The Rome Statute

• Maatschappijleer
• Middelbare school
• vwo
• Leerjaar 5

The Rome Statute

• This lesson + the questions will guide you through (parts of) the Rome Statute; 
• There are multiple choice questions, drag questions, open answer questions and opinion questions;
• Afterwards the lesson will be made available for you, but only when you've enrolled yourself into the class (5Vgls 2020 - 2021, code mznaz)

1. What does the Rome Statute aim at? (one answer possible)

1. To prosecute and punish the perpetrators of serious crimes
2. To establish worldwide justice and peace
3. To prevent all crimes in the world
4. All of the above

2. How has the International Criminal Court come into existence?

3. Are there any restrictions to the jurisdiction of the ICC? If so, which are they? (one answer possible)

1. No, there are no restrictions
2. Yes, there are restrictions in types of crimes that can be prosecuted
3. Yes, there are restrictions in which countries crimes can be prosecuted
4. Yes, no heads of states can be prosecuted

4. Who can start proceedings at the ICC?

Yes, they/he/she can

No, they/he/she can't

A Public Prosecutor of a state party

A citizen from a state party

The Security Council of the UN

A State Party to the Rome Statute

The Public Prosecutor of the ICC

5. When prosecuting a suspect and judging a case, what rules does the ICC have to apply? (more answers possible)

1. the Rome Statute and accompanying documents
2. Applicable treaties
3. Principles and rules of international law
4. The human right law

6. Does the Public Prosecutor always start proceedings against a suspect? (more answers possible)

1. Not if there is no reasonable basis to believe that crimes have been committed
2. Provided a State party is unwilling or unable to prosecute
3. Yes, always
4. Provided an investigation serves the interest of justice

7a. What do these general principles of criminal law entail?

You are innocent until proven guilty

You can only be prosecuted for a crime that has been laid down as such in the law

You can only be punished on the basis of the law

You can’t be prosecuted for the same crime twice

Ne bis in idem

Nullum crimen sine lege

Nulla poena sine lege

Presumption of innocence

7b. Why do you think these principles exist?

8a. Which conditions are posed with respect to a sentence? (more answers possible)

1. Evidence and submissions must be taken into account
2. The suspect must have confessed to the charges
3. The suspect must be present when the judgement is pronounced
4. The sentence is pronounced in public

8b. Which penalty can NOT be imposed by the ICC ? (one answer possible)

1. Imprisonment
2. Death penalty
3. Fine
4. Forfeiture of proceeds, property and assets

9. Who can appeal against a decision or a sentence?

10. What was the legal basis for the conviction of Thomas Lubanga Dyilo? (one answer possible)

1. Crimes against humanity (art. 7)
2. War crimes (art. 8)
3. Crimes of aggression (art. 8 bis)
4. Genocide (art. 6)

Mr. Lubanga was sentenced to 14 years imprisonment? What is your opinion on that verdict?