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Which of the following are possible advantages of criminalizing certainconduct as an ‘international crime’ as opposed to an ‘ordinary crime’?Check all that apply1 pointIt allows holding individuals accountable even if the conduct was not a crime at the time it took placeIt allows holding perpetrators accountable even when the national law does not criminalize the conduct in questionIt may enable courts to exercise jurisdiction over State officials who enjoy immunity.

Question

Which of the following are possible advantages of criminalizing certainconduct as an ‘international crime’ as opposed to an ‘ordinary crime’?Check all that apply1 pointIt allows holding individuals accountable even if the conduct was not a crime at the time it took placeIt allows holding perpetrators accountable even when the national law does not criminalize the conduct in questionIt may enable courts to exercise jurisdiction over State officials who enjoy immunity.

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Solution

The possible advantages of criminalizing certain conduct as an 'international crime' as opposed to an 'ordinary crime' are:

  1. It allows holding individuals accountable even if the conduct was not a crime at the time it took place: This is not typically an advantage. In general, laws operate under the principle of legality, which means that a person cannot be held accountable for an act that was not a crime at the time it was committed. This principle is recognized in international law, including in the Rome Statute of the International Criminal Court.

  2. It allows holding perpetrators accountable even when the national law does not criminalize the conduct in question: This is a potential advantage. International crimes are often acts that are considered harmful not just to specific individuals, but to the international community as a whole. Therefore, even if a country's national law does not criminalize a certain act, the perpetrator can still be held accountable under international law.

  3. It may enable courts to exercise jurisdiction over State officials who enjoy immunity: This is another potential advantage. State officials often enjoy immunity from prosecution under their own country's laws. However, this immunity does not always protect them from prosecution for international crimes. For example, the International Criminal Court can exercise jurisdiction over individuals, including state officials, who are accused of committing certain serious crimes, regardless of their immunity status under national law.

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