Judiciary question bank
Judiciary International Law questions 95-117 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.
Coverage
Practice judiciary exam MCQs with answers and explanations across substantive law, procedure, evidence, constitutional law, and state judicial service subjects.
No legal obligations in war.
Immunity for genocide.
Combatant privilege and prisoner-of-war protection upon capture.
A right to target civilians.
Correct answer: C. Combatant privilege and prisoner-of-war protection upon capture.
Combatant status carries both privileges and obligations. It does not authorise violations of IHL.
Source note: Geneva Conventions and Additional Protocol I
Any political party as such under the Genocide Convention.
Any private corporation.
Any military objective.
A protected national, ethnical, racial, or religious group as such.
Correct answer: D. A protected national, ethnical, racial, or religious group as such.
Genocide requires dolus specialis directed at a protected group. The Convention does not list political groups as protected groups.
Source note: Genocide Convention 1948
A civilian population.
Only a military base.
Only embassy property.
Only a treaty depositary.
Correct answer: A. A civilian population.
Crimes against humanity are not defined by isolated wrongdoing alone. They require the contextual element of a widespread or systematic attack on a civilian population.
Source note: Rome Statute Article 7
Only a trade dispute.
An armed conflict.
Only diplomatic recognition.
Only state succession.
Correct answer: B. An armed conflict.
War crimes are serious violations of IHL linked to an armed conflict. The armed-conflict nexus distinguishes them from ordinary domestic crimes.
Source note: Rome Statute Article 8
Held a ceremonial title with no control.
Belonged to a different nationality.
Failed to take necessary and reasonable measures to prevent or punish them.
Signed an unrelated treaty.
Correct answer: C. Failed to take necessary and reasonable measures to prevent or punish them.
Superior responsibility links authority, knowledge, and failure to act. It is not strict liability based only on rank.
Source note: Rome Statute Article 28
Always functioning perfectly.
The only courts with jurisdiction.
Responsible for maritime delimitation.
Unwilling or unable genuinely to investigate or prosecute.
Correct answer: D. Unwilling or unable genuinely to investigate or prosecute.
The ICC is not intended to replace national courts in every case. Complementarity makes it a court of last resort where genuine domestic action is absent.
Source note: Rome Statute Article 17
Individuals may incur criminal responsibility directly under international law.
Only states can be criminally punished.
International crimes are only civil wrongs.
Official rank always bars prosecution forever.
Correct answer: A. Individuals may incur criminal responsibility directly under international law.
From Nuremberg onward, international law has recognised direct individual criminal responsibility for serious international crimes.
Source note: Nuremberg principles; Rome Statute
Automatically eliminates all criminal responsibility.
Does not exempt a person from criminal responsibility under the Statute.
Applies only to commercial arbitration.
Creates immunity for private companies.
Correct answer: B. Does not exempt a person from criminal responsibility under the Statute.
Article 27 Rome Statute rejects official-capacity immunity before the ICC. Questions of arrest and cooperation can still raise separate legal and practical issues.
Source note: Rome Statute Article 27
Trade only with neighbouring states.
Give preference only to former colonies.
Extend an advantage granted to one member to like products or services of other members, subject to exceptions.
Abolish all tariffs immediately.
Correct answer: C. Extend an advantage granted to one member to like products or services of other members, subject to exceptions.
MFN is a non-discrimination principle. Its exact application depends on the relevant WTO agreement and recognised exceptions.
Source note: GATT Article I; GATS Article II
Domestic products only.
Diplomats at airports.
Refugees seeking asylum.
Imported products after they have entered the domestic market.
Correct answer: D. Imported products after they have entered the domestic market.
National treatment requires imported and domestic like products to be treated without protective discrimination after importation, subject to the agreement's precise terms.
Source note: GATT Article III
Members bring claims against other members under WTO agreements.
Private consumers file criminal appeals directly.
The ICJ hears every WTO case automatically.
Only corporations vote in the Dispute Settlement Body.
Correct answer: A. Members bring claims against other members under WTO agreements.
WTO dispute settlement is structured around members. Private actors may influence disputes domestically, but they are not direct parties before panels.
Source note: WTO Dispute Settlement Understanding
A guarantee of profit in every investment.
Protection against arbitrariness, denial of justice, and serious unfairness by the host state.
Complete immunity from domestic regulation.
A right to avoid all taxation.
Correct answer: B. Protection against arbitrariness, denial of justice, and serious unfairness by the host state.
