Publıc Internatıonal Law I

Yanıt Açıklaması: After the Second World War, revolutionary changes came in this area. The Allied powers set up two International Military Tribunals (Nuremberg Tribunal in 1945 and Tokyo Tribunal in 1946) to try the criminals who committed war crimes, crimes against humanity, crimes against peace, and conspiracy to commit these crimes.

Yanıt Açıklaması: The nationality principle, which determines jurisdiction by reference to the nationality either of the persons committing the offence even with respect to events occurring entirely abroad or with reference to the nationality of the person injured by the offence

Yanıt Açıklaması: Ne bis in idem: The old Roman law principle, retained in European law, stating the right not to be prosecuted or tried twice for the same criminal conduct.

Yanıt Açıklaması: The promotion and protection of human rights and fundamental freedoms without any distinction

Yanıt Açıklaması: Class C mandates were the least-developed. Because of their sparse population or small size, or remoteness from the centers of civilization, or their geographical continuity to the territory of the Mandatory, they were administered under the laws of the Mandatory as integral portions of its territory. The territories concerned were: Nauru (Mandatory powers were Great Britain, Australia, and New Zealand), New Guinea (Mandatory—Australia), Western Samoa (Mandatory—New Zealand), Pacific Islands north of the Equator (Mandatory— Japan), South-West Africa (Mandatory—South Africa).

Yanıt Açıklaması: The conclusion of numerous other treaties have made the following acts international crimes: aircraft hijacking, unlawful acts against the safety of civil aviation, trafficking in women and children, trafficking in narcotic drugs, counterfeiting of currency, kidnapping of diplomats and taking of hostages. The most recent addition to this list of international crimes is international terrorism. The absence of any judicial tribunal to try the perpetrators of these crimes left the matter to the states concerned to prosecute and punish them. As a result, there is no uniformity in the substantive and procedural rules in this regard.

Yanıt Açıklaması: A diplomatic agent is exempt from all dues and taxes. The agent, however, is liable to pay: i. Indirect taxes, such as sales tax or service charges; ii. Dues and taxes on private immovable property situated in the territory of the receiving state such as house tax; iii. Estate, succession or inheritance duty, levied by the receiving state; iv. Tax on income having its source in private investments in commercial undertaking in the receiving state; v. Charges levied for specific services rendered such as road tax; vi. Registration, court or record fees, mortgage dues, and stamp duty with respect to immovable property (Art. 34).

Yanıt Açıklaması: According to Article 31 of the Statute, person shall not be criminally responsible if, at the time of that person’s conduct): • he/she was suffering from a mental disease or defect that destroys that person’s capacity to appreciate the unlawfulness or nature of his or her conduct; • the person is in a state of intoxication that destroys that person’s capacity to appreciate the unlawfulness or nature of his or her conduct; • the person acts reasonably to defend himself or herself or another person or, in the case of war crimes, property which is essential for the survival of the person or another person; • the conduct which is alleged to constitute a crime within the jurisdiction of the Court has been caused by duress.

Yanıt Açıklaması: Article 48 the Vienna Convention considers error or mistake a reason to invalidate a treaty. The state practice, however, is scanty in this regard. All the recorded instances in which errors were alleged to have invalidated certain treaties were related to geographical errors, and mostly errors in maps. Both the ICJ and the PCIJ have had the occasion to consider the pleas of error, which were rejected. This is evident in the Temple of Preah Vihear case (Cambodia v. Thailand, 1962) and the Mavrommatis case (Greece v. United Kingdom, 1924). The correct answer is D.

Yanıt Açıklaması: Judges shall hold office for a term of nine years and shall not be eligible for re-election. Therefore, the correct option is C.

Yanıt Açıklaması: At the regional level, the following human rights conventions have been adopted by the United Nations: • the European Convention on Human Rights, 1950, • the European Social Charter, 1961, • the American Convention on Human Rights, 1969, • the African Charter on Human Rights and Peoples’ Rights, 1981, • the Revised Arab Charter on Human Rights, 2004. The four Geneva Conventions, 1949; two additional Protocols to these Conventions, 1977; and the Final Act of the Conference on Security and Cooperation in Europe, 1975 (the Helsinki Accords) also contain important provisions on human rights. The Asian Charter on Human Rights and Peoples’ Rights is not among the conventions listed.

Yanıt Açıklaması: Juristic person (artificial person). An entity, such as a corporation, that is recognized as having legal personality, i.e. it is capable of enjoying and being subject to legal rights and duties. It is contrasted with a human being, who is referred to as a natural person.

Yanıt Açıklaması: Under customary international law, diplomatic missions have three functions to perform: • to protect the interests of the sending state and its nationals, • to negotiate with the government of the receiving state, and • to report about the conditions of the receiving state

Yanıt Açıklaması: Under positivist theory, rules of international law are merely rules of positive morality. According to positivists, the individual has no status in international law.

Yanıt Açıklaması: In the 1970s, a “third generation” rights emerged with the predominant support of the developing countries. In contrast to the individual’s rights (i.e., the first two generations rights), these are collective or group rights such as the right to development, right to healthy human environment, right to peace, and right to self-determination.

Yanıt Açıklaması: The ICTY has also been criticized, among others, for the following reasons: The Tribunal manifests the failure of the UN Security Council The Tribunal has awarded very mild sentences The Tribunal has been claimed to be antidemocratic and in violation of national sovereignty and formed part of coercive order created by the Security Council.

Yanıt Açıklaması: The typical legal subject of international law is the state. Ordinarily, international law deals with the rights and duties of states and its rules bind the states. Other entities may also be considered as the subjects of international law to the extent they can enter into legal relations and exercise certain rights on the international plane.

Yanıt Açıklaması: Non-self-governing territories - colonies, protectorates, trusteeship and mandate territories. Capacity to conduct international relations is significant in deciding the international personality of an entity. "Independent territories" is not one of them.

Yanıt Açıklaması: 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.

Yanıt Açıklaması: Diplomatic protection is the procedure employed by the State of nationality of the injured person to secure protection of that person, and to obtain reparation for the internationally wrongful act inflicted. Such protection extends to both natural and legal persons