International Law Unit 1 (COPY!!)

T. Otto - Flashcard Duplicate

How did the Code of Hammurabi change the way laws were enforced and understood in ancient societies?

• Hammurabi’s Code was one of the earliest and most comprehensive sets of written laws.

• It defined social hierarchies, the responsibilities of citizens, and systems of governance.

• It introduced the concept of “an eye for an eye”, emphasizing fairness and justice.

• It established the idea that law should be public and visible, rather than a private or hidden agreement.

Why were symbols like the scales of justice and Lady Justice significant in shaping people’s perception of law?

• Create imagery that represents balance and fairness in the law

• Remind people that the law strives to be impartial and free from bias

What were the Caves of Lascaux?

• Contain some of the most famous prehistoric cave paintings in the world

• Created around 15,000 years ago by early modern humans

• Feature vivid images of animals such as bison, horses, and deer

• Believed to have been used for ritual or “hunting magic” purposes

• Discovered in 1940 and now a UNESCO World Heritage Site

• Preserved to protect the fragile ancient artwork

Why were the Cave of Lascaux important to the development of law?

• Show how early humans used art to communicate shared values, rules, and beliefs before written language existed

• May have served as a way to teach norms or guide behavior, such as how and what to hunt

• Reflect an early form of social order

• Helped establish common understandings and cooperation, key foundations for the development of laws

Code of Hammurabi vs Modern Day Laws

• One of the earliest written legal systems, created around 1772 B.C. in Mesopotamia by King Hammurabi.

• Established that laws, not a single ruler’s will, determine punishments for crimes.

• Laws were written and publicly displayed to maintain social order and prevent chaos.

• Punishments were often based on “an eye for an eye,” aiming to make the penalty fit the crime.

• Social status influenced the severity of punishments; noblemen had more rights than ordinary citizens.

• Similar to modern legal systems, the code addressed issues like trade, marriage, taxes, theft, and murder.

5 examples of Hammurabi’s code

3. If any one bring an accusation of any crime before the elders, and does not prove what he has charged, he shall, if it be a capital offense charged, be put to death.

6. If any one steal the property of a temple or of the court, he shall be put to death, and also the one who receives the stolen thing from him shall be put to death.

14. If any one steal the minor son of another, he shall be put to death.

15. If any one take a male or female slave of the court, or a male or female slave of a freed man, outside the city gates, he shall be put to death.

22. If any one is committing a robbery and is caught, then he shall be put to death.

Why is Hammurabi’s code a turning point in modern world history?

• First known codification of laws in human history.

• Shifted power from rulers making arbitrary decisions to a system governed by written rules.

• Laid the foundation for the concept of justice being accessible and predictable.

• Influenced later legal systems, including modern democracies.

How did Hammurabi ensure nobody

How is Hammurabi’s code similar to how laws are communicated in the U.S. today?

• U.S. laws are written and publicly accessible.

• Ignorance of the law is not an excuse for breaking it.

• Judges determine punishments based on codified laws, similar to Hammurabi’s system.

• Written laws ensure fairness, predictability, and social order.

Main differences between Hammurabi and Confucius

• Hammurabi used written laws and strict punishments to maintain social order, often based on social class.

• Confucius emphasized morality, virtue, and personal responsibility to achieve harmony and proper behavior.

Sharia Law

• Developed in the 7th century CE in the Arabian Peninsula, based on the Quran and Hadith, reflecting Islamic religious and cultural principles

• Guides behavior through rules on worship, morality, family, commerce, and justice, emphasizing fairness, accountability, and community responsibility

• Applied by religious scholars and courts, with punishments ranging from fines and restitution to corporal or capital penalties depending on the crime

Chinese Law

• Originated over 2,000 years ago, influenced by Confucianism, Legalism, and dynastic codes throughout China’s history

• Emphasizes social harmony, hierarchy, and moral behavior, with rules covering family, property, and criminal matters

• Enforced by the state through courts and officials, with punishments ranging from fines and labor to imprisonment or execution depending on the crime

Persian Law

• Developed in ancient Persia (modern-day Iran), influenced by the Achaemenid Empire (c. 550–330 BCE) and later Zoroastrian principles

• Emphasized justice, order, and the king’s role in maintaining law, covering family, property, trade, and criminal matters

• Enforced by royal officials and local governors, with punishments including fines, restitution, or corporal penalties to maintain social order

African Law

• Originated from diverse indigenous societies across Africa, based on customs, traditions, and communal consensus rather than written codes

• Emphasizes community harmony, restorative justice, and moral conduct, with rules covering family, land, trade, and social responsibilities

• Enforced by elders, chiefs, or councils, using mediation, compensation, or social sanctions rather than formal courts or harsh punishments

