Multiple choice Flashcards

(14 cards)

1
Q

which answer is correct?

public international law primarily:

a. addresses the conduct of individual
b. address the conduct of states
c. deals with marriage and contract issues with an international element
d. none of the above

A

B.

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2
Q

which answer is correct?

International criminal law:

a. no longer relies on customary law
b. releases only on general principle
c. relies on customary law but not on unwritten general principles
d. relies on customary law and on unwritten general principles

A

D.

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3
Q

Which is incorrect?

common law can refer to

select one.

a. A legal system
b. A source of law
c. The law passed by the parliament
d. Judge made law

A

C

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4
Q

Which answer is correct?

select one.

a. In international the doctrine of substantive justice is being replaced with the doctrine of strict legality
b. In international law the doctrine of strict legality us slowly being replaced with the doctrine of substantive justice
c. In international law the doctrine of substantive justice is about protecting the accused from harm
d. Both b and c

A

a

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5
Q

Is the below statement true or false?

not all violations of IHL are war crimes, even though they may result in international responsibility

Select one.
True
False

A

True

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6
Q

Is the below statement true or false?

extensions/adaption of criminal offences by courts is allowed under very strict requirements

select one.
True
False

A

True

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7
Q

which answer is correct?

when we say
‘national criminal law applies ‘extraterritorially’ when the crime is committed in another country by a national of the state prosecuting it’, we are referring to the principle of:

a. principle of territorially
b. principle of passive nationality
c. principle of universality
d. the principle of active nationailty

A

D

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8
Q

When do the ICTY and ICTR have primacy over national court in a case which deals with an IHL matter?

select one.

a. They do not have primacy
b. When the case is closely related to another case which is being dealt with by the tribunal
c. when the national court is unreliable or is not giving the case the seriousness it deserves
d. Both b and C

A

D

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9
Q

What was not a criticism towards the establishment of the ICTY?

select one.

a. ICTY was established to make up for the political and diplomatic impotency
b. the security council had exceeded its powers under the charter in establishing the ICTY
c. The security council had opted for selective justice
d. They had established the ICTY to show that they are not applying double standards

A

D

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10
Q

Which one is the most correct?

principles of ‘favouring the accused’ means

a. we can disagree with a clear and specific law in order to favour the accused
b. when faced with conflicting interpretation of rules we should follow the one that favours the accused
c. the principle of favouring the accused does not apply to the appraisal of evidence
d. when faced with conflicting interpretation of a rule we should follow the one that favours the accused when it has to do with enslavement as a form of crime against humanity

A

B

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11
Q

Which answer is correct?

most civil law countries follow the

select one.

a. doctrine of substantive justice
b. doctrine of precedent
c. doctrine of strict legality
d. Radbruch’f formula
e. Both a and b

A

C

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12
Q

Which answer is correct?

Radburch’s formula follows the:

select one.

a. doctrine of strict legality
b. doctrine of substantive justice
c. doctrine of precedent
d. none of the above

A

B

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13
Q

Which of the following is not a source of international law per se?

select one.

a. customary law
b. treaties
c. judicial decisions and writing pf the most qualified publicists
d. general principles of law

A

C

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14
Q

Which is incorrect?

War crimes involve:

select one.

a. a violation of rule belonging to customary law or treaty
b. breach of rule must entail individual criminal responsibility under customary law or treaty
c. a violation of an international rule leading to minor consequences for the victim(s)
d. serious infringement of an international rule
e. both a and B

A

C

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