ULUSLARARASI KAMU HUKUKU I - Deneme Sınavı - 6

Distress operates to excuse the wrongfulness of an act if the author of the act had “no other reasonable way, in a situation of distress, of saving the author’s life or the lives of other persons entrusted to the author’s care”. The wrongfulness of the conduct is precluded in circumstances where the state agent had no other reasonable way of saving life. Thus, defense is limited to cases where human life is at stake. Therefore, the correct option is D.

Actus reus refers to the action or conduct which is a constituent element of a crime, as opposed to the mental state of the accused.

Extraordinary Chambers in the Courts of Cambodia investigated the crimes of the Red Khmer era.

The panel of judges consisted of representatives from the Soviet Union, the United States, the United Kingdom, and France.

The Charter of these tribunals had four counts

  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

  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.

In November 1994, the Security Council, acting under Chapter VII of the UN Charter, established the International Criminal Tribunal for Rwanda

The Cold War conditions made the establishment of an international criminal court politically unrealistic.

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” (Art. 8bis (2))

According to Article 31 of the Statute, person shall not be criminally responsible if, at the time of that person’s conduct)

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.

In September 2006, the General Assembly also adopted a “Global Counter-Terrorism Strategy.” The Strategy holds a special significance, because it is for the first time that all members of the United Nations had agreed to a common strategic and operational framework to fight terrorism.

1945

After the Second World War, revolutionary changes came in this area. The Allied powers set up two International Military Tribunals (Nuremberg Tribunal in 1945 and Tokyo Tribunal in 1946) to try the criminals who committed war crimes, crimes against humanity, crimes against peace, and conspiracy to commit these crimes.

I.  Aircraft hijacking

II. Unlawful acts against the safety of civil aviation

III. Trafficking in women and children

IV.  ID fraught

Mens rea;

Mens rea is the mental element, i.e. a person’s awareness of the fact that his or her conduct is criminal.

1998

Code of Crimes against the Peace and Security of Mankind

Death penalty and imprisonment were imposed in both tribunals and few were acquitted.

The ICC consists of 18 judges.

I.   The Presidency
II.  An Appeals Division, a Trial Division, and a Pre-Trial Division
III. The Office of the Prosecutor

The principle of complementarity