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International Law In Action: Investigating and Prosecuting International Crimes Quiz Answers

Week 01: International Law In Action: Investigating and Prosecuting International Crimes Quiz Answers

Quiz 01: Week 1

Q1. Which of the following theories can explain the nature of certain crimes as ‘international crimes’?




Check all that apply

• The prohibited conduct is considered inherently wrong because of its ‘evil’ nature
• The prohibited conduct is criminalized in the domestic law of all or most states
• The conduct is being tried before an international criminal court or tribunal
• The prohibited conduct is directly criminalized by international law, such as an international treaty or international customary law

Q2. What are the protected groups under the crime of genocide?

• National, ethnic, racial and political groups
• National, ethnic, racial and religious groups
• National, cultural, racial and religious groups
• National, ethnic, religious and gender-based groups

Q3. Which of the following statements regarding genocidal intent (i.e. the intent to destroy a protected group in whole or in part) is correct?

Check all that apply

• Genocidal intent is difficult to prove because it cannot be inferred
• Genocidal intent can be proven by a number of factors taken together (the large number of victims, systematic targeting, specific orders to kill the targeted population)
• The intent to affect the ethnic composition of a region by forcibly displacing an ethnic minority qualifies as genocidal intent
• The existence of a genocidal plan or policy can be relied on to illustrate intent

Q4. Which of the following statements on the crime against humanity are true?

Check all that apply

• Organizations with de facto control over territories can commit crimes against humanity
• Only States and State like entities can commit crimes against humanity
• The ICC Statute contains the most comprehensive modern treaty codification of crimes against humanity
• ISIS cannot be held accountable for crimes against humanity, as it does not formally constitute a State under international law

Q5. The distinction between murder as an ‘ordinary’ domestic offence and murder as a crime against humanity is that the latter must be committed:

• during an armed conflict
• as part of any attack against civilians belonging to a protected grou
• as part of a widespread or systematic attack against any civilian population
• pursuant to a State policy

Q6. . The list of war crimes is more extensive in the context of international armed conflict. But what makes a conflict international? Different courts have provided different answers. Which test was applied by the International Court of Justice (ICJ) in the Nicaragua case?

• The ‘overall control’ test, which means that a conflict between a state and an armed group can be international if a third State exercises overall control over the organized armed group
• The ‘effective control’ test, which means that a conflict between a state and an armed group can be international if a third State has effective control of the operations in the course of which the violations were committed
• The ‘economic control’ test, which means that a conflict between a state and an armed group can be international if the armed group depends economically on a third State

Q7. What is not a fundamental principle of international humanitarian law?

• Prohibition of employing weapons, ammunitions, material and methods of warfare of a nature to cause superfluous injury and unnecessary suffering
• Principle of proportionality
• Principle of protection of non-combatants
• Principle of legality
• Principle of distinction

Q8. The Nuremberg Trials affirmed that ‘crimes against international law are committed by men, not by abstract entities, and only by punishing individuals who commit such crimes can the provisions of international law be enforced.’ Video 6 focussed on the principle of individual criminal responsibility. There are many advantage that come with holding individuals accountable for atrocities. However, we also discussed the disadvantages of individual criminal responsibility. Wich of the following statements qualify as a disadvantage?

Check all that apply

• A strict focus on individualized guilt may contribute to a myth of collective innocence
• International courts and tribunals can only hold leaders individually accountable, not lower ranking individuals
• An individual charged of international crimes may easily become a ‘scapegoat’ of collective action

Q9. Jack de Boef is an arms dealer in Phontasia. When he was 15, his parents were killed by a militant group, who are involved in an armed conflict with the government of Phontasia for years. According to the militant group, they are fighting for equal rights for a minority group called the Lovane people, who are living in Phontasia. Because of the murder of his parents, Jack deeply hates the Lovane people. For this reason, he provided the Phontasian government with arms. During the conflict, the army of the Phontasian govenment commits crimes against humanity and war crimes against the Lovane people, using Jack de Boef’s arms. Jack de Boef is aware of the crimes the government comitted. The ICC Prosecutor decides to prosecute Jack de Boef for crimes against humanity and war crimes. Under which mode of liability will he be charged?

• Co-perpetration based on the control theory
• Perpetration through an organization
• Aiding or abetting

Q10. The post-WWII period has been significant for the field of international criminal law. What are, according to Beth Van Schaack and Ron Slye, the most salient contributions?

