Question

Hypothetically, if The Gambian state was to exercise criminal jurisdiction over the persons responsible for Crimes of Genocide, then such jurisdiction would be called as:

• A. Extra-territorial jurisdiction
• B. Universal jurisdiction
• C. Contentious jurisdiction
• D. A state cannot exercise jurisdiction over such crimes without having any connection with them
• A. Obligations that are so integral to the subject and purpose of the treaty that no reservations or derogations are permissible
• B. Obligations arising out of customary principles of international law that states have not objected to
• C. Obligations essentially arising after gaining membership of the United Nations
• D. Both (A) and (B)
• A. No, as The Gambia cannot fulfill the conditions stipulated in Article 44 (a)
• B. Yes, as the nationals of The Gambia have also faced persecution from Myanmar
• C. Yes, the Article has no relevance as the Genocide Convention expects the accomplishment of its high purposes
• D. No, Bangladesh is an appropriate state to bring claims and hold Myanmar internationally responsible.
• A. Yes, because Bangladesh is the injured state and its reservation imposes a restriction on dispute itself precluding any state from raising it
• B. No, it does not affect the locus standi of The Gambia as being party to the Convention, it has its own right
• C. No, Gambia can only file the dispute before ICJ after Bangladesh consents to the same
• D. Option (A) subject to (C).
• A. Maintainable, as the reservation explicitly prohibits the intervention of UN organs.
• B. Not maintainable, as Article VIII concerns the discretionary function which is different from the judicial function of the ICJ
• C. Maintainable, as the two provisions of the treaty i.e., Article VIII and IX are to be interpreted harmoniously
• D. Not maintainable, as ICJ as a successor of PCIJ is regulated by the Statute of ICJ and not the UN Charter

Answer 1

The Correct Option is B

Universal jurisdiction permits a state to prosecute an individual for a crime, irrespective of the crime's location, particularly for severe offenses like genocide.
The correct answer is (B): Universal jurisdiction

Answer 2

“Erga omnes partes” signifies crucial treaty obligations where reservations or exceptions are forbidden, emphasizing their universally binding character.
The correct choice is (A): Obligations vital to the treaty's core, preventing any reservations or exceptions.

Answer 3

The Genocide Convention universally protects human rights, enabling uninvolved states to pursue its goals, thus rendering Article 44(a) irrelevant.
The correct choice is (C): Yes, the Article is irrelevant because the Genocide Convention's primary purpose is to achieve its critical objectives.

Answer 4

Bangladesh's reservation doesn't impact The Gambia's ability to independently pursue a case under the Genocide Convention, as a signatory with a shared interest in its application.
The correct answer is (B): No, The Gambia's legal standing as a Convention party remains unaffected; it retains its independent right.

Answer 5

The claim fails because Article VIII addresses UN organs' discretionary actions, unlike the ICJ's judicial role under Article IX. The ICJ's Statute governs its operations, distinct from the UN Charter's discretionary powers.
The correct answer is (B): Not maintainable, as Article VIII relates to discretionary functions, which differ from the ICJ's judicial function.