Aim 2015 - Reasercher's Test

Article 7(1)(h) of the 'Elements of Crime' refers to crimes against humanity of persecution. This means that the article deals with acts that are committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack, and with the intention to discriminate against a particular group or collectivity on political, racial, national, ethnic, cultural, religious, or gender grounds. These acts include but are not limited to, imprisonment, torture, forced displacement, or other severe deprivation of physical liberty in violation of international law.

Crimes Against Humanity is the correct answer because it involves attacks directed against a civilian population. This crime refers to widespread or systematic acts committed as part of a government policy or with knowledge of such policy, targeting civilians during times of peace or war. These acts can include murder, extermination, enslavement, torture, and other inhumane acts, causing great suffering or serious bodily or mental harm to individuals. It is distinct from War Crimes, which are committed during armed conflicts, and Crimes Against Peace, which involve acts that start or prepare for war.

Article 17 of the Rome Statute deals with the 'issues of admissibility'. This article outlines the criteria that must be met for a case to be deemed admissible before the International Criminal Court (ICC). It states that a case is admissible if it falls within the jurisdiction of the court, is not being investigated or prosecuted by another state, and is not being investigated by the ICC solely based on the interests of a state or organization. This article ensures that the ICC focuses on cases that warrant its attention and prevents it from interfering with the jurisdiction of other states or organizations.

The elements necessary to constitute a charge under Article 7(1)(a) are represented by both options (a) and (b). In order to establish a charge, the perpetrator must have killed one or more persons, and this act must have been part of a widespread or systematic attack directed against a civilian population. Additionally, the perpetrator must have known that their conduct was part of or intended to be part of such an attack. Therefore, both elements need to be present for a charge under Article 7(1)(a).

The correct answer, "Nulla poena sine lege," conveys the maxim that a person convicted by the Court may only be punished in accordance with the law. This principle emphasizes that punishment can only be imposed if there is a pre-existing law that defines the offense and prescribes the punishment. It ensures that individuals cannot be punished arbitrarily or without legal basis, promoting fairness and the rule of law.

The Rome Statute entered into force on 1st July, 2002. This means that on this date, the statute became legally binding and effective. It is an international treaty that established the International Criminal Court (ICC) and provides a framework for prosecuting individuals for genocide, crimes against humanity, war crimes, and the crime of aggression. The Rome Statute has been ratified by 123 countries, demonstrating its significance in promoting international justice and accountability for serious crimes.

Thomas Lubanga was tried for the use of child soldiers. This refers to his involvement in recruiting, enlisting, and using children under the age of 15 to participate actively in hostilities during the armed conflict in the Democratic Republic of Congo. The use of child soldiers is considered a serious violation of international humanitarian law and is categorized as a war crime. Lubanga's trial focused on his responsibility for the recruitment and use of child soldiers, ensuring accountability for these actions.

Article 30 of the Rome Statute lays down the standard for mens rea. Mens rea refers to the mental state or intention of a person when committing a crime. This provision establishes that a person can be held criminally responsible if they commit a crime with intent, knowledge, or recklessness. It outlines the different mental states that can be considered when determining culpability and provides guidance for the interpretation and application of these mental states in international criminal law.

Article 86 of the Rome Statute requires States to cooperate with the Court with respect to the investigation and prosecution of crimes within its jurisdiction. This provision emphasizes the importance of cooperation between the Court and States in order to effectively address and prosecute international crimes. It outlines various forms of cooperation, such as the surrender of suspects, providing evidence and assistance in investigations, and facilitating the presence of witnesses. By requiring States to cooperate, Article 86 ensures that the Court has the necessary support and resources to carry out its mandate of delivering justice for the most serious crimes.

The correct answer is Democratic Republic of Congo. This is because Germain Katanga is a national of the Democratic Republic of Congo.

Rule 10 of the Rules of Procedure and Evidence pertains to the 'retention of information and evidence' by the Office of the Prosecutor. This rule outlines the procedures and guidelines for the retention of information and evidence collected during investigations and proceedings. It ensures that the Office of the Prosecutor maintains a comprehensive record of all relevant information and evidence, which is crucial for the fair and effective administration of justice. This rule also emphasizes the importance of protecting the confidentiality and integrity of the retained information and evidence.

Article 67 of the Rome Statute specifies the 'rights of the accused'. This article outlines the procedural safeguards that must be afforded to individuals who are accused of crimes under the jurisdiction of the International Criminal Court (ICC). It includes provisions such as the right to be informed of the charges, the right to a fair and public hearing, the right to legal representation, the right to examine witnesses, and the right to appeal. These rights are crucial to ensuring a fair and impartial trial for the accused and to upholding the principle of due process in international criminal proceedings.

