Publıc Internatıonal Law I

Yanıt Açıklaması: Force majeure as a defense is available only where the following three elements are met: • the act in question must be brought about by an irresistible force or by an unforeseen event, • which is beyond the control of the State concerned, and • which makes it materially impossible in the circumstances to perform the obligation

Yanıt Açıklaması: The Universal Declaration of Human Rights, adopted by the General Assembly on December 10, 1948 . It defined expressly certain human rights and fundamental freedoms that need to be protected.

Yanıt Açıklaması: The Draft deals only with the responsibility of states for conduct that is internationally wrongful. It does not deal with the obligations of states arising out of acts that are not prohibited and that may have been expressly permitted under international law (such as compensation for property duly taken for a public purpose). The Draft also does not deal with the responsibility of international organizations or of other non-state entities, including individuals.

Yanıt Açıklaması: “There is a breach of an international obligation by a state when an act of that state is not in conformity with what is required by that obligation, regardless of its origin or character” ( Article 12 , Draft Articles).

Yanıt Açıklaması: Among the human rights agreements, the most important are the two Covenants adopted by the General Assembly in 196. a) the International Covenant on Civil and Political Rights and its two Optional Protocols, and b) the International Covenant on Economic, Social and Cultural Rights. These two Covenants, Optional Protocols to the Covenant on Civil and Political Rights, and the Universal Declaration on Human Rights together form the International Bill of Rights.

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. Therefore, the correct option is D.

Yanıt Açıklaması: Jurisdiction ratione temporis (temporal jurisdiction) refers to the jurisdiction of a court of law over a proposed action in relation to the passage of time (USLegal.com).

Yanıt Açıklaması: As for the criminal responsibility of States under international law, it has not been clearly established or accepted, even though the act is criminal in nature such as genocide or war crimes.

Yanıt Açıklaması: Countermeasures shall not affect, that is, cannot suspend: • the obligation to refrain from the threat or use of force as embodied in the Charter of the United Nations, • obligations for the protection of fundamental human rights, • obligations of a humanitarian character prohibiting reprisals, • other obligations under peremptory norms of general international law Therefore, the correct option is B.

Yanıt Açıklaması: The heads of the Organization of African Unity  adopted the African Charter on Human Rights (also known as the Banjul Charter) on 17 June 1981. The Charter came into effect on 21 October 1986. As of 2016, all the 54 member states of the African Union have ratified the Charter. This is the first human rights document that has emphasized the peoples’ rights (Arts. 19- 24), i.e., the “third generation” rights, viz., right to self-determination, right to development, the right to freely dispose of their wealth and natural resources etc.

Yanıt Açıklaması: The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction. The protective principle refers to jurisdiction according to the national interest of the state injured by the offence.

Yanıt Açıklaması: Extradition: The surrender by one state to another of a person accused of committing an offence in the latter. Therefore, the correct option is E.

Yanıt Açıklaması: Under this theory, rules of international law are merely rules of positive morality. According to positivists, the individual has no status in international law. Therefore, the correct option is B.

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. Therefore, the correct option is E.

Yanıt Açıklaması: As a rule, every state exercises exclusive jurisdiction within its own territory. However, International law does not put any limitation on the state’s power to exercise jurisdiction beyond its territorial limits. When a state exercises its jurisdiction beyond its territory, it is called extraterritorial jurisdiction.

Yanıt Açıklaması: The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction; territorial principle, nationality principle, protective principle, universality principle

Yanıt Açıklaması: Ex aequo et bono means what is just and fair or according to equity and good conscience.

Yanıt Açıklaması: The ICC consists of 18 judges. The number may be increased on a proposal of the Presidency, indicating the reasons for the increase. The judges shall be elected by secret ballot at a meeting of the Assembly of States Parties. Judges shall hold office for a term of nine years and shall not be eligible for re-election.

Yanıt Açıklaması: The Charter of Nuremberg and Tokyo tribunals had four counts of offenses: • Crimes against peace , i.e., beginning a war of aggression by planning, preparation or initiation, or in violation of treaties, such as the Hague Conventions of 1899, 1907, the Treaty of Versailles, violation of Mutual Non-aggression Pact by Germany with France, Belgium and Poland, and the 1928 Kellogg-Briand Pact. • War crimes , i.e., crimes under the laws of war, which included violation of customary and conventional rules and regulations relating to warfare. • Crimes against humanity , i.e., inhuman treatment (murder or persecution) on racial or religious grounds during war and in occupied territories. • Conspiracy to commit these crimes

Yanıt Açıklaması: Irrespective of the form or terminology of a particular instrument, an agreement should have the following characteristics to be considered as a treaty: • it should be embodied in a written instrument between two or more entities; • those entities should be endowed with international personality; and • it should be governed by international law.