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Crimes against humanity Wiki2Web Clarity Challenge

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Study Guide: International Law: Crimes Against Humanity

Cheat Sheet:
International Law: Crimes Against Humanity Study Guide

Foundational Concepts and Definitions

Crimes against humanity are exclusively defined as serious crimes committed during wartime against civilian populations.

Answer: False

Explanation: Crimes against humanity are defined as serious crimes committed as part of a large-scale or systematic attack directed against any civilian population. Crucially, these acts can be committed during both peacetime and wartime, not exclusively during wartime.

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M. Cherif Bassiouni asserts that crimes against humanity are considered *jus cogens*, representing fundamental norms of international law.

Answer: True

Explanation: M. Cherif Bassiouni posits that crimes against humanity constitute *jus cogens*, signifying fundamental and non-derogable norms within international law.

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The definition of crimes against humanity under the Rome Statute requires the attack to be directed against a specific nationality.

Answer: False

Explanation: The definition of crimes against humanity under the Rome Statute requires the attack to be directed against any civilian population, not necessarily a specific nationality. While persecution on grounds like nationality is prohibited, the attack itself can be broader.

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Which of the following is a fundamental characteristic of crimes against humanity according to international law?

Answer: They are defined as serious crimes committed as part of a large-scale or systematic attack directed against any civilian population.

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How do crimes against humanity fundamentally differ from war crimes regarding timing?

Answer: Crimes against humanity can be committed during both peacetime and wartime.

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Which of the following is NOT considered one of the four core crimes in international criminal law?

Answer: Terrorism

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How does the Rome Statute define the 'widespread or systematic attack' criterion for crimes against humanity?

Answer: A course of conduct involving multiple commission of prohibited acts against a civilian population, pursuant to or in furtherance of a state or organizational policy.

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Historical Development and Early Recognition

George Washington Williams first used the term 'crimes against humanity' in the late 19th century to describe atrocities in the Congo Free State.

Answer: True

Explanation: George Washington Williams, an American minister and historian, first employed the term 'crimes against humanity' in 1890 to denote the atrocities perpetrated under Leopold II's administration in the Congo Free State.

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The 1915 declaration by the Allied Powers was the first time a government was officially charged with crimes against humanity.

Answer: True

Explanation: The 1915 declaration by the Allied Powers (Britain, France, and Russia) explicitly condemned atrocities committed by Turkey as 'a crime against humanity,' representing the first instance where a government was officially charged with such an offense.

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The Hague Conventions of 1899 and 1907 explicitly defined and prohibited crimes against humanity.

Answer: False

Explanation: While the preambles of the Hague Conventions of 1899 and 1907 incorporated references to the 'laws of humanity,' they did not explicitly define or prohibit crimes against humanity as a distinct legal category.

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The Nuremberg trials were the first instance where crimes against humanity were prosecuted.

Answer: True

Explanation: The foundational prosecutions for crimes against humanity were conducted during the Nuremberg trials, which targeted leaders and collaborators of Nazi Germany.

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Where did the initial prosecutions for crimes against humanity primarily take place?

Answer: The Nuremberg trials

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How has the legal framework for crimes against humanity primarily evolved historically?

Answer: Primarily through the evolution of customary international law.

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What historical event marked the first time a government was officially charged with 'crimes against humanity'?

Answer: The 1915 declaration by the Allied Powers regarding Turkish atrocities

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Who is recognized for first using the term 'crimes against humanity' in the late 19th century?

Answer: George Washington Williams

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Specific Prohibited Acts

Apartheid was officially recognized as a crime against humanity by the United Nations General Assembly in 1976.

Answer: True

Explanation: Apartheid was formally recognized as a crime against humanity via the International Convention on the Suppression and Punishment of the Crime of Apartheid, adopted in 1973, and subsequently by the United Nations General Assembly in 1976.

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The Rome Statute lists fewer than ten specific acts that can be classified as crimes against humanity.

Answer: False

Explanation: The Rome Statute enumerates eleven distinct categories of acts that may constitute crimes against humanity, including murder, extermination, enslavement, torture, rape, and enforced disappearance.

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UN Security Council Resolution 1820 (2008) stated that sexual violence in conflict zones could only be considered war crimes.

Answer: False

Explanation: UN Security Council Resolution 1820 (2008) affirmed that rape and other forms of sexual violence occurring in conflict zones may be classified as war crimes, crimes against humanity, or constitutive acts related to genocide.

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Which of the following acts is listed in the Rome Statute as a potential crime against humanity?

Answer: Torture

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Which of the following is explicitly included in the Rome Statute's list of crimes against humanity?

Answer: Enforced disappearance of persons

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According to the source, how was apartheid recognized in international law?

Answer: As a crime against humanity by the United Nations General Assembly in 1976.

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What did UN Security Council Resolution 1820 (2008) affirm regarding sexual violence in conflict?

Answer: It recognized sexual violence could be considered war crimes, crimes against humanity, or related to genocide.

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Which of the following is NOT explicitly listed as a type of sexual violence considered a crime against humanity under the Rome Statute?

