Comprehension
The Russian Federation’s specific claims alleging genocide, and invoking that alleged genocide as the basis for military action against Ukraine, include:
On 21 February 2022, the President of the Russian Federation stated in an official address that there was a “genocide” occurring in Ukraine, “which almost 4 million people are facing”.
The President of the Russian Federation then announced a “special military operation” and stated that “[t]he purpose of this operation is to protect people who, for eight years now, have been facing humiliation and genocide perpetrated by the Kiev regime.”
In an interview on 25 February 2022, the Russian Ambassador to the European Union was asked about President Putin’s reference to genocide as justification for Russia’s unlawful acts against Ukraine and said “[w]e can turn to the official term of genocide as coined in international law. If you read the definition it fits pretty well.”
Ukraine has emphatically denied that any act of genocide has occurred in the Luhansk and Donetsk oblasts or elsewhere in Ukraine, and that Russia has any lawful basis whatsoever to take action in and against Ukraine for the purpose of preventing and punishing genocide.
Therefore, the parties’ dispute over first, the existence of acts of genocide, and second, Russia’s claim to legal authority to take military action in and against Ukraine to punish and prevent such alleged genocide, is a dispute that concerns the interpretation, application or fulfilment of the [1] Convention. Accordingly, the Court should recognize its jurisdiction on a prima facie basis for purposes of indicating provisional measures.
[Excerpted from: Request for the Indication of Provisional Measures Submitted by Ukraine, February 26, 2022, in Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation), International Court of Justice]
On 21 February 2022, the President of the Russian Federation stated in an official address that there was a “genocide” occurring in Ukraine, “which almost 4 million people are facing”.
The President of the Russian Federation then announced a “special military operation” and stated that “[t]he purpose of this operation is to protect people who, for eight years now, have been facing humiliation and genocide perpetrated by the Kiev regime.”
In an interview on 25 February 2022, the Russian Ambassador to the European Union was asked about President Putin’s reference to genocide as justification for Russia’s unlawful acts against Ukraine and said “[w]e can turn to the official term of genocide as coined in international law. If you read the definition it fits pretty well.”
Ukraine has emphatically denied that any act of genocide has occurred in the Luhansk and Donetsk oblasts or elsewhere in Ukraine, and that Russia has any lawful basis whatsoever to take action in and against Ukraine for the purpose of preventing and punishing genocide.
Therefore, the parties’ dispute over first, the existence of acts of genocide, and second, Russia’s claim to legal authority to take military action in and against Ukraine to punish and prevent such alleged genocide, is a dispute that concerns the interpretation, application or fulfilment of the [1] Convention. Accordingly, the Court should recognize its jurisdiction on a prima facie basis for purposes of indicating provisional measures.
[Excerpted from: Request for the Indication of Provisional Measures Submitted by Ukraine, February 26, 2022, in Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation), International Court of Justice]
Question: 1
Ukraine filed the application excerpted above concerning “a dispute... relating to the interpretation, application and fulfilment of” an international convention (the “Convention”), whose name has been replaced with ‘[1]’ in the excerpt above. What is the full name of the Convention?
Ukraine filed the application excerpted above concerning “a dispute... relating to the interpretation, application and fulfilment of” an international convention (the “Convention”), whose name has been replaced with ‘[1]’ in the excerpt above. What is the full name of the Convention?
Show Hint
When a dispute explicitly involves “genocide” in international law, the relevant treaty is the 1948 Genocide Convention.
Updated On: Aug 17, 2025
- Convention on the Elimination of All Forms of Discrimination against Women, 1979
- Convention on the Prevention and Punishment of the Crime of Genocide, 1948
- International Covenant on Civil and Political Rights, 1966
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984
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The Correct Option is B
Solution and Explanation
Step 1: Context from the passage.
The dispute between Ukraine and Russia, as described, concerns allegations of genocide in Luhansk and Donetsk and Russia’s claim of legal authority to take military action to prevent or punish such genocide. Step 2: Identifying the relevant convention.
The only international treaty directly dealing with the prevention and punishment of genocide is the Convention on the Prevention and Punishment of the Crime of Genocide, 1948. Step 3: Eliminating incorrect options.
(A) Concerns discrimination against women, irrelevant to genocide.
(C) Concerns civil and political rights generally, not specifically genocide.
(D) Concerns torture and degrading treatment, not genocide.
\[ \boxed{\text{B}} \]
The dispute between Ukraine and Russia, as described, concerns allegations of genocide in Luhansk and Donetsk and Russia’s claim of legal authority to take military action to prevent or punish such genocide. Step 2: Identifying the relevant convention.
