LLBK 422
KISII UNIVERSITY	
UNIVERSITY EXAMINATIONS
	FOURTH YEAR EXAMINATION FOR THE AWARD OF 	
THE DEGREE OF BACHELOR OF LAWS
SECOND SEMESTER 2024/2025
(JANUARY – APRIL, 2025)

LLBK 422:   INTERNATIONAL CRIMINAL LAW

STREAM:  	 Y4 S2						TIME:   2 HOURS	
	
DAY: THURSDAY, 12.00 – 2.00 P M		          DATE: 10/04/2025

INSTRUCTIONS 
1.	Do not write anything on this Question paper.
2.	Answer Question ONE and any other TWO Questions.
3. Illustrate your answer with relevant cases and statutory provisions 
where applicable.	

QUESTION ONE (COMPULSORY) (30MARKS)
In the Republic of Kimenia, an ongoing armed conflict between government forces and rebel groups has led to widespread violence against civilians. Reports from human rights organizations document a series of attacks, including mass killings, forced disappearances, and systematic persecution of ethnic minorities in the northern province of Tambora. Satellite imagery, intercepted communications, and eyewitness testimonies implicate General Ato Lumbala, a high- ranking military officer, in orchestrating these atrocities. His forces have allegedly bombed villages, executed detainees, and engaged in widespread sexual violence.
Despite mounting international pressure, the government of Kimenia maintains that its military actions were necessary to combat insurgents threatening national security. The government refuses to cooperate with international legal bodies, rejecting calls for an independent investigation. The International Criminal Court (ICC), however, has taken an interest in the case and is considering opening an investigation under the Rome Statute.
General Lumbala, knowing that an arrest warrant may be issued against him, continues to operate freely within Kimenia, enjoying government protection. Several foreign nations impose targeted sanctions on him, while human rights activists push for his prosecution under universal jurisdiction in third-party states.
Using relevant statutes and case law, answer the following questions:

(a)	Individual Criminal Responsibility                                                     (10 Marks)

Discuss the principle of individual criminal responsibility in international criminal law and analyze how General Lumbala could be held accountable for war crimes and crimes against humanity under the Rome Statute.

(b)	State Sovereignty vs. International Justice 				 (8 Marks)

Examine the legal and diplomatic challenges posed by Kimenia’s refusal to cooperate with international legal requests. To what extent can state sovereignty be used as a defense against international prosecution?

(c)	The Role of the International Criminal Court                                        (7 Marks)

Discuss the jurisdiction of the ICC in this case. What mechanisms can the ICC use to pursue the prosecution of General Lumbala, given that Kimenia is not a member state?

(d)	Alternative Avenues for Justice                                                      (5 Marks)

If the ICC fails to secure General Lumbala’s arrest, what other legal mechanisms can the international community use to ensure accountability? Consider the role of universal jurisdiction, regional courts, and diplomatic measures.

Note: Candidates must support their answers with relevant statutes, including the Rome Statute of the ICC, customary international law, and case law from international tribunals such as the ICC, ICTY, ICTR, and relevant domestic courts.

CHOOSE TWO QUESTIONS:

QUESTION TWO: MAKE NOTES (20 MARKS)
1.	Define individual criminal responsibility, command responsibility, and the prohibition of impunity. Discuss how these principles ensure accountability in International Criminal Law                                 (5Marks)
2.	Outline the primary sources of international criminal law. Provide examples.                                                                                          (5Marks)
3.	List, and describe the functions and importance of major international criminal tribunals and how they shaped International Criminal Law.                                                                                                                 (5Marks)
4.	Analyze how the ICC and other tribunals facilitate victim engagement and reparations.                                                                     (5Marks)

QUESTION THREE (20 MARKS)

In the Republic of Zambara, allegations emerge that the government has systematically orchestrated mass killings, forced displacement, and other atrocities against the Nambari ethnic group. International human rights organizations and investigative reports provide extensive evidence that high-ranking officials planned and executed these acts with the intent to eradicate
the Nambari people. As a result, several countries and international bodies call for accountability under international law.
(a)	Legal Definition and Responsibility                                                  (7 Marks)

Explain the legal definition of genocide under international law and discuss how both state responsibility and individual criminal responsibility apply in cases like that of the Republic of Zambara. Support your answer with relevant statutes and case law.
(b)	Mechanisms for Prosecution                                                             (7 Marks)

Discuss the different legal avenues available for prosecuting individuals responsible for genocide, including the role of the ICC, regional courts, and universal jurisdiction. What challenges might arise in securing accountability?
(c)	Role of International Criminal Law                                                       (6 Marks)

Explain the role of International Criminal Law (ICL) in addressing genocide and other mass atrocities.
QUESTION FOUR (20 MARKS)

In the Republic of Mandika, former President Baraka Omwenga ruled for over two decades before stepping down amid national protests and international condemnation of human rights abuses. Reports from the United Nations and international NGOs accuse Omwenga of crimes against humanity, including mass torture, enforced disappearances, and politically motivated killings. After stepping down, Omwenga travels to the foreign state of Luthania for medical treatment, where he is arrested based on an ICC arrest warrant. Omwenga claims that his prosecution is politically motivated and argues that state sovereignty protects him from extradition.
Using relevant statutes and case law, answer the following questions:

(a)	Extradition and Immunity                                                                    (7 Marks)

Discuss the legal basis for extraditing former President Baraka Omwenga to the ICC. What arguments might his defense present regarding state sovereignty and immunity? How does the Rome Statute address the issue of immunity for sitting and former heads of state accused of crimes against humanity? Support your answer with relevant legal provisions and case law.

(b)	Defenses Available to the Accused                                                      (6 Marks)

What legal defenses can Omwenga invoke to challenge his prosecution at the ICC? Discuss possible defenses under international criminal law.
(c)	Implications for International Justice                                             (7 Marks)

What are the possible outcomes of either granting or denying Omwenga’s extradition? Discuss the impact of this decision on international accountability, political stability, and the precedent it may set for future prosecutions of state leaders accused of serious crimes.