The correct answer is Article 7(1)(b). This provision of the Rome Statute covers the crime of extermination, which includes the act of killing one or more persons with the intention of destroying part of a population.

Rule 64 of the Rules of Procedure and Evidence refers to the relevance and admissibility of evidence before the Court. This rule outlines the criteria that must be met for evidence to be considered admissible and relevant in court proceedings. It provides guidance on the types of evidence that may be presented, the standards for determining admissibility, and the factors that the Court should consider when assessing the relevance of evidence. Rule 64 ensures that only evidence that is directly related to the case and meets certain criteria is allowed to be presented before the Court.

Article 9 of the Rome Statute refers to the UN document entitled 'Elements of Crimes'. This means that Article 9 specifically addresses the content and provisions of the UN document, which serves as a guide for the interpretation and application of the crimes defined in the Rome Statute. It outlines the elements that must be proven in order to establish the commission of each crime, ensuring consistency and clarity in the prosecution and adjudication of these crimes.

At the confirmation of charges hearing before the Pre-Trial Chamber, the person involved has the right to object to the charges, challenge the evidence presented by the Prosecutor, and present their own evidence. This means that they can dispute the charges brought against them, question the validity or reliability of the evidence provided by the Prosecutor, and provide their own evidence to support their case.

Article 69 of the Rome Statute states that the testimony of a witness at trial shall be given in person, except to the extent provided by the measures set forth in article 68 or in the Rules of Procedure and Evidence. This means that generally, witnesses are required to testify in person during a trial. However, there are exceptions to this rule, as outlined in article 68 and the Rules of Procedure and Evidence. These exceptions may allow for alternative methods of testimony, such as video conferencing or written statements, depending on the specific circumstances and the measures deemed necessary by the court.

Common Article 3 of the Geneva Conventions refers to a Non-international Armed Conflict. This article provides minimum protections for individuals who are not taking part in the hostilities during a non-international armed conflict, such as civil wars or internal conflicts. It establishes basic rules for humane treatment, prohibition of violence, and respect for the dignity and rights of individuals who are not actively involved in the conflict. This article is applicable to all parties involved in the conflict, regardless of their official status or recognition.

Article 105 of the Rome Statute pertains to the 'enforcement of the sentence'. This article outlines the procedures and mechanisms for the enforcement of sentences imposed by the International Criminal Court (ICC). It establishes the responsibility of states to cooperate with the ICC in the enforcement of sentences, including the transfer of sentenced persons to serve their sentences in their home countries. It also addresses issues such as the supervision of sentences, the role of the ICC in ensuring compliance, and the potential transfer of sentenced persons to other states for enforcement.

Article 74 of the Rome Statute lays down the requirements for the decision to be taken by the Court. This means that Article 74 provides the guidelines or criteria that the Court must consider when making a decision. However, without further information about the specific requirements outlined in Article 74, it is not possible to provide a more detailed explanation.

The principle of burden of proof beyond reasonable doubt is embodied under Article 66 of the ICC Statute. This article outlines the standard of proof required for the conviction of a person accused of a crime under the jurisdiction of the International Criminal Court. It states that the burden of proof lies with the prosecution, and that the accused is presumed innocent until proven guilty beyond reasonable doubt. Therefore, Article 66 is the correct answer in this case.

The overall control test is used to determine whether participants in a conflict are working on behalf of another state. This test assesses the level of control that one state exercises over the actions of individuals or groups involved in the conflict. If it is found that these participants are acting under the overall control of another state, it suggests that the conflict may involve the intervention or influence of external actors.

not-available-via-ai

not-available-via-ai

Article 13 of the Rome Statute empowers the International Criminal Court to exercise its jurisdiction in respect of a matter referred to the Prosecutor by the Security Council. This provision gives the Security Council the authority to refer cases to the Court, allowing the Court to investigate and prosecute individuals for crimes within its jurisdiction.

Article 29 of the Rome Statute pertains to the 'non-applicability of statute of limitations' with respect to the crimes within the jurisdiction of the Court. This means that there is no time limit for prosecuting and bringing to justice individuals who have committed crimes under the jurisdiction of the International Criminal Court. The article ensures that perpetrators of serious crimes such as genocide, war crimes, and crimes against humanity can be held accountable regardless of the passage of time.

Rule 64 of the Rules of Procedure and Evidence sets forth the rules to be followed with respect to admissibility and relevance of evidence. This rule outlines the criteria that must be met for evidence to be considered admissible, including relevance, reliability, and authenticity. It also provides guidelines for the exclusion of evidence that is deemed irrelevant, unreliable, or unfairly prejudicial. Therefore, Rule 64 is the correct answer as it specifically addresses the admissibility and relevance of evidence.