FET standards vary by treaty, but they commonly address fairness, due process, legitimate expectations, and arbitrary state conduct. They do not insure commercial success.
Source note: Investment treaty arbitration doctrine
Merely regulate without serious economic impact in every case.
Only involve physical seizure of land.
Substantially deprive the investor of the use or value of the investment without formal transfer of title.
Only apply to diplomatic premises.
Correct answer: C. Substantially deprive the investor of the use or value of the investment without formal transfer of title.
Indirect expropriation focuses on effect rather than formal title. The line between compensable expropriation and legitimate regulation is often contested.
Source note: Investment treaty arbitration doctrine
Litigate in every forum simultaneously.
Avoid all domestic remedies forever.
Submit disputes only to the Security Council.
Choose between available dispute forums, with consequences once a choice is made.
Correct answer: D. Choose between available dispute forums, with consequences once a choice is made.
Fork-in-the-road clauses try to prevent duplicative litigation by making the investor's forum choice legally significant.
Source note: Investment treaty dispute settlement doctrine
Sets minimum standards for protection and enforcement of intellectual property within the WTO system.
Abolishes all patents worldwide.
Deals only with extradition.
Creates diplomatic immunity for inventors.
Correct answer: A. Sets minimum standards for protection and enforcement of intellectual property within the WTO system.
TRIPS integrates intellectual property standards into the WTO framework and links them with dispute settlement.
Source note: TRIPS Agreement
Only a domestic press release.
The chapeau, which guards against arbitrary or unjustifiable discrimination and disguised restriction.
A requirement of military occupation.
Automatic approval by private exporters.
Correct answer: B. The chapeau, which guards against arbitrary or unjustifiable discrimination and disguised restriction.
Article XX analysis has two stages: the measure must fit a paragraph and must satisfy the chapeau's anti-abuse discipline.
Source note: GATT Article XX; WTO jurisprudence
Still be bound once a few major powers support the rule
Avoid the rule as against itself, provided the rule is not jus cogens
Escape any treaty obligation as well
Bind other states by unilateral declaration
Correct answer: B. Avoid the rule as against itself, provided the rule is not jus cogens
The persistent objector doctrine is a narrow exception to custom. A state that objects consistently from the outset may avoid the rule as against itself, but it cannot opt out of peremptory norms.
Source note: Customary international law doctrine
A permanent population
A defined territory
A democratic constitution
Capacity to enter into relations with other states
Correct answer: C. A democratic constitution
The Montevideo formulation speaks of population, territory, government, and capacity for international relations. It does not require any particular constitutional ideology such as democracy.
Source note: Montevideo Convention doctrine
All predecessor treaties automatically continue without exception
The new state is not automatically bound by every predecessor treaty simply by reason of succession
The predecessor state loses all treaty rights everywhere
Customary rules stop applying to the new state
Correct answer: B. The new state is not automatically bound by every predecessor treaty simply by reason of succession
The clean slate idea is most often linked with newly independent states. It means they are not automatically tied to all predecessor treaties merely because the territory changed hands.
Source note: State succession doctrine
A purely symbolic paper connection
A genuine and effective link
Residence for at least one week
Only military service
Correct answer: B. A genuine and effective link
The Nottebohm case is often associated with effective nationality. It emphasised the need for a real connection in certain international claims settings.
Source note: Nottebohm principle
The exact wording of the offence must be identical in both states
The conduct underlying the request should be criminal in both legal systems
Only the requesting state must criminalise the conduct
Only political offences qualify
Correct answer: B. The conduct underlying the request should be criminal in both legal systems
Double criminality looks to the substance of the conduct, not necessarily to identical statutory labels. The act must generally amount to an offence in both jurisdictions.
Source note: Extradition doctrine
Parking violations abroad
Piracy on the high seas
Ordinary breach of contract
Election disputes in another state
Correct answer: B. Piracy on the high seas
Piracy is the traditional and clearest example of universal jurisdiction. The offender may be prosecuted by any state because the crime is treated as one of concern to all.
Source note: Classical universal jurisdiction doctrine
Only private commercial acts of former officials
Certain incumbent high-ranking state officials from foreign jurisdiction while they remain in office
All retired officials forever
Every public employee regardless of rank
Correct answer: B. Certain incumbent high-ranking state officials from foreign jurisdiction while they remain in office
This immunity is status based and temporary. It attaches to certain incumbent officeholders such as heads of state, heads of government, and foreign ministers while they are in office.
Source note: Immunity doctrine