1. Introduction to International Law
Donata Szabo

2. 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?

3. 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?

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

5. 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

6. 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

7. 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)

8. 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

9. 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

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

11. Q & A