Week 3 Flashcards

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1
Q

Exercise of jurisdiction (3)

A
  • State party referral
  • SC referral
  • Prosecutor initiates
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2
Q

Mental element

A

Mens rea
- Intention
- Awareness

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3
Q

Material element

A

Nexus between conduct (= gedrag) and conflict.
- material element for specific crime

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4
Q

Personal jurisdiction

A

Which accused person falls within Court’s jurisdiction

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5
Q

Territorial jurisdiction

A

Where must conduct of the accused take place?

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6
Q

Joint Criminal enterprise

A

Participation in furtherance of common plan, with intent to commit a crime, and a crime is committed

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7
Q

Functional immunity

A

Applies to all state officials.
- only to conduct they act out in official capacity
- does not apply to private acts
- custom + vienna

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8
Q

Personal immunity

A

Very high officials immunity
- private and official capacity
- custom

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9
Q

Principle of Complementarity

A

National criminal justice takes precedence over jurisdiction of ICC

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10
Q

Crime of aggression

A

Planning, preparation, imitation or execution of an act of aggression which constitutes a manifest violation of the UN charter

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11
Q

Criteria joint criminal enterprise (JCE) (3)

A

1) more than 1 individual involved in commission of a crime
2) common plan
3) the accused made a significant contribution to the crime

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12
Q

4 types of immunity

A

1) diplomats + diplomatic property
2) international organizations
3) states
4) high-ranking state officials

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13
Q

Ad hoc diplomacy

A

send state representatives on ‘special missions’ to other states

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