Check all that apply

• The Nuremberg and Tokyo proceedings established that many violations of IHL that had before that time given rise only to state responsibility also gave rise to individual criminal responsibility
• The International Military Tribunals establshed that the death penalty was inhumane and should no longer be used as punishment in international criminal cases
• The International Military Tribunals confirmed that even highranking state officials could be held individually criminally liable for international crimes committed in war
• The International Military Tribunals established the primacy of international law over domestic law

International Law In Action: Investigating and Prosecuting International Crimes Week 02 Quiz Answers

Quiz 01: Week 2

Q1. The ICC must be independent. Why can that be a challenge?

Check all that apply

• Because the ICC depends on States to receive budget and cooperation
• Because the ICC easily becomes the object of politics or tactics of ‘lawfare’ (the use of law as a weapon)
• Because the ICC Prosecutor needs approval from the Permanent Members of UN Security Counsel first, before she is allowed to investigate situations

Q2. Which of the following statements on different types of justice is not correct?

• International courts struggle to strike a balance between retributive justice and restorative justice
• The global vision of justice is in accordance with the local vision
• Restorative features in international trials are in the interest of victims
• Retributive justice in international trials focuses on the defendant and the violated rules

Q3. Which of the following statements about judicial institutions is correct?

• Domestic courts can try international crimes
• Regional human rights courts can try international crimes
• All international courts and tribunals have primacy over domestic jurisdictions
• Hybrid courts are less effective than tribunals established by the UNSC
• None of the above

Q4. We discussed that the Prosecutor has the ‘most political function’ in international criminal justice, why is that?

Check all that apply

• The Prosecutor determines who will be charged, when, and how
• The Prosecutor works on behalf of his/her own State
• Prosecutors depend on States for the funding of their operations
• Politics often play a role in the appointment of the Prosecutor

Q5. Check the incorrect answer. An accused person at the ICC can:

• have a defence team paid entirely by the Court
• represent himself/herself during the trial
• enter into a partially guilty plea
• decide if he/she will be tried by the ICC or a by domestic court

Q6. Case selection involves several steps. The Office of the Prosecutor is bound by the principle of objectivity to examine allegations against all groups or parties within a particular situation. This means that the Office must apply the same processes, methods, criteria and thresholds to all groups, in order to assess their blameworthiness.

Then, the Prosecution must select potential perpetrators. On which three general criteria does the Prosecutor base his/her selection of perpetrators?

• Which side of the conflict the perpetrator belongs to
• The degree of responsibility of the alleged perpetrators
• The potential charges
• Gravity of the crimes

Q7. Which of the following statements about amnesty in relation to international crimes are true?

Check all that apply

• Amnesty may be an essential part of a peace deal
• Prosecuting someone granted amnesty is not in the interests of justice, and is therefore excluded by the ICC Statute
• Self-amnesty is prohibited under international law
• Domestic amnesty would bar an international prosecution

Q8. Which of the following evidence would be relevant to prove an attack against civilians in a village?

Check all that apply

• Bullets and wrecks from the village under attack
• A booklet introducing the village as a touristic attraction, and therefore its importance
• Witness testimony on the direct of the shelling
• Documents revealing a policy to attack a village

Q9. The pre-trial stage of proceedings comprises several steps and typically start with an internal analysis by the Prosecutor. This stage is called the preliminary examination. Which of the following statements regarding preliminary examination is incorrect?

• Preliminary examinations help the Prosecutor to determine whether there is a reasonable basis to initiate an investigation
• At the ICC, preliminary examinations have been used as an instrument to highlight atrocities or encourage domestic investigations and prosecutions, through naming and shaming
• According to the Rome Statute, preliminary examinations should take up a maximum of 6 months. After that period, the Prosecutor must decide whether or not to initiate investigations

Q10. When is the standard ‘reasonable grounds to believe’applied at the ICC?

• When an arrest warrant is issued
• At the confirmation of charges stage
• At the conviction stage
• At the sentencing stage

International Law In Action: Investigating and Prosecuting International Crimes Week 03 Quiz Answers

Quiz 01: Week 3

Q1. Which of the following statements about trials are correct?

Check all that apply

• The judgment may be based on evidence that was not discussed at trial
• The main purpose of a trial is to ensure that the defendant receives a fair and expeditious legal process
• The main purpose of a mid-trial acquittal, is that it saves money and resources
• The principle of orality implies that live testimony should be used where possible

Q2. Which of the following descriptions of civil law judges are true?

Check all that apply

• Civil law judges are allowed to write separate or dissenting opinions
• Judges in civil law countries have the primary power to call evidence
• Civil law judges have a duty to search for the truth

Q3. Which of the following statements about ICC judges is true?