Medieval Law

• Developed in Europe during the Middle Ages, influenced by Roman law, canon (church) law, and local feudal customs

• Emphasized hierarchy, loyalty, and obligations between lords, vassals, and peasants, with rules covering property, crime, and contracts

• Enforced by kings, local lords, and church courts, with punishments ranging from fines and imprisonment to corporal or capital penalties

Roman Law

• Originated in ancient Rome, beginning around 449 B.C. with the Twelve Tables and later expanded through imperial legislation and legal scholars

• Focused on property, contracts, family, and criminal matters, emphasizing fairness, legal rights, and the concept of citizenship

• Enforced by magistrates and courts, with punishments including fines, restitution, corporal punishment, or exile depending on the offense

Aztec Law

• Developed in the Aztec Empire (14th–16th centuries) in central Mexico, based on codified rules and oral traditions to govern social, economic, and religious life

• Emphasized community order, respect for authority, and moral conduct, covering crimes, trade, family, and tribute obligations

• Enforced by appointed officials and judges, with punishments ranging from fines and labor to corporal or capital penalties depending on the severity of the offense

English Common Law

• Originated in England after the Norman Conquest (1066), based on court decisions, customs, and precedents rather than written codes

• Emphasizes fairness, consistency, and the use of past judicial decisions (precedent) to guide rulings in civil and criminal cases

• Enforced by royal courts and judges, with punishments including fines, imprisonment, or other remedies depending on the crime or dispute

Germanic Law

• Developed among early Germanic tribes in Europe, combining customary tribal practices with some Roman legal influences

• Focused on restoring social harmony and compensating victims, covering family, property, and criminal matters

• Enforced by tribal leaders or assemblies, using fines, restitution, or exile rather than centralized courts or harsh corporal punishments

Mosaic Law

• Originated in ancient Israel around the 13th–12th centuries B.C., based on the laws given to Moses in the Torah (Hebrew Bible)

• Emphasizes moral conduct, religious duties, and social justice, covering worship, family, property, and criminal behavior

• Enforced by priests, judges, and elders, with punishments including restitution, fines, corporal punishment, or capital penalties depending on the offense

What is the UDHR?

• The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations in 1948.

• It outlines fundamental human rights and freedoms that all people are entitled to, regardless of race, religion, nationality, or status.

• Covers rights such as freedom of speech, equality before the law, the right to education, and protection from torture or discrimination.

Why is the UDHR important for the development of international law?

• They establish a common standard of human rights that all nations can recognize and aspire to uphold.

• Provide a foundation for treaties, conventions, and international legal systems, influencing modern international law.

• Help hold governments accountable for protecting individuals’ rights and preventing abuses globally.

Prohibition of Genocide

No group of people can be destroyed because of their identity.

Prohibition of Slavery and the Slave Trade

No one can be owned, sold, or forced to work without freedom.

Prohibition of Torture and Cruel, Inhuman, or Degrading Treatment

No person may be tortured or treated in a way that causes extreme suffering.

Prohibition of Crimes Against Humanity

Mass crimes like murder, persecution, or enslavement of civilians are illegal everywhere.

Prohibition of War Crimes (Grave Breaches of the Geneva Conventions)

Soldiers and leaders cannot commit crimes like targeting civilians or using banned weapons.

Prohibition of Aggression / Unlawful Use of Force (Wars of Conquest)

Countries cannot start wars or invade others to take land or power.

Right of Peoples to Self-Determination (Freedom from Colonial Domination)

Nations and peoples can choose their own government and future, free from outside control.

Prohibition of Racial Discrimination and Apartheid

No system can separate or mistreat people based on race.

Michael Domingues v. United States (2002)

• Sentenced to death at age 16, raising issues of juvenile execution under international human rights law.

• IACHR ruled the U.S. violated customary international law prohibiting execution of juveniles.

• Prohibition of Torture and Cruel, Inhuman, or Degrading Treatment – Execution of juveniles can be considered cruel and inhuman treatment under evolving human rights standards.

• Right to Life – Fundamental principle violated by sentencing a minor to death.

Prosecutor v. Anto Furundžija (1998) ICTY

• Convicted for torture and sexual assault during the Bosnian War, holding commanders responsible for subordinates’ crimes.

• Established legal standards for torture and sexual violence in armed conflict under international humanitarian law.

• Prohibition of Torture and Cruel, Inhuman, or Degrading Treatment – Furundžija was convicted for torturing and sexually assaulting a civilian.

• Prohibition of War Crimes (Grave Breaches of the Geneva Conventions) – Crimes occurred during armed conflict, violating international humanitarian law.