17 July Quiz Criminal Justice

Explanation
A. The Vienna Convention
Wrong: The Vienna Convention is the Convention on Diplomatic Relations adopted by the United Nations Conference on Diplomatic Course and Immunities held at the Neue Hofburg in Vienna (Austria). The Vienna Convention provides a complete framework for the establishment, maintenance and termination of diplomatic relations on a basis of consent between independent sovereign States.

B. The UN Charter
Wrong: The United Nations (UN) Charter is the founding treaty of the United Nations and was signed during the San Francisco Conference, held in the United States. Please note that the International Criminal Court is independent from the United Nations.

C. The Rome Statute
Correct: The treaty establishing the International Criminal Court was adopted in Rome (Italy) and it is known as the Rome Statute of the International Criminal Court.

Explanation
A. 2002
The Rome Statute entered into force on 1 July 2002, which is the date on which the International Criminal Court was officially established.

B. 1945
On 26 June 1945 the Charter of the United Nations, signed in San Francisco (United States), established the International Court of Justice of the United Nations.

C. 1998
On 17 July 1998, 120 States adopted the Rome Statute, but before it could enter into effect, at least 60 States had to ratify or accede to the treaty.

D. 1961
On 14 April 1961 the Vienna Convention was adopted by the United Nations Conference on Diplomatic Course and Immunities held at the Neue Hofburg in Vienna (Austria).

Explanation
A. The Netherlands
Wrong: The Netherlands is the host country of the International Criminal Court – which is based in The Hague. However, the Netherlands was not the first country to ratify the Rome Statute.

B. Côte d’Ivoire
Wrong: Côte d’Ivoire is the country that has most recently ratified the Rome Statute, on 15 February 2013.

C. Senegal
Correct: Senegal was the first country to ratify the Rome Statute, on 2 February 1999.

D. Italy
Wrong: It is true that treaty establishing the International Criminal Court was adopted in Rome, in Italy – this is why this treaty is called Rome Statute. However, Italy was not the first country to ratify the Statute.

Explanation
A. Africa
Correct: Africa currently has 34 States Parties.

B. Latin America and the Caribbean
Wrong: Latin America and the Caribbean currently have 27 States Parties.

C. Asia and the Pacific
Wrong: Asia and the Pacific currently have 18 States Parties.

D. Eastern Europe
Wrong: Eastern Europe currently has 18 States Parties.

E. Western Europe and other States
Wrong: Western European and other States currently have 25 States Parties.

Explanation
A. It established the world’s first and only permanent and independent International Criminal Court
Correct: As set forth in article 1, the Rome Statute established the International Criminal Court as a permanent institution having the power to exercise its jurisdiction over persons for the most serious crimes of international concern. The provisions of the Statute govern the jurisdiction and functioning of the Court.

B. It established an International Criminal Court having jurisdiction on all crimes of international concern
Wrong: According to article 5 of the Rome Statute, the jurisdiction of the Court is “limited to the most serious crimes of concern to the international community as a whole”; namely the crime of genocide, crimes against humanity, war crimes and the crime of aggression.

C. It established the world’s first International Criminal Court replacing national criminal jurisdictions
Wrong: According to article 1 of the Rome Statute, the International Criminal Court “shall be complementary to national criminal jurisdictions”. Hence, the Court is intended to complement, not to replace, national criminal systems and prosecutes cases only when States are unwilling or unable to do so genuinely.

Explanation
A. Founding an independent Trust Fund for Victims
Correct, but check out the other correct answers as well!
As set forth in article 79 of the Rome Statute, a Trust Fund has been established for the benefit of victims of crimes within the jurisdiction of the Court, and of the families of such victims. The Trust Fund for Victims advocates for victims and mobilises individuals, institutions with resources, and the goodwill of those in power for the benefit of victims and their communities. It funds or sets up innovative projects to meet victims’ physical, material or psychological needs.

B. Ensuring the voices of victims are heard in the Courtroom through their lawyers
Correct, but check out the other correct answers as well!
As granted by article 68 (3) of the Rome Statute, victims can present their views and concerns at stages of the proceedings determined to be appropriate by the Court. The victims can also freely choose their legal representatives to have their views and concerns presented before the Court.

C. Providing the appropriate protective measures and security arrangements for victims who appear before the Court
Correct, but check out the other correct answers as well!
Article 68 (1) of the Rome Statute ensures that the Court will take “appropriate measures to protect the safety, physical and psychological well-being, dignity and privacy of victims and witnesses”. Protective measures may, for example, include anonymity for victims participating in proceedings, the use of pseudonyms, the redaction or the prohibition of disclosure of specific documents and the use of audiovisual techniques (such as pixilation or voice distortion) which can disguise the identity of persons appearing before the Court.

Explanation
A. Tiina Intelmann
Wrong: Ms Tiina Intelmann, from Estonia, is the current President of the Assembly of States Parties.

B. Sang-Hyun Song
Wrong: Mr Sang-Hyun Song, from the Republic of Korea, is the current President of the International Criminal Court.

C. Fatou Bensouda
Correct: Ms Fatou Bensouda, from The Gambia, is the current Prosecutor of the International Criminal Court.

D. Herman von Hebel
Wrong: Mr Herman von Hebel, from The Netherlands, is the current Registrar of the International Criminal Court.

Explanation
A. The crime of aggression, terrorism and criminal fraud
Close, but wrong: Article 5 of the Rome Statute on the “Crimes within the jurisdiction of the Court” includes the crime of aggression but does not include terrorism and criminal fraud.

B. The crime of genocide, crimes against humanity, war crimes, the crime of aggression
Correct: Article 5 of the Rome Statute sets out that the Court has jurisdiction in accordance with this Statute with respect to the following crimes:
(a) The crime of genocide;
(b) Crimes against humanity;
(c) War crimes;
(d) The crime of aggression (once the conditions under which the Court can exercise its jurisdiction on this crime have been fulfilled).

C. Corruption, war crimes and genocide
Close, but wrong: Article 5 of the Rome Statute on the “Crimes within the jurisdiction of the Court” includes war crimes and genocide but it does not include corruption.

Explanation
A. Situations are referred by a State Party or by the Security Council of the United Nations, or the Prosecutor initiates investigations on her own initiative
Correct: According to article 13 of the Rome Statute, situations can be referred by a State Party, in accordance with article 14 of the Statute, or by the Security Council of the United Nations, acting under Chapter VII of the Charter of the United Nations. The Prosecutor can also initiate an investigation on her own initiative in accordance with article 15 of the Statute, but in this last instance should receive the authorisation of a Pre-Trial Chamber.

B. Individual citizens file cases and bring situations before the Court
Wrong: While individual citizens can submit communications to the Office of the Prosecutor, which could be considered by the Prosecutor for use as evidence before the ICC, individuals do not bring directly situations or cases before the Court.

C. Situations are referred by the General Assembly of the United Nations
Wrong: According to article 13 of the Rome Statute, the Security Council, acting under Chapter VII of the Charter of the United Nations, is the only body of the United Nations that can refer one or more of the crimes set out in article 5 of the Rome Statute to the Prosecutor. Situations can also be referred by a State Party, in accordance with article 14 of the Statute, or the Prosecutor can initiate an investigation on her own initiative, in accordance with article 15 of the Statute.