• ICC judges are not allowed to write separate or dissenting opinions
• One of the tasks of the ICC judges is fact-finding
• All ICC judges were judges in domestic courts before they serve at the ICC
• ICC judges can amend and adopt the Rules of Procedure and Evidence of the Court

Q4. Which of the following issues will be the least likely to be challenged by a Defence Counsel before the ICC?

• The legality of the Court
• The impartiality of a judge
• The credibility of prosecution witnesses
• The admissibility of certain evidence

Q5. Taking into account Article 31 of the Rome Statute, which of the following arguments cannot be regarded as an effective defence?

• The accused acted pursuant to his/her official capacity
• The accused was under eighteen years of age when he/she command the crime
• The accused suffered from mental disease that destroyed his/her control over the conduct to conform to the requirements of the law
• The accused acted under duress

Q6. Which of the following statements about trials in absentia (in absence of the accused) at the ICC is correct?

• The ICC only allows trials in absentia when they are unable to secure the appearance of the accused
• Trial proceedings at the ICC are never allowed to start if the accused is absent
• The ICC created a special rule for persons who fulfill ‘extraordinary public duties at the highest level’

Q7. What are according to guest lecturer Sergey Vasiliev the two reasons victims now enjoy exensive procedural rights?

• Only recently the courts are able to arrange for possibilities to provide redress for victims, like the ICC’s Trust Fund for Victim’s
• The ad hoc tribunals showed that retributive justice, which is solely concerned with punishing the perpetrators, does not suffices to restore and provide redress
• The more recent tribunals’ frameworks admit a greater civil law influence. Civil law courts are more receptive to a third perspective on facts and evidence provided by victims

Q8. Which of the following issues are regarded as the main challenges of victim participation at the ICC?

Check all that apply

• The Prosecutor’s selection of charges may create a hierarchy of victimhood between case and situation victims
• The safety of the accused cannot be guaranteed
• Victim participation further complicates the already lengthy trial proceedings
• Victim participation adds to the Defence’s burden to argue the case

Q9. Q became a child soldier at the age of eight. Five years later, he killed 30 civilians during an armed conflict. After that, he stopped fighting at the front line. Instead, he occasionally helped with the recruitment of other child soldiers. At the age of eighteen, he set up his own army and had since committed other war crimes. According to article 26 (Rome Statue), which of Q’s acts can be tried before the ICC?

• The killing of 30 civilians.
• The recruitment of other child soldiers
• Other war crimes committed together with his own army

Q10. Children may have strong incentives to join armed forces. For example, they may feel that membership in armed forces gives them power and prestige. If children voluntarily join the armed forces, can the person who accepts these children still be accused of the war crime mentioned in Article 8(2)(b)(xxvi) of the Rome Statute?

• Yes, but only if the child’s parents did not give their consent
• No, the child acted voluntary
• Yes, it does not matter if the child joined the armed forces voluntarily, or if his parents gave their consent.

International Law In Action: Investigating and Prosecuting International Crimes Week 04 Quiz Answers

Quiz 01: Week 4

Q1. According to Article 74 Rome Statute, which of the following requirements must a judgment delivered by the ICC meet?

Check all that apply

• It must be based on an assessment of the totality of the evidence
• It must be reasoned
• It must be delivered in writing and in public
• It must be based on an unanimous decision of the judges

Q2. What useful functions in the legal process can separate and dissenting opinions have?

Check all that apply

• They serve as a means for judges to express their individual opinions on issues remotely connected to the case
• They underscore the impartiality of judges
• They allow judges to avoid common deliberations
• They can contribute to the development of the law

Q3. What type of penalty can international courts and tribunals typically award?

• Mediation between victims and the convicted person
• Apologies
• The death penalty
• Imprisonment

Q4. Which of the following statements regarding sentences is correct?

• The sentencing practices of the UN tribunals are binding for the ICC
• The sentence must be proportionate to the gravity of the crime and the culpability of the convicted person
• The statutes of international criminal courts and tribunals define minimum and maximum penalties for each of the core crimes
• The statutes of international criminal courts and tribunals provide for a hierarchy of crimes in terms of sentencing, with genocide at the top, followed by crimes against humanity and war crimes

Q5. Which of the following courts or tribunals can order reparations for victims?

Check all that apply

• The International Criminal Court
• The International Criminal Tribunal for the former Yugoslavia
• The Extraordinary Chambers in the Courts of Cambodia
• The Special Tribunal for Lebanon

Q6. What challenges does the ICC system of reparations face?

