Judiciary question bank

International Law MCQs for Judiciary, Page 4

Judiciary International Law questions 71-94 of 235, with answer keys and explanations covering sources, treaties, State responsibility, recognition, jurisdiction, law of the sea, the United Nations, use of force, and human rights.

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Practice judiciary exam MCQs with answers and explanations across substantive law, procedure, evidence, constitutional law, and state judicial service subjects.

  • Air and Space Law4
  • Asylum and Extradition1
  • Diplomatic and Consular Law1
  • Diplomatic Protection2
  • Dispute Settlement3
  • Environmental Law2
  • Extradition and Asylum4
  • Human Rights9
  • Human Rights and Refugee Law3
  • Immunities12
  • International Court of Justice10
  • International Criminal Law14
  • International Economic Law5
  • International Environmental Law5
  • International Humanitarian Law9
  • International Investment Law3
  • International Law and Municipal Law2
  • International Organisations4
  • International Watercourses1
  • Jurisdiction14
  • Law of the Sea22
  • Nationality4
  • Recent Developments5
  • Recognition1
  • Recognition and Non-Recognition1
  • Refugee Law2
  • Self-Determination1
  • Sources of International Law14
  • State Recognition2
  • State Responsibility15
  • State Succession5
  • Statehood and Recognition8
  • Subjects of International Law1
  • Treatment of Aliens1
  • Treaty Law24
  • United Nations10
  • Use of Force11
Question 71HardInternational Court of Justice

Intervention under Article 62 of the ICJ Statute requires a state to show:

  1. A

    A desire to comment politically.

  2. B

    Automatic party status in every case.

  3. C

    An interest of a legal nature that may be affected by the decision.

  4. D

    A private contractual right.

View answer and explanation

Correct answer: C. An interest of a legal nature that may be affected by the decision.

Article 62 intervention is not a general amicus procedure. The state must show an interest of a legal nature that may be affected.

Source note: ICJ Statute Article 62

Question 72MediumInternational Court of Justice

Article 59 of the ICJ Statute provides that the Court's decision has no binding force except:

  1. A

    Against all states in all future disputes.

  2. B

    Only against individuals.

  3. C

    Only after General Assembly approval.

  4. D

    Between the parties and in respect of that particular case.

View answer and explanation

Correct answer: D. Between the parties and in respect of that particular case.

Article 59 limits formal binding force. ICJ decisions remain highly persuasive but do not operate as strict universal precedent.

Source note: ICJ Statute Article 59

Question 73EasyState Responsibility

Attribution in state responsibility asks whether:

  1. A

    The conduct can legally be treated as conduct of the state.

  2. B

    The act is morally popular.

  3. C

    A treaty has been translated.

  4. D

    A private company has a profit.

View answer and explanation

Correct answer: A. The conduct can legally be treated as conduct of the state.

State responsibility analysis begins by asking whether conduct is attributable to the state and whether it breaches an international obligation.

Source note: ILC Articles on State Responsibility

Question 74HardState Responsibility

An organ acting beyond its authority may still engage state responsibility when:

  1. A

    It is a private tourist.

  2. B

    It acts in an official capacity or under colour of authority.

  3. C

    It has no connection to the state at all.

  4. D

    It acts only in a personal family dispute.

View answer and explanation

Correct answer: B. It acts in an official capacity or under colour of authority.

Ultra vires conduct of state organs can still be attributed to the state if performed in official capacity or under colour of authority.

Source note: ILC Articles on State Responsibility Article 7

Question 75HardState Responsibility

A state may incur responsibility for aiding or assisting another state's wrongful act if it does so:

  1. A

    Without any knowledge and without any legal link.

  2. B

    Only through private charity.

  3. C

    With knowledge of the circumstances and the act would be wrongful if committed by it.

  4. D

    Only after the ICJ issues an advisory opinion.

View answer and explanation

Correct answer: C. With knowledge of the circumstances and the act would be wrongful if committed by it.

Article 16 of the ILC Articles sets conditions for responsibility for aid or assistance in another state's internationally wrongful act.

Source note: ILC Articles on State Responsibility Article 16

Question 76MediumState Responsibility

Circumstances precluding wrongfulness include consent, self-defence, countermeasures, force majeure, distress, and:

  1. A

    Recognition.

  2. B

    Nationality.

  3. C

    Treaty registration.

  4. D

    Necessity.

View answer and explanation

Correct answer: D. Necessity.

The ILC Articles recognise a limited set of circumstances that may preclude wrongfulness. They do not erase the underlying obligation permanently.

Source note: ILC Articles on State Responsibility Articles 20 to 25

Question 77HardState Responsibility

Lawful countermeasures must generally be:

  1. A

    Temporary, proportionate, and aimed at inducing compliance.

  2. B

    Punitive armed reprisals against civilians.

  3. C

    Permanent annexation of territory.

