Deck 9: The International Criminal Court

Question 1

Which of the following is NOT one of the four stages that led to the creation of the International Criminal Court (ICC)?

A) The establishment of the Versailles Treaty after WWI
B) The Nuremberg and Tokyo Tribunals established after WWII
C) The creation of ad hoc tribunals for the former Yugoslavia and Rwanda
D) The drafting of the Statute of the ICC from 1994-1998

Answer 1

A

Question 2

Which of the following is NOT one of the three groups of States established at the Diplomatic Conference in Rome in 1998?

A) Like-Minded States
B) Permanent Members of the UN Security Council
C) Non-Permanent Members of the UN Security Council
D) Members of the Non-Aligned Movement

Answer 2

C

Question 3

Which of the three groups established at the Diplomatic Conference in Rome wanted a strong court with automatic jurisdiction, an independent prosecutor, and a broad definition of war crimes?

A) Like-Minded States
B) Permanent Members of the UN Security Council
C) Non-Permanent Members of the UN Security Council
D) Members of the Non-Aligned Movement

Answer 3

A

Question 4

Which of the three groups established at the Diplomatic Conference in Rome was opposed to automatic jurisdiction and wanted no jurisdiction over the use of nuclear weapons?

A) Like-Minded States
B) Permanent Members of the UN Security Council
C) Non-Permanent Members of the UN Security Council
D) Members of the Non-Aligned Movement

Question 5

Which of the three groups established at the Diplomatic Conference in Rome wanted jurisdiction over aggression, drug trafficking, and terrorism?

A) Like-Minded States
B) Permanent Members of the UN Security Council
C) Non-Permanent Members of the UN Security Council
D) Members of the Non-Aligned Movement

Question 6

Which of the three groups established at the Diplomatic Conference in Rome was led by Canada and Australia?

A) Like-Minded States
B) Permanent Members of the UN Security Council
C) Non-Permanent Members of the UN Security Council
D) Members of the Non-Aligned Movement

Question 7

Which of the following non-governmental organizations were present at the Diplomatic Conference in Rome?

A) American Bar Association
B) Amnesty International
C) Human Rights Watch
D) All of the above

Question 8

Which of the following terms best describes the intention to destroy, wholly or partly, a national, ethnic, racial or religious group by committing acts such as killing, harming, inflicting destructive conditions on, or preventing births?

A) Genocide
B) Crimes against humanity
C) War crimes
D) Crime of aggression

Question 9

Which of the following terms best describes a government policy or systematic strategy of inflicting serious attacks on human dignity or a grave humiliation or degradation?

A) Genocide
B) Crimes against humanity
C) War crimes
D) Crime of aggression

Question 10

Which of the following terms best describes serious violations of customary law or of treaties perpetuated against armed forces or civilians?

A) Genocide
B) Crimes against humanity
C) War crimes
D) Crime of aggression

Question 11

Which of the following terms criminalizes the planning, preparation, initiation or execution of aggression in a conflict?

A) Genocide
B) Crimes against humanity
C) War crimes
D) Crime of aggression

Question 12

Which of the following will become an operate part of the ICC jurisdiction starting in 2017?

A) Genocide
B) Crimes against humanity
C) War crimes
D) Crime of aggression

Question 13

Which of the following is NOT one of the three ways a situation can come before the ICC according to Article 13?

A) Referral to the Prosecutor by a State party for investigation to find reasonable basis to proceed
B) Referral by the Security Council
C) Evidence of conflict being submitted to the ICC by affected individual victims
D) Prosecutor initiatives investigation on his/her own authority and then proceeds upon Chamber's authorization

Question 14

Which of the following was NOT one of the U.S.'s responses to the ICC's growing power in the international community?

A) American Service members' Protection Act
B) UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
C) Nethercutt Amendment
D) Article 98 Immunity Bilateral Agreements

Question 15

Which of the following authorizes the U.S. president to use all means necessary and appropriate to bring about the release from captivity of U.S. or Allied personnel detained on behalf of the ICC?

A) American Service members' Protection Act
B) UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
C) Nethercutt Amendment
D) Article 98 Immunity Bilateral Agreements

Question 16

Which of the following authorizes the loss of Economic Support Funds to all countries, including many U.S. allies that have ratified the ICC treaty?

A) American Service members' Protection Act
B) UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
C) Nethercutt Amendment
D) Article 98 Immunity Bilateral Agreements

Question 17

Which of the following commits states to send a U.S. national requested by the ICC back to the U.S. instead of surrendering him/her to the ICC?

A) American Service members' Protection Act
B) UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
C) Nethercutt Amendment
D) Article 98 Immunity Bilateral Agreements

Question 18

Which country does NOT currently have an ICC investigation in progress?

A) Uganda
B) Kenya
C) South Africa
D) Libya

Question 19

Which country was accused by the ICC of hosting the Sudanese president twice after the conflict in Darfur?

A) Chad
B) Central African Republic
C) Democratic Republic of Congo
D) Uganda

Question 20

Which of the following tactics were utilized by militias in the Democratic Republic of the Congo?

