Práctica 1: Derecho Internacional Público 2022-23

Nombre: ___________________________________________ Grupo: ____-

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A) Answer True (T) or False (F). After that justify the statement.

Example:

0- Only if I study, I will pass Public International Law.

(True) The study and knowledge of the regulatory legal framework, concepts and
development of the question is the best way to pass this subject.

1.- States are the only subjects of the international Society.

( False )In addition to States and International Organizations, other subjects exist in
International Law, but all of them of a limited or partial nature. The most significant
are, at present, the human being and the peoples.

2.- The United Nations Organization is the only international organization with general
purposes and universal vocation that has been created throughout history.
( ) _______________________________________________________________
_______________________________________________________________________
______________________________________________________________________

3.- The UN General Assembly has no competence to promote the self-determination

of the Peoples.
( false) The administering Powers are bound by the Charter to transmit to the United
Nations information on the situation in the Non-Self-Governing Territories.

4..- Dispositive international norms are not binding.

( ) _______________________________________________________________
_______________________________________________________________________
______________________________________________________________________

5.- The authentication of a treaty is a phase prior to the provision of consent.

(True) The granting of full powers to negotiate, authenticate or adopt the future
Treaty constitutes a preliminary phase, during which the competent national
authorities designate their representatives. This phase takes place within each State
and has not yet transcended abroad. According to art. 2.1.c of the Vienna Convention,
“full powers” is understood as a document emanating from the competent authority of
the State, and by which one or several persons are designated to represent the State in
the negotiation, adoption or authentication of the text of a Treaty, to express the
consent of the State to be bound by a Treaty or to perform any act with respect to a
Treaty

6.- A State may always withdraw a reservation it has previously formulated to an

international treaty.
( true ) Unless the treaty provide otherwise a reservation may be withdrawn at
any time and will not be required for its withdrawal the consent of the State that
accepted it.

States have the power to withdraw reservations that they have previously formulated;
in this way, they are granted a certain flexibility when assuming obligations, allowing
them to exclude or modify the effects.
( ) _______________________________________________________________
_______________________________________________________________________
______________________________________________________________________

7.- Under Spanish law, the conclusion of an international treaty always requires prior
consultation with the Constitutional Court.
(True) Article 95: the celebration of an internacional treaty that contains stipulations
contrario to the Constitution will require prior constitutional review.

8. A customary international norm cannot become a rule of mandatory law ("ius

cogens").
( True) customary law cannot be jus congens because the jus congens norms are
necessary norms that all nations have to comply with, such as the elimination of
torture, while the customary one is voluntary.

9. The general principles of law cannot be used to fill gaps in the international legal
order.
( False) Article 38 of the statute of the international court of justice talks about how to
apply conventions, custom, general principles of law recognized by civilized nations
and judicial decisions for the interpretation of norms

10. The jurisprudence of international courts is totally irrelevant for subsequent cases.
( ) _______________________________________________________________
_______________________________________________________________________
______________________________________________________________________

11. The International Court or Tribunal of Justice (ICJ-ICJ) can never decide a case on
the basis of equity.
( ) _______________________________________________________________
_______________________________________________________________________
______________________________________________________________________

12. All resolutions of the International Organizations are binding on their Member
States
(False) The nature of these provisions may or may not be binding on the Member
States, depending on which body issues it and under which chapter or article of the
Charter it is invoked.

13. Acquiescence never operates in international law.

( False) acquiescence in a concretion in the field of international law, it is presumed
that he consents who remains inactive. Acquiescence appears as a presumed response
to a fact, situation or claim that implies its acceptance.

14. International treaties are only governed by international law.

( True) An international treaty is a legal norm of an international nature, binding and
obligatory for the States that sign it, normally written by subjects of international law
and that is governed by it, which may consist of one or more legal instruments and its
name is indifferent. .

15.- In Spain, the conclusion of some international treaties requires the authorization
of the Cortes Generales by means of an organic law.
( True) Article 93. By means of the organic law, the celebration of treaties may be
authorized by which the exercise of powers derived from the Constitution is attributed
to an international organization or institution.

16. International treaties acquire passive force before the law, that is to say, their
provisions can only be repealed or modified in the manner provided for in the treaties
themselves or in accordance with the general rules of international law.
( True) Validly concluded international treaties, once officially published in Spain, will
form part of the internal legal system. Its provisions may only be repealed, modified or
suspended in the manner provided in the treaties themselves or in accordance with
the general rules of international law.

17. International treaties may create rights and obligations for individuals.
( True) International human rights law establishes the obligations that States must
respect. By becoming parties to international treaties, States assume obligations and
duties, under international law, to respect, protect and fulfill human rights.

18. International treaties have the capacity to legally bind not only the organization
itself, but also, in certain cases, individuals (external or ad extra )
(false) Acts with ad extra effects are the reflection of an action that transcends the
organization in its legal effects. Their regulatory nature and their degree of obligation
always depend on the competence of the body from which they emanate, and,
therefore, it will be necessary to follow the provisions of each Constitutive Treaty to
determine their legal value regardless of the name used, be it is the resolution,
decision, directive, declaration or any other.

19. In Spain, international treaties may be repealed by a subsequent law.

( False) subsection of article 96.1. It could be understood that all treaties, in principle,
even those that do not require authorization from the Courts, have a higher rank than
laws because they can only be modified or repealed in the manner provided in the
treaty itself, with which a subsequent law could not modify a treaty, even in those
cases in which parliamentary authorization is not required.

20. The provisions of international treaties may only be repealed or modified in the
manner provided for in the treaties themselves or in accordance with the general rules
of international law.
( true)

PART II

CASE 1: GAMBIA'S CLAIM AGAINST MYANMAR BEFORE THE

INTERNATIONAL COURT OR TRIBUNAL OF JUSTICE (IJCJ-TIJ) FOR
GENOCIDE

On November 11, 2019, The Gambia filed a lawsuit against Myanmar (Asian
country formerly known as Burma) before the International Court or Tribunal of
Justice (ICJ-ICJ). The Gambia alleges that the Myanmar authorities have, at
least since 2017, committed genocide against members of the Rohingya group,
involving the violation by this Asian country of an important international treaty,
the 1948 Convention on the Prevention and Punishment of the Crime of
Genocide (hereinafter the Genocide Convention). This case has been
prosecuted by the ICJ-ICTY, where Myanmar's leader, Aung Sang Suu Kyi, has
already testified and tried to deny the accusations made against her country.

Search, through the Internet (in particular, in the following site of the United
Nations Treaty Collection: https://treaties.un.org/pages/participationstatus.aspx?
clang=_en) or other sources, the text of the Genocide Convention and other
information about it and answer the following questions:

1.1. Who adopted the text of the Convention against Genocide and through what instrument?

1.2. Indicate, briefly, what does genocide consist of and what specific historical facts led to the
adoption of this Convention?

1.3. On what date did the Convention against Genocide enter into force? What requirements
had to be met for this entry into force?

1.4. How many States are currently parties to the Genocide Convention?

1.5. When did Spain accede to the Genocide Convention? Has it been published in the Official
State Gazette (BOE)? Add link

1.6. When did Myanmar ratify the Convention against Genocide? And when did Cambodia
accede to it?

1.7. Indicate briefly how Cambodia can argue that genocide has been committed in Myanmar?
1.8. Why is it stated that the norms of the Genocide Convention are "erga omnes" parts?

1.9. If Myanmar were not a party to the Genocide Convention, could this Asian state still be
held internationally responsible for a crime of genocide?

1.10 Briefly explain the result of the judgment.