LLM International Law 1 — Questions and Answers
Question 1: In international law, which principle provides that a state may exercise jurisdiction over crimes committed on its territory?
- Territorial Principle (Correct answer)
- Nationality Principle
- Protective Principle
- Universal Jurisdiction
Correct answer: Territorial Principle
The territorial principle is the most fundamental basis for state jurisdiction, allowing a state to apply its law to conduct occurring within its borders.
Question 2: Under the Vienna Convention on the Law of Treaties, what is the effect of 'jus cogens' norms?
- Any treaty conflicting with a peremptory norm of international law is void (Correct answer)
- States may derogate from jus cogens norms by mutual agreement
- Jus cogens norms apply only to UN member states
- They require a two-thirds Security Council vote to establish
Correct answer: Any treaty conflicting with a peremptory norm of international law is void
Article 53 of the Vienna Convention provides that a treaty is void if it conflicts with a peremptory norm (jus cogens) from which no derogation is permitted.
Question 3: What is the primary source of international law according to Article 38 of the ICJ Statute?
- International conventions (treaties) (Correct answer)
- UN Security Council Resolutions
- Decisions of the International Court of Justice
- Customary international law
Correct answer: International conventions (treaties)
Article 38(1)(a) of the ICJ Statute lists international conventions establishing rules expressly recognized by contesting states as the first source of international law.
Question 4: The doctrine of 'sovereign immunity' in international law means that:
- A state cannot generally be sued in the courts of another state without its consent (Correct answer)
- State officials are immune from all criminal prosecution
- International organizations have absolute immunity
- Heads of state have lifetime immunity from prosecution
Correct answer: A state cannot generally be sued in the courts of another state without its consent
Sovereign immunity bars foreign courts from exercising jurisdiction over another state in the absence of that state's consent, based on the principle of par in parem non habet imperium.
Question 5: In the context of international humanitarian law, what is the principle of 'distinction'?
- Parties to armed conflict must distinguish between civilians and combatants and only target combatants (Correct answer)
- Distinguishing war crimes from crimes against humanity
- Separating humanitarian aid from military operations
- Differentiating between international and non-international armed conflicts
Correct answer: Parties to armed conflict must distinguish between civilians and combatants and only target combatants
The principle of distinction under the Geneva Conventions requires parties to armed conflict to differentiate civilians from combatants and civilian objects from military objectives at all times.
Question 6: What is the 'Responsibility to Protect' (R2P) doctrine in international law?
- States bear the primary responsibility to protect their populations from genocide, war crimes, and crimes against humanity (Correct answer)
- The UN Security Council has an absolute duty to intervene in all conflicts
- States must protect foreign nationals on their territory
- International courts are responsible for prosecuting all human rights violations
Correct answer: States bear the primary responsibility to protect their populations from genocide, war crimes, and crimes against humanity
R2P holds that states have a primary responsibility to protect their populations from mass atrocities, and if they fail, the international community may act, including through the Security Council.
LLM International Law 1
In international law, which principle provides that a state may exercise jurisdiction over crimes committed on its territory?