ULUSLARARASI KAMU HUKUKU II - Deneme Sınavı - 8

Geneva Law includes the four Geneva Conventions
of 1949 and their three Additional Protocols. Namely,
the Geneva Convention (I) on Wounded and Sick on
Land; the Geneva Convention (II) on Wounded, Sick
and Shipwrecked at Sea; the Geneva Convention (III)
on Prisoners of War, the Geneva Convention (IV) on
Protection of Civilians

The degree to which IHL treaties reflect customary law
is controversial (Aust, 2010: 237). The original Hague Law
and much of Geneva Law are now regarded as reflecting
customary law (ICJ, 2004: para. 89). For instance, in
its Judgment of 30.9-1.10.1946 the Nuremberg Tribunal
considered the 1907 Hague Convention V or ICJ considered
the Common Article 3 of the 1949 Geneva Conventions
as customary rules (ICJ, 1986: 114-5). The importance of
customary law can be seen in the Martens clause.

Ottoman Empire became a party to the 1864
Geneva Convention on 5 July 1865, and it
ratified the 1899 Conventions on 12 June 1907
(Tütüncü, 2012: 6).

Scope of IHL refers to the strategic situations
in which rules of IHL may become applicable. In
terms of IHL, strategic situations can be divided
into five categories as peace, armed conflict,
neutrality, occupation, and collective security
(peace support) operations.

Armed conflicts are international or noninternational strategic situations, in which, at least
one side of a conflict uses armed force to achieve its
political goals.

insurgency can be defined as the military operations of non-State armed
groups.

According to the Covenant of League of Nations, there were three elements of international disputes:

Correct option is C.

e 1899 and 1907 Hague Conventions for the Pacific Settlement of International Disputes are the initial instruments for dispute resolution. And the first one was created in 1899. The correct option is B.

The General Assembly of the LN adopted the Geneva Protocol for the Pacific Settlement of International Disputes in 1924. e aim of the Protocol was to bring an obligatory judicial or arbitral settlement mechanism for States. However, the Protocol failed, and thus, States agreed on another instrument called the General Treaty for Renunciation of War as an instrument of National Policy (Kellogg- Briand Pact) in 1928. The correct option is E.

Dispute settlement in international law is divided into three categories: Institutional, diplomatic, and adjudicative. The correct option is C.

In consideration of Charter VI, the Secretary-General has become a peacemaking actor through the range of activities it took. These activities include good offices, mediation, facilitation, dialog process, and arbitration. The correct option is D.

Negotiation is the direct and friendly settlement of disputes between the parties. Some of the international texts use the term diplomacy or diplomatic channels instead of negotiation. The correct option is A.

The functions of the mediator are to invite parties to negotiate the dispute and to assist parties to a settlement. Mediator has an active role among the dispute parties; s/he may propose a solution that is mutually acceptable by the parties and forward the proposals of each party to the other. However, s/he does not have a legal power to force the parties to reach an agreement. It is up to the dispute parties to resolve the issue at the end. The correct option is D.

Permanent Court of International Justice (PCIJ) was the first international court with general jurisdiction. It is the predecessor of the ICJ. The correct option is B.

A State may accept the jurisdiction of the ICJ in four ways:

The last option is a way that conciliation works and helps. So, the correct option is E.

A dispute as described by the Permanent Court of International Justice (PCIJ) in the Mavrommatis Case, is a disagreement on a point of law or fact, a conflict of legal views or interests between two persons.

Dispute settlement mechanism had two characteristics such as non-peaceful and peaceful. Till the beginning of 20th century, resort to war was a natural right of States for settlement of their disputes.

States are free to choose which dispute settlement method they want to use to resolve their disputes. Therefore, States can resolve their dispute by any means they agreed on as long as the method is peaceful.

States can resolve their dispute by any means they agreed on as long as
the method is peaceful. The methods of dispute settlement mechanism in international law includes judicial mechanisms (courts, tribunals, arbitral panels), and other quasi-judicial, legal or extra-legal mechanisms (committees, inspection panels, ombudsmen, etc.). There is no hierarchy between any methods of dispute settlement as well as between tribunals or courts.

After World War I, the first attempt was the establishment of an international organization to promote international co-operation and to achieve international peace and security. Within this scope, the League of Nations (LN) was established by the Covenant of the League of Nations.