  4. D

    Unrelated to any wrongful act.

View answer and explanation

Correct answer: A. Temporary, proportionate, and aimed at inducing compliance.

Countermeasures are regulated responses to internationally wrongful acts. They cannot involve force and must remain proportionate and compliance-oriented.

Source note: ILC Articles on State Responsibility Articles 49 to 54

Question 78MediumState Responsibility

The classic forms of reparation in international law are restitution, compensation, and:

  1. A

    Annexation.

  2. B

    Satisfaction.

  3. C

    Recognition.

  4. D

    Reservation.

View answer and explanation

Correct answer: B. Satisfaction.

The Chorzow Factory principle and ILC Articles identify restitution, compensation, and satisfaction as core forms of reparation.

Source note: Factory at Chorzow, PCIJ 1928; ILC Articles

Question 79EasyUse of Force

Article 2(4) of the UN Charter prohibits:

  1. A

    All trade restrictions.

  2. B

    Every diplomatic protest.

  3. C

    The threat or use of force against territorial integrity or political independence of any state.

  4. D

    Peaceful arbitration.

View answer and explanation

Correct answer: C. The threat or use of force against territorial integrity or political independence of any state.

Article 2(4) is the central Charter prohibition on force. It does not prohibit every unfriendly act, but it does prohibit force within its terms.

Source note: UN Charter Article 2(4)

Question 80MediumUse of Force

Article 51 preserves the inherent right of individual or collective self-defence if:

  1. A

    A trade dispute arises.

  2. B

    A state dislikes criticism.

  3. C

    A treaty has been registered late.

  4. D

    An armed attack occurs, until the Security Council has taken necessary measures.

View answer and explanation

Correct answer: D. An armed attack occurs, until the Security Council has taken necessary measures.

Article 51 ties self-defence to armed attack and requires reporting to the Security Council. Necessity and proportionality also govern the response.

Source note: UN Charter Article 51; Nicaragua Case, ICJ 1986

Question 81MediumUse of Force

Necessity and proportionality in self-defence mean that force must be:

  1. A

    Needed to respond to the armed attack and proportionate to that defensive purpose.

  2. B

    Unlimited once any attack occurs.

  3. C

    Measured by revenge alone.

  4. D

    Available for economic punishment only.

View answer and explanation

Correct answer: A. Needed to respond to the armed attack and proportionate to that defensive purpose.

Self-defence is not a blank cheque. The response must be necessary and proportionate to stopping or repelling the armed attack.

Source note: Nicaragua Case, ICJ 1986; Oil Platforms Case, ICJ 2003

Question 82HardUse of Force

Collective self-defence generally requires that the victim state:

  1. A

    Be a permanent member of the Security Council.

  2. B

    Declare itself attacked and request assistance.

  3. C

    Have no government.

  4. D

    Withdraw from all treaties.

View answer and explanation

Correct answer: B. Declare itself attacked and request assistance.

The ICJ in Nicaragua emphasised the need for the victim state to declare that it has been attacked and request assistance for collective self-defence.

Source note: Nicaragua Case, ICJ 1986

Question 83HardUse of Force

Unilateral humanitarian intervention without Security Council authorisation remains controversial because:

  1. A

    The Charter clearly authorises it in every case.

  2. B

    It concerns only taxation.

  3. C

    It sits uneasily with the Charter prohibition on force.

  4. D

    It is identical to diplomatic protection.

View answer and explanation

Correct answer: C. It sits uneasily with the Charter prohibition on force.

Humanitarian arguments may be morally powerful, but unilateral force without Council authorisation remains highly contested under the Charter system.

Source note: UN Charter Article 2(4); use of force doctrine

Question 84HardUse of Force

Intervention by invitation is legally strongest when the invitation comes from:

  1. A

    A private company operating in the state.

  2. B

    Any foreign newspaper.

  3. C

    An opposition group in every circumstance.

  4. D

    The government with authority to represent the state.

View answer and explanation

Correct answer: D. The government with authority to represent the state.

Consent can affect the legality of foreign military presence, but validity of invitation becomes difficult where governmental legitimacy or civil war is contested.

Source note: Use of force doctrine

Question 85MediumUse of Force

Armed reprisals in peacetime are generally treated as:

  1. A

    Incompatible with the UN Charter prohibition on force.

  2. B

    A normal method of treaty interpretation.

  3. C

    A form of diplomatic immunity.

  4. D

    A requirement before mediation.

View answer and explanation

Correct answer: A. Incompatible with the UN Charter prohibition on force.

Modern international law is hostile to armed reprisals in peacetime. Countermeasures must be non-forcible.

Source note: UN Charter Article 2(4); ILC Articles on State Responsibility

Question 86EasyHuman Rights

International human rights law changed classical international law by recognising that:

  1. A

    Only states can ever be legal subjects.

