| 1.
What is international law?
International law consists of rules and principles,
which govern the relations and dealings of nations with
each other. It can only work if the nation-states, which
make up the system, accept and abide by those rules.
2.
Where do these rules come from?
They come from several places. First, sometimes states consistently
follow certain general practices out of a sense of legal
obligation (customary law). Second, the rules may come from
international agreements (conventional law). And third,
general principles that are common to the national laws
of many states usually contribute to international law.
3.
What is the role of international law?
International law provides an alternative to the use of
force in settling disputes by relying on compromise, cooperation,
mutual legal obligations, and common ends. In today’s
world of increasingly interdependent nations and economies,
the resolution of conflicts without violence is more essential
than ever.
4.
Is international law enforceable?
Yes, there are several mechanisms by which international
law can be enforced. One way is through the use of international
pressure short of the use of force, such as economic pressure.
Another is prompted by a nation’s wish to maintain
a favorable public (national as well as international) image.
This is particularly integral to the enforcement of human
rights law. Also, nations must realize that in order for
international law to function, each nation-state must assume
responsibility for its enforcement. One of the ways in which
they can do this is by supporting and participating in international
bodies, such as the United Nations.
5.
What is the United Nations?
The United Nations is an international organization (one
created by international agreement and/or has membership
consisting primarily of nations) that was formed in 1954.
Today it has 191 Member States. Its declared purposes are
to maintain peace and security, to develop friendly relations
among nations, to achieve international cooperation in solving
international problems, and to be a center for harmonizing
the actions of the nations and attaining their common ends.
The UN Charter specifically calls on it to undertake the
progressive codification and development of international
law.
6.
What does the UN Charter say about the use of force/crimes
of aggression?
The UN Charter prohibits Member States from using
force or threatening to do so in their international relations
with other states (Chapter I, Article 2, Section 4). If
a threat or breach of the peace occurs, the Security Council
is to decide what shall be done to restore international
peace and security (Chapter VII, Article 39).
7.
What are some UN bodies that help determine international
law?
The UN has numerous committees and sub-committees that govern
different facets of international law. The main committee
is the Sixth Committee of the General Assembly, which deals
with matters of international law. There is also the International
Law Commission that prepares drafts on topics of international
law, which can then be incorporated into conventions and
opened for signature and ratification by States. The Commission
on International Trade Law and the Commission on Human Rights
are two other examples.
8.
What is humanitarian law?
Humanitarian law is an international body of rules, which,
in wartime, protects persons who are not or are no longer
participating in the hostilities and restricts the means
and methods of warfare. Its central purpose is to limit
and prevent human suffering in times of armed conflict.
9.
How has humanitarian law been established?
International humanitarian law developed in the 19th and
20th centuries. It was codified in the four Geneva Conventions
of 1949 and their two Additional Protocols of 1977, which
are the principle instruments of humanitarian law. Two of
the basic rules that they established are:
1) It is prohibited to employ weapons or methods of warfare
of a nature to cause unnecessary losses or excessive suffering
(e.g. chemical and/or biological weapons).
2) Parties to a conflict shall at all times distinguish
between the civilian population and combatants in order
to spare the civilian population and their property. Attacks
shall be directed solely against military objectives.
10.
What is human rights law?
While humanitarian law applies in situations of armed conflict,
international human rights law, being tailored primarily
for peacetime, applies at all times. Its principal goal
is to protect individuals from unjust and/or cruel behavior
by their own governments.
11.
What are some implementing mechanisms for human rights law?
The primary document behind international human rights law
is the Universal Declaration of Human Rights, which was
adopted by the UN General Assembly in 1948. As a General
Assembly resolution, it is considered “soft law.”
Supplementing the Universal Declaration are two treaties:
the International Covenant on Civil and Political Rights,
which entered into force in1966 and the International Covenant
on Social, Economic, and Cultural Rights, which into force
in 1966.
12.
What are the main principles/guarantees of human rights
law?
International human rights law states that the right to
life, the prohibition of torture and inhuman punishment
or treatment, slavery and servitude, and the principle of
legality and non-retroactivity of the law must be respected
in all circumstances. It also stipulates that states must
guarantee rights to self-determination, property, due process,
fair working conditions, access to health care, and education.
13.
What is the International Criminal Court (ICC)?
The ICC was established by the Rome Statute in 1998 and
officially came into force on July 1, 2002. It is the first
ever permanent, treaty-based, international judicial body
capable of investigating and trying individuals accused
of the most serious violations of international humanitarian
and human rights law, namely genocide, crimes against humanity
and war crimes. Like preceding ad hoc international criminal
tribunals, the ICC is based on the idea that individuals
can and should be held criminally accountable for the actions
of states.
14.
What, more specifically, is the ICC’s purpose?
The ICC makes international standards of conduct more specific,
provides an important mechanism for implementation of these
standards and ensures that the perpetrators are brought
to justice before the ICC when national Courts are unable
or unwilling to do so. Equally important could be the impact
on national laws as ratifying nations fulfill their obligation
to ensure that these crimes can be tried within their own
borders.
15.
What is the U.S. stance regarding the ICC?
President Bill Clinton signed the 1998 Rome Statute in December
2000. Less than six months after that, however, the Bush
administration withdrew the US signature on the treaty and
announced that it has no intention to become party to the
Statute. Furthermore, the U.S. has repeatedly tried to undermine
the Court and this opposition is creating tensions with
allied nations, nearly all of which have signed and ratified
the treaty and with the international community at large.
16.
Are nuclear weapons illegal under international law?
In July of 1996 the International Court of Justice (ICJ),
the principal judicial organ of the United Nations, gave
an Advisory Opinion about the Legality of the threat or
use of nuclear weapons. The 14 judges concluded unanimously
that the use of nuclear weapons would generally be contrary
to the principles and rules of international humanitarian
law. The ICJ further noted that even “in an extreme
circumstance of self-defense,” humanitarian law applies.
The ICJ also did not accept the argument that the use of
small, precisely targeted tactical nuclear weapons would
conform to international law. Although today there is no
comprehensive and universal prohibition against nuclear
weapons, the ICJ stated that the nuclear weapons states
are obligated to negotiate a treaty leading to nuclear disarmament.
17. What are some additional
online resources that I can access if I am interested in
learning more about international law and security?
The Internet contains an exceedingly large number of websites
that offer information on issues concerning international
law and security. Here are just a few of them that are especially
useful:
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