Introduction to International Law Donata Szabo

Quiz When was the United Nations founded? Who is considered the “father of international law”? Name 3 international instruments (i.e. treaties, declaration, etc.). What were the main consequences/outcomes of the Treaty of Westphalia? Name 5 international organisations. List 3 United Nations agencies. What does jus cogens mean? Name the primary sources of international law. What is customary international law? (think about the two parts of it) Why did the League of Nations fail? What is the difference between soft law and hard law? Give an example of both. What are the three main disciplines of international law? What is monism? What is jus gentium and what is jus inter gentes? What is the other name for private international law?

What is a state? States are primary actors/subjects in international law, possessing the greatest range of rights and obligations (international organisation or individuals or others derive their rights and duties directly from international legal instruments) Creation of states consists of both fact and law Criteria of statehood (as laid down in the Montevideo Convention 1933) Permanent population, Defined territory, Government, and Capacity to enter into international relations Recognition (of statehood, sovereignty over acquired territory, citizenship, etc.) from other states necessary?

What is a state? Taiwan Bosnia and Herzegovina Crimea Scotland Palestine Afghanistan Iraq Libya Hong Kong

What is a state? Why does it matter? (Articles 3 & 6 of the Montevideo Convention) Right to defend itself, its integrity and independence To provide for its preservation and prosperity To organise itself as it sees fit To legislate freely upon its interests To administer its services To define jurisdiction Recognise and accept duties and responsibilities

Examples of key cases in international law International Court of Justice can give judgments (on disputes between two states) or advisory opinions (upon request by the General Assembly; non-binding but influential in their explanations) 165 cases since start of operation in 1946 Examples of key cases: Temple of Preah Vihear (Cambodia v Thailand) 1962 Western Sahara Advisory Opinion 1975 Military and Paramilitary Activities in and against Nicaragua (Nicarague v USA) 1986 Nuclear Weapons Advisory Opinion 1996 Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory Advisory Opinion 2004 Application of the Convention of the Prevention and Punishment of the Crime of Genocide (Bosnia Herzegovina v Serbia and Montenegro) 2007 Whether the Unilateral Declaration of Independence of Kosovo is in accordance with International Law Advisory Opinion 2010

International Criminal Law A field of public international law designed to prohibit categories of conduct and make perpatrators criminally accountable Core crimes under international law are: Genocide War crimes Crimes against humanity Crime of aggression Unlike classical international law, international criminal law deals with prohibitions that address individuals including sanctions Predecessors included Nuremberg Tribunal, International Military Tribunal for the Far East, International Criminal Tribunal for the Former Yugoslavia, International Criminal Tribunal for Rwanda International Criminal Court was established by the Rome Statute in 1998 (seat in The Hague, Netherlands) with first arrest warrants issued in 2005 124 countries are parties to the Statute, further 31 signed but not ratified (Sudan, USA, Russia, Israel informed the UN about their intentions to withdraw) Accused must be national of a state party, alleged crime must have taken place in the territory of a state party or situation is referred to the court by UN Security Council Complementary to national criminal judicial systems (jurisdiction applies only if national courts are unwilling or unable to investigate or prosecute)

International Criminal Law 10 investigations open to date: 2xCentral African Republic, Cote d’Ivoire, Mali, Sudan (Darfur), DRC, Georgia, Kenya, Libya, Uganda Preliminary examination of Afghanistan, Burundi, Colombia, Gabon, Guinea, Iraq/UK, Palestine, Nigeria, Ukraine 40 individual publicly indicted, arrest warrants issued for 32 more individuals, summonses to 8 others 7 persons are in detention Proceedings are on-going against 23 persons Proceedings against 17 individuals have been completed: 3 convicted 1 acquitted 6 charges dismissed 2 charges withdrawn against them 1 declared inadmissible 4 died before trial

International Humanitarian Law Regulates the conduct of war by attempting to limit the effects of armed conflict by protecting civilians (i.e. those not participating in hostilities) and by restricting and regulating the means and methods of warfare Main sources are the Geneva Convention 1949 and their Additional Protocols, the Hague Conventions, etc. Defines and deals with neutral nations, individuals engaged in warfare, civilians, military necessity Subjects warfare to the rule of law – destructive effect should be limited and human suffering mitigated Serious violations of humanitarian law are called war crimes NB: jus in bello – regulates conduct of forces when engaged in war or armed conflict VS jus ad bellum regulates conduct of engaging in war or armed conflict and includes crimes against peace and war of aggression Customary rules of war (unwritten) were explored at the Nuremberg Trials – they define permissive rights as well as prohibitions of conduct for nations Strict division between rules applying to international and internal armed conflict (criticised!) Unclear relationship between human rights and humanitarian law ICRC is key body IHL key principles: distinction; necessity and proportionality; humane treatment; non-discrimination; women and children

Current challenges in international law North Korea nuclear threat Should international law be extended to non-state actors? Issues of enforcement

Q & A