Publıc Internatıonal Law I

Yanıt Açıklaması: Composition of the ICC 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. Therefore, the correct option is A.

Yanıt Açıklaması: Derogation: Lessening or restriction of the authority, strength, or power of a law, right, or obligation. Specifically in the European Convention on Human Rights, a provision that enables a signatory state to avoid the obligations of some but not all of the substantive provisions of the rest of the Convention (Martin, 2003: 146).

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. Therefore, the correct option is C.

Yanıt Açıklaması: An “act of aggression” has been defined as “the use of armed force by a State against the sovereignty, territorial integrity or political independence of another State, or in any other manner inconsistent with the Charter of the United Nations”.

Yanıt Açıklaması: The principle of complementarity

Yanıt Açıklaması: Resolutions of the General Assembly are sometimes referred to as soft law, since they cannot be classified as full-fledged rules of international law such as international custom, treaties, or general principles of law. However, resolutions meet, to a great extent, the criteria to be termed as law. Soft law refers to guidelines of behavior such as those provided by treaties not yet in force, resolutions of the United Nations, or international conferences, that are not binding in themselves but are more than mere statements of political aspiration (they fall into a legal/political limbo between these two states). Soft law contrasts with hard law, i.e. those legal obligations, found either in treaties or in customary international law that are binding in and of themselves.

Yanıt Açıklaması: The United Nations is obliged to promote “universal respect for and observance of human rights and fundamental freedoms”.

Yanıt Açıklaması: 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. The correct option is A.

Yanıt Açıklaması: The candidate should have an excellent knowledge of and be fluent in at least one of the Court’s working languages (which are English and French). Nominations of candidates for election to the Court may be made by any state party to the Statute. Therefore, the correct option is E.

Yanıt Açıklaması: In the Phosphates in Morocco case(Italy v. France, 1938), the PCIJ affirmed that whena state commits an internationally wrongful act against another state, international responsibilityis established “immediately as between the twoStates” (Judgment, para. 48).

Yanıt Açıklaması: Derogation: Lessening or restriction of the authority, strength, or power of a law, right, or obligation.

Yanıt Açıklaması: After Grotius, scholars of international law came to be classified under one of three schools: 1) Naturalists, such as Samuel von Pufendorf (1632- 1694), who based international law on natural law exclusively; 2) Positivists, such as Cornelius van Bynkershoek (1673-1743), who based it on the consent of States that was evidenced in State practice, and 3) Grotians (followers of Grotius), including Christian Wolff (1679-1754) and Emmerich de Vattel (1714-67), who relied on both natural law and the consent of States as well as reiterated that international law was binding on States.

Yanıt Açıklaması: These tribunals consisted MAINLY of judges from the victorious States and NO JUDGES from the defeated States was in violation of the principle of nemo judex in causa sua (no one can be a judge in his own case).

Yanıt Açıklaması: International law recognizes certain grounds justifying or excusing non-compliance by a state with its international obligations. These defenses preclude the responsibility of a state for its wrongful conduct. The Draft Articles in Chapter V of Part One enlist these defenses under the heading of “circumstances precluding wrongfulness,” though they are not exclusive. It sets out six circumstances (defenses): • Consent (Art. 20), • Self-defense (Art. 21), • Countermeasures (Art. 22), • Force majeure (Art. 23),                                                                                                                                                                                                                                   • Distress (Art. 24), • Necessity (Art. 25). Cooperation is not among the defenses listed in The Draft Articles.

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

Yanıt Açıklaması: In the Corfu Channel case (ICJ 1949), Albania was held liable for its failure to warn the United Kingdom of the presence of mines in Albanian waters which had been laid by a third state.

Yanıt Açıklaması: John Locke is the chief exponent of natural rights theory.

Yanıt Açıklaması: International law recognizes certain grounds justifying or excusing non-compliance by a state with its international obligations. These defenses preclude the responsibility of a state for its wrongful conduct. The Draft Articles in Chapter V of Part One enlist these defenses under the heading of “circumstances precluding wrongfulness,” though they are not exclusive. It sets out six circumstances (defenses): • Consent (Art. 20), • Self-defense (Art. 21), • Countermeasures (Art. 22), • Force majeure (Art. 23), • Distress (Art. 24), • Necessity (Art. 25).

Yanıt Açıklaması: In 1963, the Vienna Convention on Consular Relations was adopted under the auspices of the United Nations. In 1969, the UN General Assembly adopted the Convention on Special Missions.

Yanıt Açıklaması: The Security Council created the “Mechanism” as a “small, temporary and efficient structure” to carry out a number of essential functions of both ICYT and ICTR after their closure. It was planned to operate for an initial period of four years and for subsequent periods of two years, unless the Security Council decides otherwise.