ULUSLARARASI KAMU HUKUKU I - Deneme Sınavı - 14

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. Therefore, the correct option is B.

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.

Individuals or groups of individuals or NGOs could also petition before the Commission directly, provided the state against which the complaint was made, had accepted the jurisdiction of the Commission in this regard. This right of the petitioners was subject to the rule of exhaustion of local remedies available in their own country. Therefore, the correct option is E.

In limine means “at the threshold,” referring to a motion made before a trial begins. Therefore, the correct option is B.

Estoppel: A rule of evidence or a rule of law that prevents a person from denying the truth of a statement he has made or from denying facts that he has alleged to exist. The correct answer is B.

The state practice discloses four general principles on the basis of which states generally claim criminal jurisdiction; territorial principle, nationality principle, protective principle, universality principle

the protective principle that refers to jurisdiction according to the national interest of the state injured by the offence.

The objective territorial principle applies in reverse order, i.e., when a crime commenced in another state but was completed or consummated within its territory.

extradition. The surrender by one state to another of a person accused of committing an offence in the latter (Martin, 2003: 194).

States generally exercise jurisdiction over certain offences regardless of the nationality of the offender or the place of commission of crime. These offences are considered to be against international public policy (jus cogens) and they are treated as delicts jure gentium. Any state may arrest persons committing these crimes, try and punish them under its domestic law. Examples of such crimes are piracy, war crimes, and slave trade

Under international law, certain degree of exemption and immunity from local jurisdiction is enjoyed by the following:
• Foreign sovereigns and foreign states,
• Foreign public ships,
• Foreign armed forces,
• International organizations,
• Diplomatic representatives and consuls of foreign states.

waiver: 1. The act of abandoning or refraining from asserting a legal right. 2. The instrument that declares the act of waiving (Martin, 2003: 532).

NOT: Soruyu hazırlayan öğretim üyesi tarafından bu soruda "doğru" cevabın şıklar arasına dahil edilmemiş olduğu görülmektedir. Doğru cevap I-II-III numaralı şıklarda belirtilen tüm örgütleri kapsamalıydı. BM'nin ayrıcalık/dokunulmazlık (immunity) hakkı yanında, BM uzman kuruluşlarının da (specialized agencies) belirli ayrıcalık ve dokunulmazlıkları bulunmaktadır. Bu husus, BM Genel Kurulu tarafından kabul edilen "Convention on the Privileges and Immunities of the Specialized Agencies" Konvansiyonu'nda yer almakta ve sorudaki ilgili iki uzman kuruluş Article 1/paragraph e ve g'de açıkça sayılmaktadır. Bu Konvansiyon'dan ders kitabının 129. sayfasında bahsedilmektedir. Dolayısıyla bu sorudaki doğru cevap, her üç kurumu da kapsamalıydı. Bu nedenle, ilgili soru iptal edilmelidir.

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

Other immunities that a diplomatic agent enjoys are as follows:
• Right to travel freely in the territory of the receiving state, subject to the condition that he cannot go to the prohibited area that is important for the national security of the receiving state (Art. 26);
• Freedom of communication for official purpose (Art. 27);
• Exemption from social security provisions in force in the receiving state, except in case of servants for whom he must comply with the social security legislation as an employer
(Art. 33);
• Immunity from local and military obligations (Art. 35).

actus reus (guilty act): action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused. Therefore, the correct option is B

mens rea: the intention or knowledge of wrongdoing that constitutes part of a crime, as opposed to the action or conduct of the accused. Therefore, the correct option is A.

The end of the Second World War heralded the constitution of international military tribunals to try war-related crimes. With the end of the Cold War in the early 1990s, the world also witnessed the establishment of international criminal tribunals that would deal with crimes resulted mainly from internal armed conflicts. Therefore, the correct option is B.

When a state exercises its jurisdiction beyond its territory, it is called extraterritorial jurisdiction.

At the Nuremberg Tribunal, 22 leaders of the Third Reich were tried. The Tokyo trials were conducted against 28 persons. The Charter of these tribunals had four counts of offences:
• Crimes against peace, i.e., beginning a war of aggression by planning, preparation or initiation, or in violation of treaties, such as the Hague Conventions of 1899, 1907, the Treaty of Versailles, violation of Mutual Non-aggression Pact by Germany with France, Belgium and Poland, and the 1928 Kellogg-Briand Pact.
• War crimes, i.e., crimes under the laws of war, which included violation of customary and conventional rules and regulations relating to warfare.
• Crimes against humanity, i.e., inhuman treatment (murder or persecution) on racial or religious grounds during war and in occupied territories.
• Conspiracy to commit these crimes. 

Therefore, the correct option is C.