The principle of double jeopardy is embodied under Article 17 of the ICC Statute, which states that no person shall be tried before the ICC for the same conduct that has already been the subject of a final decision by the ICC. Additionally, Article 20 of the ICC Statute provides further protections against double jeopardy by stating that no person shall be tried by another court for a crime for which they have already been acquitted or convicted by the ICC. Therefore, the correct answer is Article 17 read with Article 20 of the ICC Statute.

Article 27 of the Rome Statute states that individuals who are considered as Head of State or other State officials shall not be granted immunities by the Court. This means that even if someone holds a high position in a government, they cannot claim immunity from prosecution by the International Criminal Court. This provision ensures that individuals who commit crimes under international law cannot escape accountability based on their official status.

Phillippe Kirsch is the correct answer because he was indeed the first President of the ICC (International Criminal Court). He served as the President from 2003 to 2009, playing a crucial role in the establishment and early development of the ICC. During his tenure, Kirsch helped shape the court's structure and procedures, and his leadership was instrumental in establishing the court as a key institution in international criminal justice.

Article 11 of the Rome Statute refers to the temporal jurisdiction of the International Criminal Court. This article states that the Court has jurisdiction over crimes committed after the entry into force of the Statute. It clarifies that the Court does not have retroactive jurisdiction and cannot prosecute crimes that were committed before the Statute came into effect. Therefore, Article 11 is the correct answer as it specifically addresses the temporal jurisdiction of the International Criminal Court.

Article 63 of the Rome Statute requires that the trial must take place in the presence of the accused. This provision ensures that the accused has the right to be present during their trial, allowing them to participate in their defense, confront witnesses, and have a fair and transparent trial. It also upholds the principle of due process and the right to a fair trial, which are fundamental principles of international criminal law.

not-available-via-ai

Article 21 of the Rome Statute deals with the law applicable to the Court. This article outlines the sources of law that the Court must apply, including the Rome Statute itself, international treaties, and general principles of law. It also emphasizes the primacy of the Statute and the principle of legality, stating that no person shall be held criminally responsible for conduct that does not constitute a crime under the Statute. Overall, Article 21 provides the legal framework for the Court's jurisdiction and the application of law in its proceedings.

Article 51 of the Rome Statute refers to the 'Rules of Procedure and Evidence'. This provision outlines the rules and procedures that govern the proceedings of the International Criminal Court (ICC). It establishes the framework for the conduct of investigations, trials, and appeals, ensuring fairness, transparency, and respect for the rights of the accused and victims. The Rules of Procedure and Evidence provide guidance on various aspects, including evidence gathering, presentation, admissibility, and the rights and protections afforded to all parties involved in ICC proceedings.

The correct answer is Both (a) and (c). According to the principle of "nullem crimen sine lege" within the Rome Statute, a person shall not be held criminally responsible unless the conduct in question constitutes a crime within the jurisdiction of the Court at the time it takes place. Additionally, the definition of a crime should be strictly construed and not extended by analogy. In case of ambiguity, the definition should be interpreted in favor of the person being investigated, prosecuted, or convicted. Both of these principles are enunciated within the Rome Statute.

Article 18 of the Rome Statute refers to the preliminary rulings on admissibility of the Court. This article states that before the Court proceeds with a case, it must determine whether the case is admissible. It outlines the criteria for admissibility, such as complementarity and gravity, and allows the Court to make preliminary rulings on these matters. This article ensures that the Court only takes on cases that fall within its jurisdiction and meet the necessary requirements for prosecution.

Article 77 of the Rome Statute refers to applicable penalties in respect of Article 5. This means that Article 77 outlines the specific penalties that can be imposed for crimes that fall under Article 5 of the Rome Statute. It is important to understand the provisions and penalties outlined in Article 77 in order to properly enforce and uphold the principles of the Rome Statute.

Article 78 of the Rome Statute refers to the determination of sentence for the crimes stated therein. This article outlines the factors that the judges must consider when determining the appropriate sentence for a convicted individual. It states that the sentence should be proportionate to the gravity of the crime and takes into account factors such as the individual's culpability, the harm caused by the crime, and any mitigating or aggravating circumstances. The judges have the discretion to impose a term of imprisonment or a fine, or a combination of both, depending on the circumstances of the case.

Article 42 of the International Criminal Court refers to the provision that states the Office of the Prosecutor shall act independently as a separate organ of the court. This means that the prosecutor's office is not influenced or controlled by any other entity within the court and is able to carry out its duties impartially and without interference. This provision ensures the integrity and fairness of the court's proceedings by allowing the prosecutor to make independent decisions regarding investigations and prosecutions.