The only international treaty directly dealing with the prevention and punishment of genocide is the Convention on the Prevention and Punishment of the Crime of Genocide, 1948. Step 3: Eliminating incorrect options.
(A) Concerns discrimination against women, irrelevant to genocide.
(C) Concerns civil and political rights generally, not specifically genocide.
(D) Concerns torture and degrading treatment, not genocide.
\[ \boxed{\text{B}} \]
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Question: 2
Article IX of the Convention provides that disputes between Contracting Parties relating to the interpretation, application or fulfilment of the Convention shall be submitted to the International Court of Justice (“ICJ”) at the request of:
Article IX of the Convention provides that disputes between Contracting Parties relating to the interpretation, application or fulfilment of the Convention shall be submitted to the International Court of Justice (“ICJ”) at the request of:
Show Hint
Always check the exact treaty text — in the Genocide Convention, Article IX gives direct standing to the disputing parties to approach the ICJ.
Updated On: Aug 17, 2025
- The United Nations High Commissioner for Refugees
- Any State not party to the dispute
- The Secretary-General of the United Nations
- Any of the parties to the dispute
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The Correct Option is D
Solution and Explanation
Step 1: Understanding Article IX.
Article IX of the Genocide Convention states that disputes regarding the interpretation, application, or fulfilment of the Convention “shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.” Step 2: Application to the question.
This provision allows direct access to the ICJ for either party involved in the dispute without requiring third-party initiation. Step 3: Eliminating incorrect options.
(A) and (C) Incorrect — These are UN officials, but they are not empowered under Article IX to submit disputes.
(B) Incorrect — States not party to the dispute have no standing to request submission.
\[ \boxed{\text{D}} \]
Article IX of the Genocide Convention states that disputes regarding the interpretation, application, or fulfilment of the Convention “shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.” Step 2: Application to the question.
This provision allows direct access to the ICJ for either party involved in the dispute without requiring third-party initiation. Step 3: Eliminating incorrect options.
(A) and (C) Incorrect — These are UN officials, but they are not empowered under Article IX to submit disputes.
(B) Incorrect — States not party to the dispute have no standing to request submission.
\[ \boxed{\text{D}} \]
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Question: 3
Article II of the Convention defines ‘genocide’ to mean certain acts, “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”. Which of the following is not included in the list of such acts under Article II of the Convention?
Article II of the Convention defines ‘genocide’ to mean certain acts, “committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group”. Which of the following is not included in the list of such acts under Article II of the Convention?
Show Hint
When asked for what is not included in a definition, look for actions inconsistent with the definition’s destructive intent.
Updated On: Aug 17, 2025
- Killing members of the group
- Promoting the cultural activities of the group
- Imposing measures intended to prevent births within the group
- Forcibly transferring children of the group to another group
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The Correct Option is B
Solution and Explanation
Step 1: Understanding Article II’s definition of genocide.
Article II lists specific prohibited acts such as killing members of the group, causing serious bodily or mental harm, imposing measures to prevent births, and forcibly transferring children.
Step 2: Identify the outlier.
Promoting cultural activities is not an act aimed at destroying a group; in fact, it is the opposite.
Step 3: Elimination.
(A), (C), and (D) — All listed in Article II.
(B) — Not listed and contrary to the destructive purpose of genocide.
\[ \boxed{\text{B}} \]
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Question: 4
The ICJ held hearings for provisional measures in response to Ukraine’s application excerpted above on March 7, 2022. Which of the following did the Russian Federation do in relation to these hearings?
The ICJ held hearings for provisional measures in response to Ukraine’s application excerpted above on March 7, 2022. Which of the following did the Russian Federation do in relation to these hearings?
Show Hint
In ICJ proceedings, absence from oral hearings does not prevent a state from filing written objections.
Updated On: Aug 17, 2025
- It appeared before the ICJ, and also submitted written pleadings objecting to the ICJ’s jurisdiction over the matter
- It chose not to appear before the ICJ, and did not submit any written pleadings either
- It chose not to appear before the ICJ, and submitted written pleadings objecting to the ICJ’s jurisdiction over the matter
- It appeared before the ICJ, but chose not to submit any written pleadings
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The Correct Option is C
Solution and Explanation
Step 1: Passage reference.
The procedural history of the case shows Russia declined to appear in person at the hearings but sent written communications challenging ICJ jurisdiction.
