UK Military Accused of War Crimes in Afghanistan, Investigation Underway

Answer: D

Statement 1 is correct: The principle of distinction requires parties to a conflict to distinguish between combatants and civilians, and between military objectives and civilian objects, and to direct attacks only against military objectives. Statement 2 is correct: The principle of proportionality prohibits attacks that may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated. Statement 3 is correct: While the ICC primarily exercises jurisdiction over nationals of State Parties or crimes committed on the territory of State Parties, the UN Security Council can refer situations to the ICC, granting it jurisdiction even if the states involved are not parties to the Rome Statute. Additionally, universal jurisdiction allows national courts to prosecute certain international crimes regardless of where they were committed or the nationality of the perpetrator or victim.

Answer: D

Statement A is correct: The ICJ's primary function is to settle legal disputes submitted to it by states and to give advisory opinions on legal questions referred to it by authorized UN organs and specialized agencies. It does not prosecute individuals. Statement B is correct: Command responsibility is a well-established principle in international criminal law. Statement C is correct: Universal jurisdiction is a crucial tool for prosecuting grave international crimes. Statement D is NOT correct: The ICC can initiate investigations if the state where the crimes occurred or the state of the accused's nationality is a party to the Rome Statute. However, the UN Security Council *can* refer a situation to the ICC, granting it jurisdiction even if the states involved are not parties to the Rome Statute. The 'and has not referred the case' part makes the statement incorrect, as a UNSC referral is an *additional* pathway, not a limiting condition in the absence of state party status.

Answer: A

I. Jus ad bellum (2): This refers to the conditions under which states may legitimately resort to war or use armed force. It governs the 'right to war'. II. Jus in bello (1): This refers to the law that governs the conduct of parties during armed conflict. It dictates what is permissible and impermissible in warfare, regardless of whether the war itself is just. This is where IHL principles like distinction, proportionality, and humanity fall. III. Principle of Humanity (3): This principle prohibits the infliction of suffering, injury, or destruction not necessary for legitimate military objectives. It underpins many IHL rules. IV. Principle of Military Necessity (4): This principle allows measures indispensable for securing the complete submission of the enemy as soon as possible, not forbidden by international law. It is always balanced against the principle of humanity and other IHL rules. Therefore, the correct match is I-2, II-1, III-3, IV-4.