International Law Visualized

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International Law Visualized

International Law

Definition: a body of rules established by custom or treaty and recognized by nations as binding in their relations with one another.

Three types:

Public International Law:

Interactions between provinces and international entities[1]

Including:

Treaty law

Law of sea

Criminal law

International humanitarian law

Private International Law:

Concerning:

International Protection of Children

International Protection of Adults

Relations between (former) spouses

Wills, Trusts and Estates

Contracts

Torts

Securities

Recognition of Companies

Jurisdiction/Access to justice issues

Supranational Law:

When nations explicitly submit their right to make judicial decisions by treaty to a set a common tribunal.

Examples: the Articles of Confederation, between the 13 sovereign states of the early United States

The International Court of Justice

Sources of Law

Customary Law:

ex.: A state that carries out or permits slavery, torture, genocide, war of aggression, and crimes against humanity

–>

Silence as Consent:

ex.: Customary laws are pervasive enough to be binding even if not consented to by states.

–>

Some are Codified:

By treaties or domestic law.

ex.: Laws of war (jus in bello) were codified in the Hague Conventions of 1899 and 1907, and the Geneva Conventions.

There’s not a single overarching state actor, so who enforces the law?

6 bodies of the UN:

General Assembly

Economic and Social Council

International Court of Justice

Security Council

Trusteeship Council

Secretariat

The International Court of Justice, since 1945

Location: The Hague, Netherlands

Jurisdiction: Worldwide, 193 state parties

Number of Justices: 15

Judge term length: 9 years

Two states that agree to submit to the ruling of the court may be parties in contentious cases.[2]

Individuals, corporations, parts of a federal state, NGOs, UN organs, and self-determination groups cannot be parties.

Previous Contentious Cases:

1980: US complaining that Iran was detaining American diplomats.

1984: Maritime boundary dispute regarding boundary between the U.S. and Canada in the Gulf of Maine.[4]

1985: Boundary drawing dispute regarding the continental shelf between Tunisia and Libya. [3]

1999: Yugoslavia questioned the legality of use of force by the US and NATO in the Kosovo War.[5]

The International Court of Justice is not bound by previous precedents, though they may consider them. Cases are only binding to the incidents being considered in them.

The court issues both binding judgements

and advisory opinions.

Judgements are enforced by the Security Council

The International Criminal Court, since 2002

Location: The Hague, Netherlands/ anywhere

Jurisdiction: 122 states

—Where:

1.) the accused is a national or a state party.

2.) the crime was committed on a territory

3.) or, a situation is referred by the UN Security Council

Number of Justices: 18 (in three chambers: pre-trial, trial, and appeals)

The US, China, and India are not members of the court[6]

Members of the UN are automatically members of the ICC–> but must individually join the ICJ

Crimes that can be judged in the International Criminal Court include:

Genocide

Crimes against humanity

War crimes

And the crime of aggression

Historical Investigations:

[8]

35 individuals indicted–

8 in custody

2 appearing voluntarily

7 acquitted or charges dismissed

10 fugitives

3 dead

2 arrested by other authorities

3 other

In the nations of:

Democratic Republic of Congo

Uganda

Central African Republic

Darfur, Sudan

Kenya

Libya

Ivory Coast

Mali

Currently all ICC cases have prosecuted parties in Africa[7]

So who is affected by international law?

Refugees are some of our most at risk

International law holds that states are the primary actor in the legal system.

Holding them responsible for what goes on:

1.) under their control

2.) and in their territory

Such as…

Refugees–[10]

Definition: any person owing to a well-founded fear of being persecuted for reasons of:

Race

Religion

Nationality

Membership of a social group

Political opinion

Who is outside of his country and unable or unwilling to avail himself to the protection of his country.

In 2013 there were 16.7 million refugees.

Conflict and persecution force 32,200 people per day to seek protection elsewhere.

Afghanistan is the biggest source of refugees.

And has been for 32 YEARS.

With 1/4 of the world’s refugees being afghan.

Developing countries host over 86% of the world’s refugees.

Leaving them at risk for a variety of mistreatments and horrible living conditions.

Asylum is a right preserved in international law:

[#largest asylum claim countries in 2013]

Germany: 109,600

USA: 84,400

South Africa: 70,000

France: 60,200

Sweden: 54,300

Protecting potential long-term refugees.

International law is increasingly relevant in an interconnected world.

Citations:

1. See the Nottebohm Case (Liechtenstein v Guatemala), [1955] ICJ Reports 4.

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