Check all that apply

• The Court cannot order collective reparations
• Reparations must reconcile the rights of the victims with the rights of the accused
• The Court cannot order the seizure of assets of defendants
• Many of the defendants are indigent

Q7. How can the effectiveness of international justice be strengthened?

Check all that apply

• By making use of data collected by commissions of inquiry or human rights NGOs
• By better cooperation of States with international courts
• By increasing the protection of witnesses
• By setting more ambitious goals in improving human security

Q8. What are some major causes of lengthy proceedings before international criminal courts and tribunals?

Check all that apply

• The search for victim’s
• The large number of preliminary motions
• The need for interpretation and translation
• Weaknesses in investigations

Q9. How has the ICC sought to address the causes of its lengthy proceedings?

• Through amendments to the ICC Statute
• By developing internal manuals identifying lessons learnt and best practices
• By restricting the Prosecutor in the number of charges she can bring against a suspect
• None of the above

Q10. What is not considered a weaknesses of international criminal justice?

• It has difficulties targeting the policies and networks of criminality behind international crimes
• It is perceived as applying double-standards when it comes to powerful States
• It is not selective enough
• Witnesses are not a strong source of evidence

Quiz 02: Final Exam

Q1. Which of the following are possible advantages of criminalizing certain conduct as an ‘international crime’ as opposed to an ‘ordinary crime’?

Check all that apply

• It allows holding individuals accountable even if the conduct was not a crime at the time it took place
• It may enable courts to exercise jurisdiction over State officials who enjoy immunity.
• It allows holding perpetrators accountable even when the national law does not criminalize the conduct in question

Q2. Which of the following acts may qualify as genocide?

Check all that apply

• The killing members and supporters of a political party with the intent to exterminate the group
• The removal of an ethnic group from its territory
• The causing of serious mental harm to members of a racial group with the intent to destroy the group
• The starvation of a religious group

Q3. The systematic killing of members of a group, during peace time, because of their sexual orientation, with the intent to destroy the group qualifies as:

• Genocide, under Article 6(a) of the ICC Statute
• Persecution as a crimes against humanity, under Article 7(1)(h) of the ICC Statute
• The war crime of willful killing, under Article 8(2)(a) of the ICC Statute
• None of the above

Q4. Which of the following means or methods of warfare are prohibited?

Check all that apply

• The use of poisonous gases
• The use of child soldiers
• Attacks with drones
• Expanding or explosive bullets which unnecessarily aggravate suffering

Q5. The targeting of which of the following objects would be allowed in an armed conflict?

Check all that apply

• A UN peacekeeping vehicle
• A church used as headquarters by an armed group
• A school that serves as a depot for weapons and ammunition
• The Colosseum

Q6. According to Article 28 of the Rome Statute, in which of the following situations could a commander or superior incur superior responsibility for crimes committed by his subordinates?

Check all that apply.

• He aided his subordinates in the commission of crimes
• He did not punish his subordinates for crimes that he knew they had committed
• He was informed that crimes were being perpetrated by his subordinates and did not take any measures to stop them
• He ordered his subordinates to commit crimes

Q7. In its 1995 ‘Decision on jurisdiction’ rendered in the Tadić case, the ICTY Appeals Chamber established that the Tribunal had jurisdiction over war crimes committed in non-international armed conflicts. Which of the following considerations led the Chamber to make this finding?

Check all that apply

• A range of rules and principles had developed under customary international law to govern non-international armed conflicts
• The Statute of the ICTY explicitly provided for individual criminal responsibility for violations of such rules and principles concerning non-international armed conflicts
• Violations of the rules and principles governing non-international armed conflicts entailed individual criminal responsibility under customary international law

Q8. What has been associated as a concept of ‘victor’s justice’?

• Prosecuting acts from the defeated only
• Prosecuting high level perpetrators only
• Prosecuting crimes in Africa only

Q9. On what basis can the Prosecutor refuse to investigate a situation, after preliminary examinations have taken place?

• The Prosecutor does not have enough evidence
• The Prosecutor cannot send investigators to the crime scene
• The Prosecutor does not have enough resources
• The Prosecutor does not receive cooperation from the territorial state

Q10. According to the Secretary-General’s 2004 Report on The Rule of Law and Transitional Justice in Conflict and Post-conflict Societies, which of the following statements is true?

