Instructions:
I. Read carefully:Read the prompts and questions carefully.
2. Respond completely and persuasively: Respond to the prompts and questions fully and completely. Be sure to support your answers with evidence from the course materials. Note that no additional research is needed for this exam. Only the assigned course readings are necessary.
3. Reference course materials: Explicitly cite any supporting sources within your response. You do not need exact quotations or page numbers unless the precise wording matters for your argument. Moreover, a formal bibliography is not necessary. In-text references to authors or documents are sufficient. For example, the following would be sufficient: “The conduct described in the prompt would constitute a war crime. As described by the ICRC, attacking forces are prohibited… However, the conduct does not rise to the level of genocide. According to the Genocide Convention… Still, the conduct could still constitute a crime against humanity. According to the Rome Statue, crimes against humanity include ”
4. Academic Integrity: The responses should be your own individual work in accordance with CUNY’s policy on Academic Integrity.
5. Presentation and style: Use formal language. Answer in complete sentences. Remember to proofread.
6. Formatting: The exam should be in 12-point, Times New Roman font, double spaced, with standard one-inch margins.
MIDTERM — ICJ 101 — SPRING 2023
1. Assess events T1 and T3 above. Do they amount to war crimes, genocide, or crimes against humanity? Why or why not? Make a case for each international crime. (3 points)
2. Assess events T2 and T4. Do they amount to war crimes, genocide, or crimes against humanity? Why or why not? Make a case for each international crime. (3 points)
3. As you saw, Arcadia referred the situation in occupied Arcadia to the International Criminal Court (ICC). Based on what you have read, and what you learned about the ICC, would the ICC have jurisdiction in this situation? Why or why not? If the ICC does have jurisdiction, who could conceivably face prosecution? Who should not? (4 points)
Part B. Short responses Answer the following two questions in a few sentences. Be sure to reference the course materials.
4. Your friend is reading a newspaper. They see a headline about a German court prosecuting a Syrian member of the Islamic State for alleged international crimes committed against Syrian nationals in Syria. Your friend is surprised. They point out that the crime did not affect a German national. They also point out that the crime was not committed on German territory. They ask you to explain how Germany could justifiably claim jurisdiction. In a few sentences, detail how you would respond to your friend. Answer in your own words. (2 points)
5. We studied various international courts and tribunals in this course, including the International Criminal Tribunal for the Former Yugoslavia (ICTY), the International Criminal Tribunal for Rwanda (ICTR), and the International Criminal Court (ICC). What do the ICTY and the ICTR have in common? And how do they differ from the ICC? Answer in a few sentences in your own words. (2 points)
Part C. Extended response Answer the following question in a few paragraphs (not exceeding 300 words). Be sure to reference the course materials.
6. In this course we studied at length the international legal definition of genocide (as articulated in the Genocide Convention, and largely reproduced in the Rome Statute). Many consider features of the legal definition of genocide to be flawed. Write an essay of a few paragraphs (250-300 words) explaining what you consider to be two most serious flaws of the legal definition of genocide. In your response, be sure to explain exactly why you think these are flaws. (6 points)