  2. B

    Individuals may hold rights directly under international law.

  3. C

    Private contracts are the only source of rights.

  4. D

    Human rights apply only in outer space.

View answer and explanation

Correct answer: B. Individuals may hold rights directly under international law.

Human rights law gives individuals a direct legal position in international law, although enforcement mechanisms vary widely.

Source note: UDHR; ICCPR; ICESCR

Question 87MediumHuman Rights

Derogation in human rights treaties generally refers to:

  1. A

    Permanent extinction of all rights.

  2. B

    Automatic withdrawal from the treaty.

  3. C

    Temporary suspension or adjustment of certain obligations during a public emergency, subject to strict conditions.

  4. D

    Only interpretation of commercial treaties.

View answer and explanation

Correct answer: C. Temporary suspension or adjustment of certain obligations during a public emergency, subject to strict conditions.

Derogation clauses permit limited emergency measures. They are conditional and do not affect non-derogable rights.

Source note: ICCPR Article 4

Question 88EasyHuman Rights

A non-derogable right is one that:

  1. A

    Applies only during peace.

  2. B

    Can be ignored by executive order.

  3. C

    Exists only in domestic law.

  4. D

    Cannot be suspended even during a valid public emergency.

View answer and explanation

Correct answer: D. Cannot be suspended even during a valid public emergency.

Human rights treaties identify certain rights as non-derogable. The point is to preserve a minimum core even in crisis.

Source note: ICCPR Article 4

Question 89HardHuman Rights

Extraterritorial human rights obligations are most likely to arise where a state exercises:

  1. A

    Effective control over territory or authority over persons abroad.

  2. B

    Only distant political interest.

  3. C

    No factual connection at all.

  4. D

    Only voting rights in the UN.

View answer and explanation

Correct answer: A. Effective control over territory or authority over persons abroad.

Extraterritorial application remains contested, but effective control over territory or authority over persons is a common analytical basis.

Source note: Human rights jurisprudence on jurisdiction

Question 90EasyRefugee Law

Non-refoulement prohibits returning a person to a place where they face:

  1. A

    Any lower salary.

  2. B

    A relevant risk of persecution, torture, or serious prohibited harm.

  3. C

    A different climate.

  4. D

    A different legal education system.

View answer and explanation

Correct answer: B. A relevant risk of persecution, torture, or serious prohibited harm.

Non-refoulement is the protective core of refugee and human rights law. It prevents removal to serious danger recognised by law.

Source note: Refugee Convention Article 33; human rights law

Question 91MediumRefugee Law

The Refugee Convention definition requires a well-founded fear of persecution for reasons including race, religion, nationality, political opinion, or:

  1. A

    Preference for a particular climate.

  2. B

    Desire for higher wages alone.

  3. C

    Membership of a particular social group.

  4. D

    Any disagreement with a neighbour.

View answer and explanation

Correct answer: C. Membership of a particular social group.

The Convention grounds are specific. General hardship alone does not satisfy the refugee definition unless connected to a protected ground and persecution.

Source note: Refugee Convention 1951

Question 92EasyInternational Humanitarian Law

The principle of distinction requires parties to an armed conflict to distinguish between:

  1. A

    Treaties and custom only.

  2. B

    Embassies and consulates only.

  3. C

    Territorial sea and contiguous zone only.

  4. D

    Combatants and civilians, and military objectives and civilian objects.

View answer and explanation

Correct answer: D. Combatants and civilians, and military objectives and civilian objects.

Distinction is a foundational IHL principle. Direct attacks must be directed at lawful military objectives, not civilians or civilian objects.

Source note: Geneva Conventions and Additional Protocol I

Question 93MediumInternational Humanitarian Law

The ihl proportionality rule prohibits attacks expected to cause incidental civilian harm that would be:

  1. A

    Excessive in relation to the concrete and direct military advantage anticipated.

  2. B

    Any incidental harm whatsoever.

  3. C

    Any harm to military personnel.

  4. D

    Only environmental inconvenience.

View answer and explanation

Correct answer: A. Excessive in relation to the concrete and direct military advantage anticipated.

IHL proportionality balances expected incidental civilian harm against anticipated concrete and direct military advantage. It does not mean zero civilian harm in every lawful attack.

Source note: Additional Protocol I Article 51(5)(b)

Question 94MediumInternational Humanitarian Law

Common Article 3 of the Geneva Conventions is especially important because it applies minimum protections in:

  1. A

    Only diplomatic receptions.

  2. B

    Non-international armed conflicts.

  3. C

    Only maritime boundary disputes.

  4. D

    Only extradition cases.

View answer and explanation

Correct answer: B. Non-international armed conflicts.

Common Article 3 is sometimes described as a convention in miniature. It provides basic humane treatment rules in non-international armed conflicts.

Source note: Geneva Conventions Common Article 3

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