Step 2: Elimination.
(A) and (D) — Incorrect because Russia did not attend in person.
(B) — Incorrect because Russia did submit written pleadings.
\[ \boxed{\text{C}} \]
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Question: 5
Which of the following relates to the conditions under which States may resort to war or the use of armed force in general?
Which of the following relates to the conditions under which States may resort to war or the use of armed force in general?
Show Hint
Remember: “ad bellum” → before war; “in bello” → during war.
Updated On: Aug 17, 2025
- Jus gentium
- Jus ad bellum
- Jus in bello
- Jus cogens
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The Correct Option is B
Solution and Explanation
Step 1: Definition.
Jus ad bellum refers to the body of law governing the right to engage in war — the “right to war”.
Step 2: Differentiating terms.
Jus in bello — Laws applicable during conflict.
Jus gentium — Law of nations.
Jus cogens — Peremptory norms.
\[ \boxed{\text{B}} \]
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Question: 6
Who among the following is the author of the work Mare Liberium, and is also often called the ‘Father’ of modern international law?
Who among the following is the author of the work Mare Liberium, and is also often called the ‘Father’ of modern international law?
Show Hint
Hugo Grotius’s Mare Liberium is a cornerstone of maritime freedom and early international law.
Updated On: Aug 17, 2025
- Jeremy Bentham
- Baruch Spinoza
- Hugo Grotius
- Mohamed ElBaradei
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The Correct Option is C
Solution and Explanation
Step 1: Historical background.
Mare Liberium (“The Free Sea”) was published in 1609 by Hugo Grotius, advocating free navigation and trade across seas.
Step 2: Recognition.
Grotius’s works laid the foundation for the modern system of international law, earning him the title “Father of International Law”.
Step 3: Elimination.
(A) Jeremy Bentham — Coined the term “international law” but did not write Mare Liberium.
(B) Baruch Spinoza — Philosopher, not primary figure in maritime law.
(D) Mohamed ElBaradei — Modern diplomat, unrelated to this historical work.
\[ \boxed{\text{C}} \]
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Question: 7
Article 38(1) of the Statute of the International Court of Justice recognises certain sources of law that it must apply in deciding disputes submitted to it. Which of the following is or are included under Article 38(1)?
Article 38(1) of the Statute of the International Court of Justice recognises certain sources of law that it must apply in deciding disputes submitted to it. Which of the following is or are included under Article 38(1)?
Show Hint
Remember the 3,+,1 structure of Article 38(1): Treaties, Custom, General Principles as principal sources, plus judicial decisions & publicists as subsidiary means.
Updated On: Aug 17, 2025
- International conventions, whether general or particular, establishing rules expressly recognised by the contesting states
- International custom, as evidence of a general practice accepted as law
- The general principles of law recognised by civilised nations
- All the above
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The Correct Option is D
Solution and Explanation
Step 1: Recall the text of Article 38(1).
Article 38(1) lists the principal sources the ICJ shall apply:
(a) international conventions (treaties) establishing rules expressly recognised by the states;
(b) international custom as evidence of a general practice accepted as law;
(c) the general principles of law recognised by civilised nations;
(d) judicial decisions and the teachings of the most highly qualified publicists as \underline{subsidiary means} for the determination of rules of law.
Step 2: Map options to Article 38(1).
Option (A) matches 38(1)(a); Option (B) matches 38(1)(b); Option (C) matches 38(1)(c).
All three are indeed principal sources under Article 38(1) ⇒ all of them are correct.
Step 3: Conclude.
Since (A), (B), and (C) are each true statements of 38(1), the option that captures this is (D) All the above.
\[ \boxed{\text{D}} \]
Article 38(1) lists the principal sources the ICJ shall apply:
(a) international conventions (treaties) establishing rules expressly recognised by the states;
(b) international custom as evidence of a general practice accepted as law;
(c) the general principles of law recognised by civilised nations;
(d) judicial decisions and the teachings of the most highly qualified publicists as \underline{subsidiary means} for the determination of rules of law.
Step 2: Map options to Article 38(1).
Option (A) matches 38(1)(a); Option (B) matches 38(1)(b); Option (C) matches 38(1)(c).
All three are indeed principal sources under Article 38(1) ⇒ all of them are correct.
Step 3: Conclude.
Since (A), (B), and (C) are each true statements of 38(1), the option that captures this is (D) All the above.
\[ \boxed{\text{D}} \]
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Question: 8
Article 38(2) of the Statute of the International Court of Justice provides that Article 38 “shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto”. Which of the following is the meaning of the phrase ex aequo et bono?