A) Sexual violence
B) Child soldiers
C) Ethnic cleansing
D) All of the above

Question 21

Which of the following is NOT one of the three steps in the prosecution deciding whether or not to conduct a preliminary examination of a conflict?

A) Jurisdiction
B) Admissibility
C) Oversight
D) Interests of justice

Question 22

Which term best describes the prosecution's determination of territory and what type of crime is occurring?

A) Jurisdiction
B) Admissibility
C) Oversight
D) Interests of justice

Question 23

Which term best describes the prosecution's process of giving attention to the complementarity principle?

A) Jurisdiction
B) Admissibility
C) Oversight
D) Interests of justice

Question 24

Which term best describes the prosecution's assessment of whether there are substantial reasons to conduct an investigation according to the international community's interests?

A) Jurisdiction
B) Admissibility
C) Oversight
D) Interests of justice

Question 25

What are some of the ICC's primary funding sources?

A) Contributions from State parties
B) The United Nations
C) Voluntary contributions from individuals
D) All of the above

Question 26

What are some of the rights granted to victims by the ICC?

A) They can participate in most pre-trial proceedings
B) They can participate with remarks, written submissions, and presentation of evidence
C) They can appeal orders awarding reparation to victims
D) B and C
E) All of the above

Question 27

Which of the following is NOT true in regards to reparations for victims by the ICC?

A) Reparations can be paid through the Trust Fund for Victims
B) Reparation proceedings occur after the person prosecuted has been declared guilty
C) In 2008, the Trust fund expended $2.5 million on projects in Sudan alone for victims' physical rehabilitation and psychological support
D) The Court establishes principles for granting reparations including restitution, compensation and rehabilitation

Question 28

Which of the following is a main criticism of the ICC's efficacy?

A) Inability to investigate war crimes regardless of evidence
B) No leadership in helping States enact laws to deter nationals from committing grave international crimes
C) The duration of trials is too lengthy
D) The lack of focus on instable African States

Question 29

Which of the following were reasons for the UN Security Council's establishment of the ICTY and ICTR?

A) The break-up of the Soviet Union
B) A rise on nationalism
C) A rise on ethnic tensions
D) B and C
E) All of the above

Question 30

Which of the following counties have ratified, but have not signed the ICC treaty?

A) Russia
B) The U.S.
C) China
D) A and B
E) B and C

Question 31

Upon the election of which president did the U.S.'s attitude towards the ICC soften?

A) Clinton
B) Bush
C) Obama
D) None of the above

Question 32

Which of the following is NOT true in regards to the conflict in Darfur and its interaction with the ICC?

A) In 2004, U.S. Congress passed a resolution declaring the crisis to be genocide
B) The UN Security Council refused to refer the Darfur situation to the ICC
C) The Minister of State for Humanitarian Affairs was charged with 20 counts of crimes against humanity and 28 counts of war crimes
D) The African Union declared that member States are not obligated to honor arrest warrants

Question 33

Oversight of the Prosecutor can come from which sources?

A) International Criminal Court
B) UN Security Council
C) State parties
D) All of the above

Question 34

Which of the following is NOT true in regards to prosecution within the ICC?

A) Article 53 permits the prosecutor to decline to prosecute after the preliminary investigation
B) Article 42 allows the Prosecutor to act independently as a separate organ of the Court
C) No interaction is allowed between the States and Council to prepare prosecution materials
D) It is common for prosecutors to issue guidelines about how the prosecution function will be exercised

Question 35

What is true in regards to State cooperation and policing within the ICC?

A) Article 86 mandates States to cooperate with the Court
B) States cannot deny assistance even when request concerns documents or evidence relating to national security
C) The ICC does not possess any policing functions
D) A and C
E) B and C

Question 36

The ICC has the ability to seize evidence and make arrests.

Question 37

There are no timelines or time limits for the conduct of preliminary examinations.

Question 38

There is no explicit reference to amnesties or truth commissions in ICC Statute.

Question 39

International criminal law is a hybrid branch of law between International and State.

Question 40

Like-minded States are in support of the death penalty.

Question 41

The ICC is intended to complement national criminal law, not to supplant national jurisdiction over international crimes.

Question 42

A Prosecutor is able to obtain an arrest warrant without approval from the pre-trial Chamber.

Question 43

The U.S. prefers to protect human rights through democracy rather than creating international enforcement instruments.

Question 44

The U.S. voted 'no' on the resolution before the Security Council to refer the Darfur situation to the ICC.

Question 45

There are currently two investigations being facilitated in the Central African Republic by the ICC.

Question 46

Discuss the scholarly debate on the efficacy of the ICC. Provide two criticisms and two praises for the institution's work.

Question 47

Give a brief overview of the ICC's involvement in the Darfur conflict. What are some of the major limitations that the ICC faces in resolving this conflict and providing justice for victims?

Question 48

Describe the evolution of the U.S.'s attitude towards the ICC, and explain the motives the U.S. government might have in possessing these attitudes as discussed by the authors.