Photo AI
A soldier accused of war crimes is detained in their country of birth - HSC - SSCE Legal Studies - Question 19 - 2022 - Paper 1
Question 19
A soldier accused of war crimes is detained in their country of birth. The country is a signatory to the Rome Statute and has a permanent judicial system. In which ... show full transcript
Worked Solution & Example Answer:A soldier accused of war crimes is detained in their country of birth - HSC - SSCE Legal Studies - Question 19 - 2022 - Paper 1
Step 1
In which court will the soldier most likely be tried?
Answer
The soldier will most likely be tried in D. A court in the soldier’s country of origin. This conclusion is supported by the fact that the country is a signatory to the Rome Statute, which emphasizes that states have the primary responsibility to prosecute war crimes committed by their nationals. In the absence of strong arguments for extradition or intervention by international courts, the local judicial system is typically responsible for prosecuting such cases.