Article 38(2) of the Statute of the International Court of Justice provides that Article 38 “shall not prejudice the power of the Court to decide a case ex aequo et bono, if the parties agree thereto”. Which of the following is the meaning of the phrase ex aequo et bono?
Show Hint
Associate ex aequo et bono with “equity with consent”; the ICJ may apply it only if both parties agree.
Updated On: Aug 17, 2025
- The thing speaks for itself
- According to the right and good
- By that very fact or act
- Towards all
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The Correct Option is B
Solution and Explanation
Step 1: Decode the Latin phrase.
Ex aequo et bono literally means “according to what is fair (right) and good” ⇒ deciding on equitable considerations rather than strict legal rules, but only with parties’ consent.
Step 2: Eliminate look-alike Latin terms.
(A) “The thing speaks for itself” = res ipsa loquitur (tort law maxim), not applicable.
(C) “By that very fact” = ipso facto, not equity.
(D) “Towards all” = erga omnes, describes obligations owed to the international community, not a decision basis.
Step 3: Conclude.
Only (B) captures the accepted meaning of ex aequo et bono.
\[ \boxed{\text{B}} \]
Ex aequo et bono literally means “according to what is fair (right) and good” ⇒ deciding on equitable considerations rather than strict legal rules, but only with parties’ consent.
Step 2: Eliminate look-alike Latin terms.
(A) “The thing speaks for itself” = res ipsa loquitur (tort law maxim), not applicable.
(C) “By that very fact” = ipso facto, not equity.
(D) “Towards all” = erga omnes, describes obligations owed to the international community, not a decision basis.
Step 3: Conclude.
Only (B) captures the accepted meaning of ex aequo et bono.
\[ \boxed{\text{B}} \]
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Question: 9
Which among the following was established by the UN General Assembly in 1947, under Article 13(1)(a) of the UN Charter, to “initiate studies and make recommendations for the purpose of … encouraging the progressive development of international law and its codification”?
Which among the following was established by the UN General Assembly in 1947, under Article 13(1)(a) of the UN Charter, to “initiate studies and make recommendations for the purpose of … encouraging the progressive development of international law and its codification”?
Show Hint
Link “codification and progressive development” ⇒ International Law Commission (ILC); “adjudication” ⇒ ICJ; “criminal accountability” ⇒ ICC; “trade regime” ⇒ WTO.
Updated On: Aug 17, 2025
- The International Law Commission
- The International Court of Justice
- The International Criminal Court
- The World Trade Organisation
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The Correct Option is A
Solution and Explanation
Step 1: Identify the UN body with a codification mandate.
In 1947 the UNGA created the International Law Commission (ILC) to promote the progressive development and codification of international law ⇒ exactly the mandate quoted.
Step 2: Eliminate distractors by founding instruments/dates.
(B) ICJ was established in 1945 by the UN Charter/ICJ Statute, not by a 1947 GA resolution with a codification mission.
(C) ICC was created much later by the 1998 Rome Statute; it is independent of the UNGA.
(D) WTO began in 1995 under the Marrakesh Agreement; not a UNGA creation and not a codification body.
Step 3: Conclude.
Therefore, only (A) fits the date, creator, and purpose.
\[ \boxed{\text{A}} \]
In 1947 the UNGA created the International Law Commission (ILC) to promote the progressive development and codification of international law ⇒ exactly the mandate quoted.
Step 2: Eliminate distractors by founding instruments/dates.
(B) ICJ was established in 1945 by the UN Charter/ICJ Statute, not by a 1947 GA resolution with a codification mission.
(C) ICC was created much later by the 1998 Rome Statute; it is independent of the UNGA.
(D) WTO began in 1995 under the Marrakesh Agreement; not a UNGA creation and not a codification body.
Step 3: Conclude.
Therefore, only (A) fits the date, creator, and purpose.
\[ \boxed{\text{A}} \]
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Question: 10
Who among the following first coined the term ‘genocide’?
Who among the following first coined the term ‘genocide’?
Show Hint
Remember: Lemkin (genocide, 1944) ⇒ led to the 1948 Genocide Convention; Lauterpacht (crimes against humanity) ⇒ Nuremberg legacy.
Updated On: Aug 17, 2025
- Hersch Lauterpacht
- Judge Radhabinod Pal
- Raphael Lemkin
- Mirjan Damaška
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The Correct Option is C
Solution and Explanation
Step 1: Historical origin of the term.
