations of candidates for election to the Court may be made by any state party to the Statute. Therefore, the correct option is E.
10.Soru
In which case the PCIJ affirmed that whena state commits an internationally wrongful actagainst another state, international responsibilityis established “immediately as between the two States” ?
In the Phosphates in Morocco case |
In The Factory at Charzow case |
LaGrand case |
In the Rainbow Warrior arbitration |
In the Corfu Channel case |
In the Phosphates in Morocco case(Italy v. France, 1938), the PCIJ affirmed that whena state commits an internationally wrongful act
against another state, international responsibilityis established “immediately as between the twoStates” (Judgment, para. 48).
11.Soru
What is "lessening or restriction of the authority, strength, or power of a law, right, or obligation." called?
Convention |
Derogation |
In limine |
Organization |
Charter |
Derogation: Lessening or restriction of the authority, strength, or power of a law, right, or obligation.
12.Soru
Which one is one of the Naturalists?
Samuel von Pufendorf |
Cornelius van Bynkershoek |
Christian Wolf |
Emmerich de Vattel |
Frank B. Kellogg |
After Grotius, scholars of international law came to be classified under one of three schools: 1) Naturalists, such as Samuel von Pufendorf (1632- 1694), who based international law on natural law exclusively; 2) Positivists, such as Cornelius van Bynkershoek (1673-1743), who based it on the consent of States that was evidenced in State practice, and 3) Grotians (followers of Grotius), including Christian Wolff (1679-1754) and Emmerich de Vattel (1714-67), who relied on both natural law and the consent of States as well as reiterated that international law was binding on States.
13.Soru
Which of the following is one of the criticisms directed to Nuremberg and Tokyo Tribunals?
The trials were in violation of the principle of nullum poena sine lege (no punishment without law). |
Trials were an imposition of ex post facto law, giving retrospective operation to a crime that was not punishable at the time of its commission. |
The tribunals were constituted by the victorious powers, whose impartiality in delivering the judgments was doubtful. |
Consisting no judges from the victorious States and many from the defeated States was in violation of the principle of nemo judex in causa sua (no one can be a judge in his own case). |
The plea of superior orders has great relevance in the discipline of the armed forces, and it was rejected by the Tribunals without any concrete reason. |
These tribunals consisted MAINLY of judges from the victorious States and NO JUDGES from the defeated States was in violation of the principle of nemo judex in causa sua (no one can be a judge in his own case).
14.Soru
Which of the following is NOT one of the defenses listed in The Draft Articles in Chapter V of Part One, under the heading of “circumstances precluding wrongfulness”?
Self-defense |
Countermeasures |
Force majeure |
Distress |
Cooperation |
International law recognizes certain grounds justifying or excusing non-compliance by a state with its international obligations. These defenses preclude the responsibility of a state for its wrongful conduct. The Draft Articles in Chapter V of Part One enlist these defenses under the heading of “circumstances precluding wrongfulness,” though they are not exclusive. It sets out six circumstances (defenses):
• Consent (Art. 20),
• Self-defense (Art. 21),
• Countermeasures (Art. 22),
• Force majeure (Art. 23), • Distress (Art. 24),
• Necessity (Art. 25).
Cooperation is not among the defenses listed in The Draft Articles.
15.Soru
Which of the following is not a condition in which a person cannot be criminally responsible for his conduct?
If s/he was suffering from a mental disease or defect that destroys that person's capacity to appreciate the unlawfulness or nature of his/her conduct |
If the person is in a state of intoxication that destroys that person's capacity to appreciate the unlawfulness or nature of his/her conduct |
If the person acts reasonably to defend himself or another person, which is essential for the survival of the person or another person |
If the conduct which is alleged to constitute a crime within the jurisdiction of the Court has reasonable basis |
If the conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress |
According to Article 31 of the Statute, person shall not be criminally responsible if, at the time of that person’s conduct)
- If s/he was suffering from a mental disease or defect that destroys that person's capacity to appreciate the unlawfulness or nature of his/her conduct.
- If the conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress,
- If the person acts reasonably to defend himself or another person, which is essential for the survival of the person or another person
- If the person is in a state of intoxication that destroys that person's capacity to appreciate the unlawfulness or nature of his/her conduct
16.Soru
In which court case Albania was held liable for its failure to warn the United Kingdom of the presence of mines in Albanian waters which had been laid by a third state?
Corfu Channel case |
Hostages case |
Gustave Caire v. United Mexican States case |
Prosecutor v. Tadic case |
LaGrand case |
In the Corfu Channel case (ICJ 1949), Albania was held liable for its failure to warn the United Kingdom of the presence of mines in Albanian waters which had been laid by a third state.
17.Soru
Who is the chief exponent of natural rights theory?
Jeremy Bentham |
John Austin |
John Locke |
Eleanor Roosevelt |
Karl Marx |
John Locke is the chief exponent of natural rights theory.
18.Soru
Which one is NOT a legal excuse for breach of international law?
Consent |
Self-defense |
Non-recognition |
Countermeasures |
Distress |
International law recognizes certain grounds
justifying or excusing non-compliance by a state
with its international obligations. These defenses
preclude the responsibility of a state for its
wrongful conduct. The Draft Articles in Chapter V
of Part One enlist these defenses under the heading
of “circumstances precluding wrongfulness,”
though they are not exclusive. It sets out six
circumstances (defenses):
• Consent (Art. 20),
• Self-defense (Art. 21),
• Countermeasures (Art. 22),
• Force majeure (Art. 23),
• Distress (Art. 24),
• Necessity (Art. 25).
19.Soru
When jwas the Vienna Convention on Consular Relations adopted under the auspices of the United Nations?
1963 |
1965 |
1969 |
1971 |
1978 |
In 1963, the Vienna Convention on Consular Relations was adopted under the auspices of the United Nations. In 1969, the UN General Assembly adopted the Convention on Special Missions.
20.Soru
Which of the following statements is a reason to create a small, temporary and efficient structure mechanism for International Criminal Tribunals (MICT)?
To ensure some uniformity in the administration of international criminal justice. |
To carry out a number of essential functions of both ICYT and ICTR after their closure. |
To establish an international permanent criminal court started by the Committee of Jurists. |
To direct the political or military action which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations. |
To aid the courts in interpreting definitions of crimes |
The Security Council created the “Mechanism” as a “small, temporary and efficient structure” to carry out a number of essential functions of both ICYT and ICTR after their closure. It was planned to operate for an initial period of four years and for subsequent periods of two years, unless the Security Council decides otherwise.
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