Answer: Forced marriage

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Jurisdiction and Prosecution Principles

Crimes against humanity, under international law, generally have no temporal or jurisdictional limitations for prosecution.

Answer: True

Explanation: In principle, crimes against humanity, akin to other grave international offenses, are not subject to temporal or jurisdictional statutes of limitations, especially when universal jurisdiction is applicable.

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The International Criminal Court (ICC) can only exercise jurisdiction over crimes against humanity if they occur in non-party states.

Answer: False

Explanation: The ICC may exercise jurisdiction over crimes against humanity if the offenses occurred within the territory of a State Party to the Rome Statute, if a situation is referred by a non-party state, or if the UN Security Council refers a case to the Court.

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The Nuremberg Trials established the principle of worldwide jurisdiction only for minor war crimes.

Answer: False

Explanation: The Nuremberg Trials established the seminal principle of worldwide jurisdiction for severe war crimes and crimes against humanity, permitting prosecution irrespective of the geographical locus of the offense or the nationalities of the parties involved, not solely for minor offenses.

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What is generally true about the temporal and jurisdictional limitations for prosecuting crimes against humanity?

Answer: There are generally no temporal or jurisdictional limitations, especially where universal jurisdiction is recognized.

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What legal principle regarding jurisdiction for severe war crimes was established by the Nuremberg Trials?

Answer: Worldwide jurisdiction was established, irrespective of location or nationality.

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Contemporary Issues and Case Law

The Goldstone report concluded that only Hamas forces may have committed crimes against humanity during the 2008-2009 Gaza War.

Answer: False

Explanation: The Goldstone report indicated that both Israeli and Hamas forces potentially committed crimes against humanity, citing concerns such as disproportionate force and civilian targeting by Israel, and indiscriminate rocket attacks by Hamas.

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The UN Human Rights Office assessment in 2019 found no evidence of international crimes in Xinjiang.

Answer: False

Explanation: The UN Human Rights Office assessment concluded that the extensive arbitrary and discriminatory detention of Uyghurs and other Muslim groups in Xinjiang since 2017 could constitute international crimes, specifically crimes against humanity.

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The Myanmar military's actions against the Rohingya Muslims have been described as genocide and ethnic cleansing by international organizations.

Answer: True

Explanation: The actions perpetrated by the Myanmar military against the Rohingya Muslims, encompassing killings and widespread rape, have been characterized as crimes against humanity, genocide, and ethnic cleansing by entities such as the United Nations and Amnesty International.

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The International Criminal Court (ICC) has issued arrest warrants for Benjamin Netanyahu and Yoav Gallant related to alleged war crimes and crimes against humanity in Gaza.

Answer: True

Explanation: The International Criminal Court issued arrest warrants for Benjamin Netanyahu and Yoav Gallant, citing alleged war crimes and crimes against humanity, with specific emphasis on the deliberate starvation of civilians in Gaza as a weapon of war.

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The UN Human Rights Council resolution in April 2024 called for accountability for potential war crimes and crimes against humanity in Gaza and demanded an end to arms sales to Israel.

Answer: True

Explanation: The UN Human Rights Council adopted a resolution demanding accountability for Israel regarding potential war crimes and crimes against humanity in Gaza, and calling for a cessation of arms sales to Israel.

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The United Arab Emirates (UAE) has faced scrutiny for allegedly supporting the Sudanese Armed Forces (SAF) in the conflict in Sudan.

Answer: False

Explanation: The United Arab Emirates (UAE) has encountered considerable international scrutiny for allegedly exacerbating atrocities in Sudan through the provision of military equipment and support to the Rapid Support Forces (RSF), potentially contravening UN arms embargoes, not the SAF.

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Former Philippine president Rodrigo Duterte was arrested based on an ICC warrant related to alleged extrajudicial killings during his 'war on drugs'.

Answer: True

Explanation: Former Philippine president Rodrigo Duterte was apprehended pursuant to an International Criminal Court (ICC) warrant concerning alleged extrajudicial killings perpetrated during his 'war on drugs,' which are classified as crimes against humanity.

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What did the Goldstone report suggest regarding actions during the 2008-2009 Gaza War?

Answer: Both Israeli and Hamas forces may have committed crimes against humanity.

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What did UN investigators state in 2019 concerning Israeli troops and Gaza protests?

Answer: They stated Israeli troops might have committed crimes against humanity.

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The UN Human Rights Office assessment regarding Xinjiang concluded that detention of Uyghurs may constitute:

Answer: International crimes, specifically crimes against humanity

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How have the actions against the Rohingya Muslims in Myanmar been characterized by international bodies?

Answer: As crimes against humanity, genocide, and ethnic cleansing

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For which alleged crimes did the ICC issue arrest warrants for Benjamin Netanyahu and Yoav Gallant?

Answer: War crimes and crimes against humanity, including deliberate starvation

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What did a UN fact-finding mission report regarding the Iranian regime's actions during the 'Woman, Life, Freedom' movement?

Answer: That the actions constituted systematic and egregious institutionalized crimes against humanity.

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