The word “genocide” was coined by Polish–Jewish jurist Raphael Lemkin in 1944 in his work Axis Rule in Occupied Europe, combining Greek genos (race/tribe) + Latin cide (killing).
Step 2: Eliminate alternatives with brief context.
(A) Hersch Lauterpacht championed the concept of crimes against humanity and “human rights,” but did not coin “genocide.”
(B) Radhabinod Pal served on the Tokyo Tribunal; known for his dissent, not for coining “genocide.”
(D) Mirjan Damaška is a noted scholar of comparative criminal procedure; not associated with the term’s origin.
Step 3: Conclude.
Thus, the correct attribution is to Raphael Lemkin.
\[ \boxed{\text{C}} \]
The word “genocide” was coined by Polish–Jewish jurist Raphael Lemkin in 1944 in his work Axis Rule in Occupied Europe, combining Greek genos (race/tribe) + Latin cide (killing).
Step 2: Eliminate alternatives with brief context.
(A) Hersch Lauterpacht championed the concept of crimes against humanity and “human rights,” but did not coin “genocide.”
(B) Radhabinod Pal served on the Tokyo Tribunal; known for his dissent, not for coining “genocide.”
(D) Mirjan Damaška is a noted scholar of comparative criminal procedure; not associated with the term’s origin.
Step 3: Conclude.
Thus, the correct attribution is to Raphael Lemkin.
\[ \boxed{\text{C}} \]
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(Extracts from Managing Director, Kerala Tourism Development Corporation Limited v. Deepti Singh and Ors., 2019 SC)- CLAT PG - 2025
- Law of Torts
- Article 14 of the Constitution stipulates that the State shall not deny to any person equality before the law or the equal protection of laws within the territory of India. Article 15(1) states that the State should not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. Article 15(4) stipulates that nothing in Article 15 shall prevent the State from making any special provision for the advancement of any socially and educationally backward classes of citizens or for the Scheduled Castes and the Scheduled Tribes. Article 16 deals with equality of opportunity in matters of public employment. Clause (1) of Article 16 guarantees equality of opportunity for all citizens in matters relating to employment or appointment to any office under the State. Clause (2) stipulates that no citizen shall be discriminated in or be ineligible for any employment or office under the State on the grounds only of religion, race, caste, sex, descent, place of birth, residence or any of them. Clause (4) of the provision states that nothing in Article 16 shall prevent the State from making any provision for the reservation of appointments or posts in favour of any backward class of citizens, which in the opinion of the State, is not adequately represented in the services under the State. The purpose of the equal opportunity principle in Article 16(1) and the reservation provision in Article 16(4) has emerged as a focal point of the jurisprudence on reservations in this Court. A discussion of the journey of the competing models of equality that the Court has espoused and their evolution over the course of the years is necessary to understand the constitutional vision on equality.
The impugned constitutional amendments by which Article 16 (4-A) and 16 (4-B) have been inserted, flow from Article 16 (4). They do not alter the structure of Article 16 (4). They retain the controlling factors or the compelling reasons which enables the State to provide for reservation keeping in mind the overall efficiency of the state administration under article 335. Sub-categorization within a class is a constitutional requirement to secure substantive equality in the event that there is a distinction between two sections of a class; Sub-classification must not lead to the exclusion of one of the categories in the class. A model that provides sufficient opportunities to all categories of the class must be adopted; and Sub-classification among a class must be on a reasonable basis.
Justice Bela Trivedi opined, in dissent, that presidential list of scheduled castes notified under Article 341 cannot be altered by the States. Any change to this list can only be made by a law enacted by Parliament. Sub-classification, according to her would amount to tampering with the Presidential List and undermine the object Article 341, which aims to eliminate political influence in the SC-ST List. Further, she emphasised the importance of adhering to the rule of plain and literal interpretation. She mentions that any preferential treatment for a sub-class within the presidential list would deprive other classes within the same category of their benefits. In the absence of executive or legislative power, state lack the competence to sub-classify castes and the benefit reserved for all SCs. Allowing states to do so would constitute a colourable exercise of power, which is impermissible under law. Justice Trivedi concluded by affirming that affirmative action by States must remain within constitutional boundaries and held that the law laid down in E.V. Chinnaiah case was correct and should be upheld.
(Extract from The State of Punjab & Ors. v. Davinder Singh & Ors. 2024 SC)- CLAT PG - 2025
- Constitutional Laws
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