ULUSLARARASI KAMU HUKUKU I - Deneme Sınavı - 12

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;

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.

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

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”.

Article 8bis defines the crime of aggression as “the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations”.

The reciprocity theory

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

Exemption from the social security legislation
as an employer.

Internal rules of the organization

acta jure imperii

In the nature of jus dispositivum

Prescriptive principle

If criminal proceedings are instituted against a consular officer, he does not need to appear before the competent authorities.

The local forum is more efficient than others

Head of the government to conduct State affairs.

Treaties (conventions) constitute the most important source of modern international law. Addressing the needs of modern international society and keeping pace with the changes in international relations make it imperative to develop international rules.

This can be accomplished only through concluding treaties among nation States and not by the slow process of creating customary law.

Irrespective of the form or terminology of a particular instrument, an agreement should have the following characteristics to be considered as a treaty: it should be embodied in a written instrument between two or more entities; those entities should be endowed with international personality; and it should be governed by international law. Therefore, the correct option is E.

Interpretation is important to ascertain the true meaning of the text of a treaty.

There are three main approaches to treaty interpretation:

• Textual (ordinary meaning of the words)

• The intention of the parties

• Teleological (the object and purpose of the treaty).

The Montevideo Convention provides that the state as a person of international law should possess the following qualifications: (a) permanent population; (b) defined territory: (c) a government; and (d) capacity to enter into relations with other State.