Publıc Internatıonal Law I

Yanıt Açıklaması: International organizations such as the United Nations, the International Atomic Energy Agency, and the International Monetary Fund also enjoy certain measure of privileges and immunities from the jurisdiction of the territorial state.

Yanıt Açıklaması: The universality principle that provides jurisdiction by reference to the nature of the crime.

Yanıt Açıklaması: mens rea: the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused.

Yanıt Açıklaması: Restitution involves the re-establishment of the situation, as far as possible, which had existed prior to the commission of the internationally wrongful act. The PCIJ in the Chorzow Factory case confirmed the primacy of restitution

Yanıt Açıklaması: The representative character theory, which considers the diplomatic mission as personifying the sending state and the diplomat as representative of the foreign sovereign.

Yanıt Açıklaması: Mens rea: the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused. Therefore, the correct option is E.

Yanıt Açıklaması: A sovereign can define the scope of liberties of its subjects.

Yanıt Açıklaması: The first generation consists of civil and political rights, mainly based on natural rights philosophy of the eighteenth century thinkers such as Locke and Rousseau. The second generation consists of economic, social and cultural rights, which were propagated and recognized after the advent of socialism in the twentieth century. Therefore, the correct option is D.

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,? Which makes it materially impossible in the circumstances to perform the obligation.

Yanıt Açıklaması: In the Chorzow Factory case, the Permanent Court of International Justice had spelled out this linkage between the breach and reparation as follows: “It is a principle of international law that the breach of an engagement involves an obligation to make reparation in an adequate form. Reparation therefore is the indispensable complement of a failure to apply a convention and there is no necessity for this to be stated in the convention itself” (1927 PCIJ, p. 21).

Yanıt Açıklaması: Other immunities that a diplomatic agent enjoys are as follows: • Right to travel freely in the territory of the receiving state, subject to the condition that he cannot go to the prohibited area that is important for the national security of the receiving state (Art. 26); • Freedom of communication for official purpose (Art. 27); • Exemption from social security provisions in force in the receiving state, except in case of servants for whom he must comply with the social security legislation as an employer (Art. 33); • Immunity from local and military obligations (Art. 35).

Yanıt Açıklaması: The Human Rights Council is a subsidiary organ of the General Assembly. Unlike the CHR, which was a subsidiary body of the ECOSOC and reporting to the ECOSOC, the Human Rights Council reports to the General Assembly. “The Council is made of 47 Member States, which are elected by the members of the General Assembly of the United Nations through direct and secret ballot. Members of the Council serve for a period of three years and are not eligible for immediate re-election after serving two consecutive terms. The Council’s Membership is based on equitable geographical distribution. Seats are distributed as follows: • African States: 13 seats • Asia-Pacific States: 13 seats • Latin American and Caribbean States: 8 seats • Western European and other States: 7 seats • Eastern European States: 6 seats” (www.ohchr.org).

Yanıt Açıklaması: actus reus (guilty act): action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused.

Yanıt Açıklaması: The UN Charter, which has played the catalyst role in the human rights movement, does not give a definition of fundamental freedoms and human rights, nor does it provide any machinery to secure their observance. This task has been fulfilled by the subsequent United Nations instruments. The First critical instrument was 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 UN Charter, which has played the catalyst role in the human rights movement, does not give a definition of fundamental freedoms and human rights, nor does it provide any machinery to secure their observance. This task has been fulfilled by the subsequent United Nations instruments. The First critical instrument was 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: Several principles are quoted as the basis of jurisdictional immunity: a. Par in parem non habet imperium, i.e., an equal has no authority over an equal. b. The principle of non-intervention, i.e., the matters related to the acts, policy and transactions of a foreign state should not stand to scrutiny by the territorial state, lest it would amount to intervention in the internal matters of another state. c. Rule of comity or reciprocity, i.e., the accepted rules of mutual conduct as between states, which each state adopts in relation to other states and expects other states to adopt in relation to itself. It may otherwise be considered as an unfriendly act. d. Implied grant of license to a foreign sovereign or state to visit or function within its territory signifies immunity and imposes an implied obligation on the territorial state not to derogate from such a grant. Immunity also rests on the functional As a result, all of the statements are correct. The correct options is E.

Yanıt Açıklaması: The attempts to establish an international permanent criminal court started by the Committee of Jurists in 1920 to try crimes against international public order and the universal law of nations. The League of Nations drafted a Convention for the Creation of an International Criminal Court in 1937 (along with the Convention on the Prevention and Punishment of Terrorism), consisting of five judges and five deputies to be elected by the Permanent Court of International Justice. Therefore, the correct option is A.

Yanıt Açıklaması: The Human Rights Council is a subsidiary organ of the General Assembly.  Unlike the CHR, which was a subsidiary body of the ECOSOC and reporting to the ECOSOC, the Human Rights Council reports to the General Assembly. The Council is made of 47 Member States, which are elected by the members of the General Assembly of the United Nations through direct and secret ballot. Members of the Council serve for a period of three years and are not eligible for immediate re-election after serving two consecutive terms. The Council’s Membership is based on equitable geographical distribution. Seats are distributed as follows: • African States: 13 seats • Asia-Pacific States: 13 seats • Latin American and Caribbean States: 8 seats • Western European and other States: 7 seats • Eastern European States: 6 seats Therefore, the correct option is B.

Yanıt Açıklaması: Mens rea; Mens rea is the mental element, i.e. a person’s awareness of the fact that his or her conduct is criminal.

Yanıt Açıklaması: Alien is defined as a person who, under the law of a particular state, is not a citizen of that state.