POSC 2200 – International Law, International Organizations, and Non- Governmental Organizations Russell Alan Williams Department of Political Science

Unit Four: International Law, International Organizations, & Non-Governmental Organizations “ International Law ” Required Reading: Globalization of World Politics, Chapter 18. Globalization of World Politics, Chapter 18. Roth, The Case for Universal Jurisdiction Roth, The Case for Universal Jurisdiction Outline: 1. Introduction 2. Origins of International Law 3. The Expanding Reach of International Law 4. International Law and War 5. Conclusions

1) Introduction: “ International Law ” : The formal rules of conduct states acknowledge in international politics “ International Law ” : The formal rules of conduct states acknowledge in international politics Never more debate about international law then now... Never more debate about international law then now... E.g. Invasion of Iraq E.g. Invasion of Iraq E.g. Independence of Kosovo E.g. Independence of Kosovo Debates highlight problems of “ International Law ” Debates highlight problems of “ International Law ” 1) Sources and legitimacy? 2) Enforceability?

Traditional view has been highly skeptical about international law = influence of “ realism ” Traditional view has been highly skeptical about international law = influence of “ realism ” Text: “.... international law is either a servant of the powerful or an irrelevant curiosity. ” Text: “.... international law is either a servant of the powerful or an irrelevant curiosity. ” However, contemporary view is that international law is a “ core ” institution in international politics However, contemporary view is that international law is a “ core ” institution in international politics “ Neoliberal Institutionalism ” – all states wish to reduce uncertainty of anarchy and international law is a key mechanisms for helping states overcome incentives to not cooperate “ Neoliberal Institutionalism ” – all states wish to reduce uncertainty of anarchy and international law is a key mechanisms for helping states overcome incentives to not cooperate “ Constructivism ” – International law generates key norms for state behavior “ Constructivism ” – International law generates key norms for state behavior

Sources and legitimacy of International Law comes from: a) Custom b) Treaties c) Authoritative bodies d) Courts Result uneven - simply not as “ legitimate ” as domestic law Lack of legislature = Contradictions? Lack of legislature = Contradictions? Lack of enforcement = Precedents for illegality Lack of enforcement = Precedents for illegality 2) Origins of International Law:

a) Custom - Modern components of international law influenced by European religion = “ god ’ s laws ” were superior to those of any state – Christian states were obliged to act in a way that was consistent with religious doctrine. European religion = “ god ’ s laws ” were superior to those of any state – Christian states were obliged to act in a way that was consistent with religious doctrine. These idea began to disappear in 19 th and 20 th centurys as international law became more judicial and legalistic, but international law is still “ western ”.... These idea began to disappear in 19 th and 20 th centurys as international law became more judicial and legalistic, but international law is still “ western ”.... Customs of European statehood Customs of European statehood Rights of Diplomats Rights of Diplomats “ Law of the Sea ” “ Law of the Sea ” Provisions emerged out practice but have become “ codified ” Provisions emerged out practice but have become “ codified ”

b) Treaties – substitutes for legislation E.g. Key texts that establish longstanding legal principles E.g. Key texts that establish longstanding legal principles E.g. Legally binding on states that have ratified them (meaning?) E.g. Legally binding on states that have ratified them (meaning?) Peace of Westphalia (1648) Peace of Westphalia (1648) Treaty of Versailles (1919) Treaty of Versailles (1919) Charter of the United Nations (1945) – Clearly specified both the rights and the obligations of member states Charter of the United Nations (1945) – Clearly specified both the rights and the obligations of member states

c) Authoritative bodies – E.g. codifying customary law or NGO-promoted “ new law ” E.g. UN International Law Commission E.g. UN International Law Commission d) Courts – both international and domestic E.g. “ International Court of Justice ” (ICJ) E.g. “ International Court of Justice ” (ICJ) E.g. “ International Criminal Court ” (ICC) – Most ambitious effort to create international law in which individuals are also subjects and agents E.g. “ International Criminal Court ” (ICC) – Most ambitious effort to create international law in which individuals are also subjects and agents E.g. “ Universal Jurisdiction ” E.g. “ Universal Jurisdiction ”

Enforceability of International Law? Often relies on moral suasion.... Often relies on moral suasion.... Can be “ enforced ” through diplomacy Can be “ enforced ” through diplomacy E.g. Negative Sanctions E.g. Negative Sanctions E.g. Compellence E.g. Compellence However, suggests international law can only be tool of powerful However, suggests international law can only be tool of powerful What does this mean? What does this mean?

Recent decades have seen efforts to expand international law, placing human rights above sovereignty and making law enforceable(!) Prosecute individuals who violate international law – more systematic Prosecute individuals who violate international law – more systematic 1) “ International Criminal Court ” (ICC) 2) “ Universal Jurisdiction ” : Legal concept empowering states to claim authority beyond their own territory for the purposes of punishing crimes which: Violate laws of all states Violate laws of all states Violate basic human rights Violate basic human rights Domestic courts can prosecute non-nationals Domestic courts can prosecute non-nationals Implications???? “ Pinochet Case ” Implications???? “ Pinochet Case ” 3) The Expanding Reach of International Law:

Criticizes Kissinger ’ s opposition to “ Universal Jurisdiction ” and ICC American realists worried... 1) Innovations violate US sovereignty 2) Practical problems – will result in other countries prosecuting US officials E.g. US role as “ policeman ” places it at risk of unfair war crimes allegations E.g. US role as “ policeman ” places it at risk of unfair war crimes allegations Kenneth Roth: The Case for Universal Jurisdiction Kenneth Roth: The Case for Universal Jurisdiction

Abu Ghraib? Abu Ghraib? “ Haditha Massacre ” ? “ Haditha Massacre ” ? Kenneth Roth: The Case for Universal Jurisdiction Kenneth Roth: The Case for Universal Jurisdiction

4) Conclusion: Room for a great deal of theoretical debate about the role of “ International Law ” Room for a great deal of theoretical debate about the role of “ International Law ” Realists & Radicals – power is more important then rules and institutions Realists & Radicals – power is more important then rules and institutions Liberals & Constructivists... ? Liberals & Constructivists... ? Rules make us more secure – we should design rules that meet our needs Rules make us more secure – we should design rules that meet our needs E.g. Transition from sovereignty to human rights E.g. Transition from sovereignty to human rights

5) For Next Time... “International Organizations and Non Governmental Organizations” – Not on Midterm! Globalization of World Politics, Chapters 19, 20 and 21. Thomas Weiss, “The Illusion of UN Security Council Reform,” The Washington Quarterly, Vol. 26(4), (2003), Pp (Available from the instructor.) February 13:Mid term Exam February 16 and 18: No Classes – Reading Week February 20: Class on Essay Writing