Human Rights and International Law Questions and Answers Part-9

1. Which of the following statements is not true?
a) The ICJ states the existing law and does not legislate. This is so even if, in stating and applying the law, the court necessarily has to specify its scope and sometimes note its general trend.
b) The task of the court must be to respond, on the basis of international law, to the particular legal dispute brought before it. As it interprets and applies the law, it will be mindful of context, but its task cannot go beyond that.
c) The ICJ was founded to work towards the progressive development and codification of international law.
d) The ICJ lacks compulsory jurisdiction and can settle disputes only if States are willing to submit themselves to its jurisdiction.

Answer: c

2. Are there any limits to the application of Article 103 of the UN Charter?
a) Yes, it is limited by jus cogens norms
b) Yes, it is limited by treaties
c) Yes, it is limited by the pronouncements of the ICJ
d) No limits

Answer: a

3. Which of the following is not a regional human rights instruments?
a) The African Charter on Human and People’s Rights for Africa
b) The American Convention on Human Rights for the Americas
c) The European Convention on Human Rights for Europe
d) The Convention on the Elimination of All Forms of Racial Discrimination

Answer: d

4. What is a derogation?
a) To follow a variation of certain human rights on a regional level
b) The suspension of particular rights (but not fundamental ones) for a specific period of time during a public emergency that threatens the life of a nation
c) Violation of human rights by the executive
d) Suspension of human rights during a public emergency

Answer: b

5. Which of the following is a collective right?
a) Right to life and liberty
b) Right to fair trial
c) Self-determination
d) Freedom of religion

Answer: c

6. What is the legal nature of the Universal Declaration of Human Rights?
a) It is a UN General Assembly resolution
b) It is a UN Security Council resolution
c) It is part of the American Constitution
d) It is a multilateral treaty

Answer: a

7. Is the UDHR a binding legal instrument?
a) Yes
b) No
c) Yes, only on States that have agreed to be bound by it
d) None of the above

Answer: b

8. Under what circumstances do human rights violations taking place outside the territory of ECHR Member States fall within the remit of the ECHR?
a) Where a Member State exercises control
b) Where a Member State requests the ECHR to do so
c) Never
d) Where a Member State exercises effective control

Answer: d

9. What is the rationale for the exhaustion of local remedies in international human rights?
a) To restrict the volume of petitions to international tribunals
b) To build up judicial capacity of local courts
c) Both (a) and (b)
d) Either (a) or (b)

Answer: c

10. Which of the following is not a non-derogable right as per Article 4 of the International Covenant on Civil and Political Rights?
a) Rights to life
b) The freedoms of thought
c) Prohibition on torture
d) Right to fair trial

Answer: d