Publıc Internatıonal Law I

Yanıt Açıklaması: nullum crimen sine lege (no crime without law), i.e., a person shall not be criminally responsible unless the conduct in question constitutes, at the time it takes place, a crime within the jurisdiction of the Court;

Yanıt Açıklaması: The ICTY has also been criticized, among others, for the following reasons: • The Tribunal manifests the failure of the UN Security Council and the great powers to find a swift and viable solution to the conflict, reflecting the failure of diplomacy and politics. It is alleged to have been created with a specialized political campaign to destabilize the multi-ethnic state of Yugoslavia, with the aim of bringing about ‘régime change’ in Serbia. • The Tribunal has awarded very mild sentences. • Some of the defendants claimed that the Tribunal had no legal authority because it was established by the UN Security Council instead of the UN General Assembly, therefore it had not been created on a broad international basis. The Tribunal was established on the basis of Chapter VII of the United Nations Charter; the relevant portion of which reads “the Security Council can take measures to maintain or restore international peace and security”, whereas the dispute here was internal; in other words, it was ultra vires of the Charter. • 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. • There has also been failure to provide a complete separation of the prosecutorial and judicial work. Therefore, the correct option is C.

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. The correct option is B.

Yanıt Açıklaması: The important aspect in the exercise of jurisdiction by the ICC is that it is complimentary to the national criminal justice systems. The principle of complementarity means that the Court will only prosecute an individual if states are unwilling or unable to prosecute

Yanıt Açıklaması: According to subjective territorial principle, a state has jurisdiction over a crime when it is commenced within the state but completed or consummated abroad.

Yanıt Açıklaması: Article 36 of the Rome Statute outlines the qualifications and procedure of election of the judges of the Court. The ICC consists of 18 judges. The number may be increased on a proposal of the Presidency, indicating the reasons for the increase

Yanıt Açıklaması: The Nuremberg Tribunal imposed death penalty and imprisonment from 10 to 20 years. Out of 22 persons, 12 were given the death sentence, three were given the life imprisonment, four were given imprisonment of various terms, and three were acquitted. The Tokyo Tribunal found all the defendants, except two, guilty of conspiracy to wage a war of aggression. It also awarded death penalty and imprisonment. The legality and propriety of these trials and the judgments were widely criticized on the following grounds: • The trials were in violation of the principle of nullum poena sine lege (no punishment without law). There were no rules of international law declaring such acts as illegal prior to the Second World War, they were not defined or made punishable and were also considered the acts of state. • Trials were an imposition of ex post facto law,  giving retrospective operation to a crime that was not punishable at the time of its commission. • The tribunals were constituted by the victorious powers, whose impartiality in delivering the judgments was doubtful. • Consisting mainly of judges from the victorious States was in violation of the principle of nemo judex in causa sua (no one can be a judge in his own case). • The plea of superior orders has great relevance in the discipline of the armed forces, and it was rejected by the Tribunals without any concrete reason. • One of the arguments of the defendants was that war is waged by states and not by individuals, who are not the subjects of international law. The Nuremberg Tribunal rejected it and pointed out that “international law imposes duties and liabilities upon individuals as well as upon States. Therefore, the correct option is D.

Yanıt Açıklaması: Since the end of the Second World War, international responsibility of individuals in the criminal field has witnessed remarkable development. The Nuremberg and Tokyo trials, the establishment of the International Criminal Tribunals for Yugoslavia (1993) and Rwanda (1994), the Special Court for Sierra Leone (2002), and the establishment of International Criminal Court (2002) have established the responsibility of individuals for their criminal acts

Yanıt Açıklaması: Non-liquet means “it is not clear.” In law, a non liquet is a situation where there is no applicable law. It refers to a situation in which a competent court or tribunal fails to decide the merits of a case for the absence of suitable law, the vagueness or ambiguity of rules, inconsistencies in law, or the injustice of the legal consequences.

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. Accordingly, the individual possesses basic human rights and everyone is inherently entitled to these rights as a human being, independent of whether or not these rights are recognized by the ruler. Therefore, the correct option is A.

Yanıt Açıklaması: The term “human rights,” fulfils two different but consistent functions: (1) the phrase ‘universal human rights’ is used to assert that universal norms of standards are applicable to all human societies. This assertion has its roots in the medieval notions of natural law. (2) The idea of human rights is used to affirm that all individuals, solely by virtue of being humans, have moral rights which no society or state should deny. This idea has its roots in the classical theories of natural rights. Despite these consistent functions, there are different approaches to human rights. These approaches are Natural Law Theory, Positivism, and Marxist, Sociological and Modern Approaches.

Yanıt Açıklaması: United Nations is a global human rights protection mechanism.

Yanıt Açıklaması: Art. 44(b) of the Draft Articles on State Responsibility provides that “the responsibility of a State may not be invoked if: the claim is one to which the rule of exhaustion of local remedies applies and any available and effective local remedy has not been exhausted.” It is an established rule of customary international law that before diplomatic protection is afforded or before recourse may be made to international arbitral or judicial processes, local remedies must be exhausted. The rationale behind the rule may be summarized as follows: To respect the sovereignty of States. The state must be given the first opportunity to exercise jurisdiction on those matters occurring within its own territory; To allow the concerned state the opportunity to afford redress within its own legal system for the alleged wrong; To reduce the number of possible international claims; To better evaluate the facts. Exhausting local remedies rests on considerations of practical convenience as the local courts are better placed to evaluate the facts; To claim denial of justice. There can be no claim on the basis of denial of justice until local remedies have been exhausted.

Yanıt Açıklaması: Unlike the EU, the Council of Europe cannot make binding law, but it does have the power to adopt treaties and agreements and monitor their enforcement. Among the most important of its agreements are: • 1950 European Convention on Human Rights; • 1954 European Cultural Convention; • 1961 European Social Charter; • 1987 European Convention on the Prevention of Torture and Inhuman or Degrading Treatment and Punishment; • 1995 Framework Convention for the Protection of National Minorities; • 1997 Convention on Human Rights and Biomedicine.

Yanıt Açıklaması: Crimes against humanity is defined as inhuman treatment (murder or persecution) on racial or religious grounds during war and in occupied territories..

Yanıt Açıklaması: The chief exponent of this theory was John Locke. Natural rights theory emphasizes the moral worth of the individual. Accordingly, the individual possesses basic human rights and everyone is inherently entitled to these rights as a human being, independent of whether or not these rights are recognized by the ruler. These rights cannot be denied to any person or taken away from a person by the ruler or the society. Any denial by the ruler will constitute a double violation; on the one hand, it constitutes a violation of the rights of the individual and, on the other, it constitutes a violation by the ruler of his duty to protect the individual.

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.

Yanıt Açıklaması: Although human rights have been classified in a number of different manners, it is important to note that international human rights law stresses that human rights are universal, indivisible and interrelated. Therefore, the correct option is A.

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.

Yanıt Açıklaması: War crimes, i.e., crimes under the laws o war, which included violation of customary and conventional rules and regulations relating to warfare