• The application of capital punishment does not prohibit the UN from participating in such tribunal
• Criminal trials play an important role in transitional contexts through de-legitimize extremist elements
• Among different approaches to achieve transitional justice, individual prosecution is always in priority
• Tribunals located outside countries where the crimes were committed have a greater independance

IQ11. n its 2004 ‘Decision on Immunity from Jurisdiction’, the Appeals Chamber of the Special Court for Sierra Leone ruled that Mr. Charles Taylor was not immune from the jurisdiction of the Court. On which of the following reasons is this decision not based?

• Liberia waived Taylor’s immunity
• The Statute of the SCSL is not in conflict with general international law
• The SCSL is an international tribunal
• As a former Head of State, immunity ratione personae ceases to attach to Mr. Taylor

Q12. According to Article 21 Rome Statute, which of the following sources must ICC Judges apply at the first place?

• The UN Charter
• The Rome Statute
• Customary international law
• Previous decisions and judgments

Q13. Which of the following features in international trials are inspired by the adversarial system, according to Judge Eser and Judge Fulford?

• Victim participation
• The allowance of witness proofing in some cases
• Separation between a prosecution case and a defence case
• Judges can order a party to produce additional evidence

Q14. According to Article 70 Rome Statute, which of the following statements is true with regard to a contempt case?

• It is not necessary to establish ‘beyond reasonable doubt’ in a contempt case
• Interference with Prosecution witnesses is not an offence against the administration of justice .
• International cooperation to the Court with respect to contempt proceedings is also governed by the Rome Statute
• A contempt case is usually initiated by the Prosecutor

Q15. What is true about self-representation in international criminal trials?

• Self-representation is encouraged because it saves money
• Self-representation is encouraged because the accused knows best what he/she wants
• Self-representation does not exclude the possibility of having stand-by counsels
• Self-representation in international criminal trials is an absolute right

Q16. Which of the following is true in accordance with the Lubanga Trial Judgment?

Check all that apply

• The Prosecution needs to prove that a joint plan is specifically directed at committing the crime in question, when holding someone accountable as a co-perpetrator under Article 25(3)(a)
• The contribution of the alleged co-perpetrator must be ‘essential’
• The accused should be aware that he provided an essential contribution to the implementation of the common plan

Q17. According to Article 77 Rome Statute, which of the following forms of punishment can be imposed by judges at the ICC?

Check all that apply

• Community service
• Life imprisonment
• Imprisonment of up to 30 years
• Fines

Q18. Which of the following factors were taken into account by ICC judges to determine the sentence of Thomas Lubanga?

Check all that apply

• The sexual violence suffered by female child soldiers
• Mr. Lubanga’s education
• The leadership role of Mr. Lubanga
• The gravity of the crime(s) committed

Q19. Which are the main forms of reparation specified in Article 75 of the ICC Statue?

Check all that apply

• Rehabilitation
• Compensation
• Satisfaction
• Restitution

Q20. Which are the threats that international criminal justice is facing today?

Check all that apply

• Insufficient budgetary resources
• Local justice responses are interfering with the work of international courts and tribunals
• The UN Security Council referring cases to the ICC without assuming responsibility for enforcement
• International courts are unable to address modern criminality, such as modern-day slavery, through the old categories of core international crimes

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About International Law In Action: Investigating and Prosecuting International Crimes Course

The second course in Leiden University’s new series on International Law in Action is called “Investigating and Prosecuting International Crimes.” The first class was a general look at the international courts and tribunals in The Hague. This second course shows you how international criminal courts and tribunals work from the inside. You will learn how international crimes are looked into and tried in The Hague.

Atrocities lead to violence that is beyond words. We will look into whether and how international criminal justice helps bring about what Ban Ki Moon, the Secretary-General of the United Nations, has called the “age of accountability.” The idea is that people who commit the worst crimes should be held responsible, whether they are regular soldiers or military commanders, lowly civil servants who are just following orders, or top political leaders. We will see if this is possible and how it can be done.

During this course, you will get a look at how the international criminal courts and tribunals at The Hague work. You will learn how international criminal justice works, who the different players are, what results from it has, and how it can be made better.

This course is for you if you want to learn more about international criminal cases like the Lubanga case, which was the ICC’s first trial, and the legal legacy of UN international criminal tribunals.

It’s free to join and take part in this course. There is a paid option to get a verified certificate of completion for the course. If you want a certificate but can’t pay for it, you can ask Coursera for help paying for it.

SKILLS YOU WILL GAIN

1. Justice
2. Criminal Justice
3. International Law
4. Law

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