International Law What

Intergovernmental organizations (IGOs) What are they? Members Function Geographic range

Growth of IGOs Functionalism – “bottom-up” approach Neofunctionalism: “top-down” approach

Reasons for Growth of IGOs Increased international contact Increased global interdependence Expansion of transnational problems Failures of state-centered system Efforts of states to gain strength through joint action Successful role models

Potential Roles of IGOs Arena for interaction Center for cooperation Independent international actor Supranational actor

Regional Integration What is regional integration? Impact of regional integration on state sovereignty Reasons for regional integration Examples: EU, GCC, CARICOM, NAFTA

NGOs What is an NGO? NGOs are organizations composed of private individuals that do not answer to any government Can be actors in international politics

Roles of NGOs Advocacy Tasks Targets Sources of Power Investigate, Educate, Persuade Targets Governments, Companies, Societies Sources of Power Information, moral authority, consumer power, network power

Issues related to NGOs NGO Accountability Relationship between NGOs and states NGOs and state sovereignty

International Law What is international law? Body of legal rules, norms, and standards of practices that apply between sovereign states and other entities that are legally recognized as international actors

International Law State sovereignty and international law Opinio juris: “opinion of justice” or a state’s sense of legal obligation

International Law International law is complimentary to the domestic laws of a state. It is International law is very different from domestic law within a state. Structure less clear No clear authority ruling over it

Sources of International Law Treaties General Principles Customary Behavior Judicial Decisions Scholarly Writings

Enforcement of International Law problems of enforcement Who enforces International Law? International law is difficult to enforce and is enforced in practice by national power, international coalitions, and reciprocity.

Adjudication of Disputes -The World Court hears grievances of one state against another but cannot infringe on state sovereignty in most cases. -Some IGOs include tribunals, but this power is given to them by treaty at the consent of states typically. -Most cases involving international relations are tried in national courts, where a state can enforce judgments within its own territory.

Why would states comply with international law? Rational Explanations Normative Explanations

To what extent does an international legal order exist? International Law To what extent does an international legal order exist? How would different IR theories look at international law and its effectiveness?

International Law How would different IR theories look at international law and its effectiveness?

International Law and Individuals Issues of human rights Ad hoc tribunals Establishment of the International Criminal Court Controversy with regard to state sovereignty

Background to the ICC Nuremberg and Tokyo Trials following WWII United Nations in the 1950s 1989: Proposal by the Prime Minister of Trinidad and Tobago

Need for the ICC While work began on a draft statute, the international community created several ad hoc tribunals to try war crimes in the former Yugoslavia in 1993 and Rwanda in 1994, further highlighting the need for a permanent international criminal court.

Creation of the ICC July 17, 1998: The Rome Statute is signed, creating the framework of the ICC. In 2002, enough states ratified the treaty (60) for it to enter into force. This created the International Criminal Court. It would take years for the creation of the court itself, and it began trying cases in 2009.

What is the ICC? The ICC is a global judicial institution with an international jurisdiction complementing national legal systems can only step in when countries are unable or unwilling to try criminals in their own national systems. 23

Reasons for the ICC remedy the deficiencies of ad hoc tribunals. The establishment of an ad hoc tribunals immediately raises the question of "selective justice". A permanent court could operate in a more consistent way. Funding for tribunals – It is costly to keep erecting temporary tribunals when this could be avoided with a permanent court. Tribunal fatigue 24

ICC Permanent court to investigate and bring to justice individuals who commit the most serious violations of international humanitarian law Deals with three types of crimes: Genocide Crimes against humanity War crimes 25

Referral of Cases to the ICC -States -UN Security Council -Office of the Prosecutor can also initiate an investigation into a crime that has come to his or her attention. The Prosecutor can decline to proceed with an investigation if he or she determines that there is "no reasonable basis" to do so. The Prosecutor may also initiate an investigation on his or her own motion, provided that a three-judge panel of the ICC Pre-Trial Chamber approves. 26

Jurisdiction of the ICC The International Criminal Court will not supersede, but will complement national jurisdiction. ICC will act only when national courts are unable or unwilling to exercise jurisdiction. ICC jurisdiction is not retroactive.

Structure of the ICC Assembly of State Parties Judicial Divisions: Pre-trial, Trial, Appeals Office of the Prosecutor 28

ICC Issues and Controversies Bringing criminals Interference with peace processes Interference with national reconciliation Potential to make the situation on the ground worse for some people 29