International Law

State Sovereignty

Each state's right to control their own territory, people, government without interference from any other state

Until the latter half of the 20th century, nations upheld the importance of state sovereignty

Legal Equity

Each states' equal right to respect and participate in the international legal order

Pacta Sunt Servanda

Each states' obligation to keep international promises undertaken through treaties

What are some reasons for international treaties?

Population increase, technological communications,

Between the 1930s and 2000

world population more than tripled and international travel and emigration increased

International Law

the relations among states and how states handle such matters as human rights within their borders

Sources of International Law

1. Treaties
2. Customs
3. General Principles of Law
4. Judicial Decisions and Legal Scholarship

International Court of
Justice

ICJ

Treaties can...

- be bilateral or multilateral; these are the 2 types
- have their own rules for enforcement, such as arbitration
- refer enforcement concerns to another agency, such as the ICJ

How is International Law Enforced? (RCS)

1. Reciprocity
2. Collective Action
3. Shaming

Reciprocity

* type of enforcement by which states are assured that
if they offend another state, the other state will respond by returning the same behaviour.
* makes sure states think twice about which of their actions they would like imposed upon them.

do onto others what you want to do to you

Collective Action

- Several states act together against one state to produce what is usually a punitive result.
- For example, Iraq’s 1990 invasion of Kuwait was opposed by most states, and they organized through the United Nations to condemn it and to initiate joint military action to remove Iraq.

more like ganging up action

International law is...

voluntary

International law attempts to regulate situations...

...in which activities in one state infringe on the sovereignty of another state

Extraterritorial Legislation

legislation passed by a state that affects citizens in other states

something that happens and affects other people in other states

What is a Treaty?

a voluntary agreement voluntarily entered into between two or more sovereign (independent country) states

The Vienna Convention outlines what?

It outlines the rules that states have agreed to follow regarding how they will negotiate, sign, be bound by the treaty, disagreements and etc.

International Treaties have numerous titles such as...

Charter, convention, pact, alliance, protocol, declaration, etc.

Bilateral Treaties

between 2 nations

ex. Canada-USA free trade agreement

Multilateral Treaties

among several nations
ex. CUSMA

Treaty Contract

a speedy (and direct) way of making rules for international matters

Formal War

the process of two contracting parties engaging in hostilities, usually for a predetermined outcome.

Predetermined Outcomes of Formal War (HRRmCT)

• Territory
• Concessions
• Revenge
• Material goods
• Religion
• “Honour”

International
Humanitarian Law (IHL)

A set of international rules that set out what can and cannot be done during an armed conflict.

The main purpose is to maintain some humanity in armed conflict saving lives and reducing suffering.

If the rules of war are broken...

...War crimes are documented and investigated by States andinternational
courts. Individuals can be prosecuted for war crimes.

3 Principles of IHL (DPP)

1. Distinction
2. Proportionality
3. Precaution

Distinction

parties must distinguish between civillian population and combatants and civillian objects and military objectives

what can be attacked?

Attacks against military objectives, including combatants are not prohibited.

what cannot be attacked?

the civilian population, individual civilians and civilian objects must never be attacked.

Proportionality

1. Attacks against military objectives are prohibited if such attacks may be expected to cause damage and loss

Precaution

* constant care must be taken to
spare the civilian population, civilians and civilian objects.
* this includes doing everything possible to make sure that targets are indeed military objectives

Articles of War (AoW)

* a set of rules about how naval warfare should be fought established by the Royal navy in 1653.

Examples of AoW

• Fighting under false flags;
• Piracy;
• Privateering;
• Rules of capitulation (surrendering);
• Treatment of prisoners;
• Punishments for offenders.

The Geneva Conventions (3 points)

a core element of IHL that was ratified by all 196 states and draws clear distinctions between military and civillian objectives

The 4 Conventions of the
Geneva Conventions: (CAPP)

1. Protects wounded and
sick soldiers.
2. Armed Forces At Sea
3. Prisoners of War
4. Civillians

1. Protects wounded and sick soldiers.

guarantees humane treatment, medical care, and protection from violence

2. Armed Forces At Sea

Adapts the first to armed forces at sea: the wounded, sick and shipwrecked.

3. Prisoners of War

* POWs must be treated humanely and notably never be murdered or tortured or sexually assaulted.

4. Civilians

- Protects civilians and says they must be treated
humanely, and acts such as murder or
torture or sexual violence are never permitted.

- An occupying power must, as much as possible, ensure the
population’s food and medical supplies

The Hague Conventions (2 points)

it was codified in 1899 and 1907 and governs the rules of warfare and how a just war is begun, fought and ended.

The first country to officially breach the Hague Conventions were...

the Germans during WWI when they released chemical weapons at the 2nd Battle of Ypres.

All major countries, in particular Western countries have Rules of Engagement to govern how we fight.

ROEs can vary depending on the situation, but follow three main principles

ROE Principles (DMP) similar ot IHL

1. Proportionality 2. Military Necessity 3. Distinction

ROE: Proportionality

- Prohibits the use of force necessary to accomplish the military objective and balances it with the harm it may cause.

ROE: Military Necessity

- Combat forces shall engage only targets that are necessary to achieve a military objective.
- This also applies to types of weapons systems and
their destructive capabilities.

ROE: Distinction

Distinguishing between lawful military targets
and noncombatants (POWs, civilians, unarmed,
etc…)

Q1: List four sources of international law

4 Sources of International Law


1. Treaties
2. Customs
3. General Principles of Law
4. Judicial Decisions and Legal Scholarship

Q2: Three ways that international law is enforced

**3 Ways It’s Enforced**


1. Reciprocity
2. Collective Action
3. Shaming

Q3: How is enforcement of international law different from enforcement of domestic law?

* It is often more difficult to enforce International Law as it does not apply solely to one country.
* It varies from state to state. It also doesn’t just encapsulate one state, as countries also are also regulated by domestics *and* international laws.
* It is also voluntary

Q4: What is the traditional notion of state sovereignty? Why is globalization forcing us to rethink this concept?

The traditional notion of state sovereignty is that each state's right to control their own territory, people, and government without interference from any other state. The reason we have to rethink this concept due to globalization is because states are becoming more **interdependent** on each other when it comes to companies, communications and cultures. People today have more relations across the globe and depend on each other for things from trade to tech.

Q5: Why the sovereignty of nation states is an overriding principle of international law?

The sovereignty of nation states is overriding as its central concept clashes with the concept of international law. The sovereignty of nations says that each state has the right to control their own territory, people, and government without interference from any other state. International law is more dependent on the community of countries

Q5: Explain the role and jurisdiction of the agencies responsible for defining, regulating, and enforcing international laws (e.g. United Nations and the war crimes tribunals)?

The UN, ICJ, and other agencies have the job of ensuring the right values are held up. Their role is to define, regulate, and enforce international laws as well.