C, who is a suspected of committing genocide in the war in Country A in 1993 is found to be living in Country B in 2007. The international community is almost wholly of the opinion that C should be tried in relation to the allegations. Which of the following statements leas accurately applies the principle below?

All India Bar Examination (AIBE) 3-III Previous Year Question Papers with Answers

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85.

C, who is a suspected of committing genocide in the war in Country A in 1993 is found to be living in Country B in 2007. The international community is almost wholly of the opinion that C should be tried in relation to the allegations. Which of the following statements leas accurately applies the principle below?

Principle :

Certain crimes, including piracy, slavery, torture, genocide, and war crimes, are so prejudicial to the interests of all states that customers international law does not prohibit any country from exercising jurisdiction over them, wherever they take place and whatever. The nationality of the parties involved.

A: C may be extradited to Country A to face trial.

B: C may only be tried in the International Criminal Court.

C: C may be tried in Australia.

D: C may be tried in any country in the world.

E: C may be tried in Country A or Country B.

The answer is: B

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Explanation

The correct answer is B: C may only be tried in the International Criminal Court.

Explanation:

The principle mentioned in the scenario is related to certain crimes, including genocide, war crimes, and others, that are considered so egregious that they are subject to universal jurisdiction. Universal jurisdiction means that any country can exercise jurisdiction over these crimes, regardless of where they took place or the nationality of the parties involved. However, the International Criminal Court (ICC) was established to specifically address cases of these serious international crimes.

Here's a detailed explanation for each option:

A: C may be extradited to Country A to face trial.
- This option does not accurately apply the principle because it suggests that C can only be tried in Country A. According to the principle, other countries can also try individuals for such crimes.

B: C may only be tried in the International Criminal Court.
- This option accurately applies the principle. The ICC was established to prosecute individuals for crimes such as genocide and war crimes, and it has jurisdiction regardless of the country where the alleged crimes occurred or the nationality of the accused.

C: C may be tried in Australia.
- This option does not accurately apply the principle because it suggests that C can only be tried in Australia, which is not necessarily the case for crimes covered by universal jurisdiction.

D: C may be tried in any country in the world.
- This option is too broad and does not accurately reflect the limitations on jurisdiction imposed by the principle. While many countries can exercise jurisdiction over these crimes, there are still limitations and specific mechanisms, such as the ICC, in place for handling such cases.

E: C may be tried in Country A or Country B.
- This option does not accurately apply the principle because it limits the options to only Country A or Country B. Universal jurisdiction allows for a broader range of potential countries to try individuals for these crimes.

In summary, option B is the most accurate because it correctly states that C may only be tried in the International Criminal Court, which is in line with the principle of universal jurisdiction for crimes like genocide and war crimes.