Chapter 13 Multiple choice questions

. What is the context required for a person to be liable for a grave breach?

Generalised armed violence within a state

Prior pronouncement by an international court or the UN Security Council

The existence of an international armed conflict as defined under common Article 2 of the 1949 Geneva Conventions

An internal armed conflict

. What are the key elements of crimes against humanity?

Widespread crimes against civilians

A widespread or systematic attack against a civilian population with intention

A systematic and well planned attack against non-combatants

An attack with intention to destroy a civilian population

. What are the key elements of genocide?

The widespread killing of a civilian population

The destruction of a group on racial and religious grounds

The killing of members of a group in their totality

Actions intended to destroy a group in whole or in part on the basis of the characteristics of the group

. What is the meaning of international criminal liability?

Liability prescribed under customary international law

Personal liability prescribed by a primary source of international law that is criminal in nature

Criminal liability imposed by a bilateral or multilateral treaty.

Liability imposed by the law of state responsibility on both natural persons as well as state entities.

. What is joint criminal enterprise?

Criminal liability for all willing members of a criminal organisation irrespective of their role within the group and the actual crimes committed by each member thereto

Criminal liability based on the particular role of each member of a criminal group

Criminal liability for members of a group based on the particular allocation of roles

Criminal liability for those members of a group on the basis of the assistance provided to the principal

. What are hybrid international criminal tribunals?

Criminal tribunals set up by the UN or the international community and operating independent of the territorial state

Criminal tribunals operating under international law and international crimes

Criminal tribunals involving cooperation between the UN and the territorial state and whose composition is mixed

Criminal tribunals established by the UN Security Council.

. What is the jurisdiction of the International Criminal Court?

ICC jurisdiction is based on referrals by states parties only.

ICC jurisdiction is based on referrals by the UN Security Council, member states and the ICC Prosecutor in certain cases

ICC jurisdiction is based on referrals by the UN Security Council and states parties

The jurisdiction of the ICC is triggered by the referral of states parties after consulting the UN Security Council.

. What is complementarity in the ICC Statute?

Jurisdiction of member states is primary over that of the ICC

Jurisdiction of member states complements that of the ICC

Jurisdiction of member states is secondary to the primary jurisdiction of the ICC

States must consult with the ICC before submitting a referral to ensure they complement each other

. How is co-perpetratorship different from joint criminal enterprise?

Co-perpetrators are only liable for the acts of their superiors

Co-perpetrators are only liable for offences over which they have sufficient control

Co-perpetrators are liable in conjunction with other perpetrators within the group

Co-perpetratorship is merely an extension and refinement of joint criminal liability

. Is international criminal law enforced by the UN Security Council?

No, the Council is only mandated to maintain international peace and security

Yes, but only through peace keeping missions

The Security Council has extensive powers to enforce international criminal law

The Council's mandate is only limited to genocide

Chapter 13 Multiple choice questions

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