Iicl 2024 Exam With Complete Solutions

Nuremberg trials {Ans: a. Art. 6 of IMT gave jurisdiction (ratione materiae, personae, temporis, loci) b. Art. 7 of IMT rank in government doesn't absolve liability (official position is irrelevant) c. Art. 8 IMT superior orders not a defense but may mitigate i. Necessity defense may apply (kill or be killed) 2. Concnerns that principle of legality would be violated; counterarguement was that Nazis knew they were committing crimes a. 19/22 tried got death penalty 3. control council law n. 10 trials for lower nazi officials a. ferenz case—largest murder trial in history b. justice case—nazi attorneys and judges tried i. 16 defendants charged w/ CAH and war crimes ii. 10/16 convicted—4 got life 6 got 5-10 yrs c. doctors organizing medical experiments}NY South Africa Apartheid example {Ans: a) NY statute sought to regulate activities of corporations in S. Africa b) DOJ opinion - courts balance the degree to which the statute intrudes on foreign affairs against the degree to which the exercise of state power falls within traditional state powers and does not infringe on foreign affairs c) NY law pushed US to pass 1986 Anti-Apartheid Act}Genocide convention {Ans: 1. 1948 codified whether in peace or