Publıc Internatıonal Law I

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 .

Yanıt Açıklaması: In November 1994, the Security Council, acting under Chapter VII of the UN Charter, established the International Criminal Tribunal for Rwanda

Yanıt Açıklaması: The principle of complementarity means that the Court will only prosecute an individual if states are unwilling or unable to prosecute.

Yanıt Açıklaması: agrément: The formal diplomatic notification by a state that the diplomatic agent selected to be sent to it by another state has been accepted, i.e. is persona grata and can consequently become accredited to it. The agrément is the reply to a query by the sending state, which precedes the sent diplomat’s formal nomination and accreditation

Yanıt Açıklaması: Express recognition may be granted by the conclusion of a bilateral treaty or agreement. A state may convey its decision of recognition to the new entity or government through a formal announcement, which may take the form of public statement or notification or diplomatic note or a personal message sent to the new entity. IMPLIED recognition may be inferred from the conduct of the parties involved. The correct answer is C.

Yanıt Açıklaması: Conduct attributable to the state may consist of actions or omissions. For a particular conduct to be characterized as an internationally wrongful act, it must first be attributable to the state to create its responsibility either generally or specifically in certain circumstances. In order for an act of the state to be attributable, it must involve some action or omission by its actor or actors. Then the question remains as to which persons should be considered as acting on behalf of the state. The official position of a person is immaterial to creating responsibility for the state.

Yanıt Açıklaması: Alarmed at the scale of violations of international humanitarian law and to ensure that these atrocities against civilians are halted and effectively redressed, in May 1993 the Security Council, acting under Chapter VII of the Charter, established the first International Criminal Tribunal for the Former Yugoslavia (ICTY).

Yanıt Açıklaması: The territorial principle, that determines jurisdiction by reference to the place where the offence is committed.

Yanıt Açıklaması: Human rights were for the first time conceptualized in the United Nations Charter and subsequently found their content in the Universal Declaration of Human Rights of 10 December 1948.

Yanıt Açıklaması: Juristic person or artificial person defined as 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.

Yanıt Açıklaması: The sociological approach identifies the empirical components of a human rights system in the context of the social process.

Yanıt Açıklaması: The European Court of Human Rights was set up at Strasbourg on 21 January 1959. The number of judges of the Court is equal to that of the members of the Council of Europe. The Court’s formation should be reflective of the contracting parties’ different legal systems. To consider a case, the Court sits in single-judge formation, in committees (consisting of three judges), chambers of seven judges, and Grand Chamber of seventeen judges. Therefore, the correct option is A.

Yanıt Açıklaması: Internal rules of the organization

Yanıt Açıklaması: The concept of human rights dates back to antiquity. One can find reference to rights in many national documents. The first reference of personal liberties is found in the Magna Carta of 1215 in England. Other notable references prior to the 19th century are the 1776 Virginia Declaration of Rights and the 1789 French Declaration of the Rights of Man and of the Citizen. The institutionalization of human rights in national documents penetrated into the international system at the end of the 18th century.

Yanıt Açıklaması: Non-retroactivity ratione personae, i.e., no person shall be criminally responsible under the Statute for conduct prior to the entry into force of the Statute.

Yanıt Açıklaması: The natural law theory led to the natural rights theory, which is most closely associated with the modern concept of human rights. The chief exponent of this theory was John Locke. Natural rights theory emphasizes the moral worth of the individual.

Yanıt Açıklaması: Waiver from jurisdictional immunity includes waiver against the execution of the judgment of the court.

Yanıt Açıklaması: Under de facto recognition, in the opinion of the recognizing state, the new state or government: (i) lacks stability and permanency, or (ii) does not possess all the essentials required under international law for its effective participation in international affairs, but, in fact, it fulfils these requirements. It may grant recognition to the latter provisionally with all due reservations for the future. In case of de jure recognition, in the opinion of the recognizing state, the new state or government fulfils all the attributes essential for its effective participation in the international community, and it may grant the recognition to the latter formally. However both, de facto and de jure recognition, are related to the fact that the recognized authority should have effective control over a given area and it should have the semblance of permanence and stability. Distinction between the two can be described as a de jure government is one “which ought to possess the powers of sovereignty, though at the time it may be deprived of them. A de facto government is one which is really in possession of them although the possession may be wrongful or precarious”

Yanıt Açıklaması: Breach of an international obligation, prima facie (at first sight), gives rise to state responsibility. However, before a state is held responsible, a number of other issues also arise such as causation (fault), injury, damage, and the time of its occurrence (for the purposes of non-retrospectivity).

Yanıt Açıklaması: In criminal matters also, the “substantial connection” between the alleged offender or the offence with the state exercising jurisdiction is necessary. The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction. First, the territorial principle, that determines jurisdiction by reference to the place where the offence is committed. Second, 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. Third, the protective principle that refers to jurisdiction according to the national interest of the state injured by the offence. Fourth, the universality principle that provides jurisdiction by reference to the nature of the crime.