Presentation Transcript

1. LAW 549

   Introduction to International Law and International Humanitarian LawLAW 549

2. Public International Law LAW 549 The set of rules and principles of general application that regulate the conduct of, and relations between, states, international organizations and to a limited extent, individuals."
3. Sources of International Law LAW 549 Statute of the International Court of Justice a) international conventions, whether general or particular, establishing rules expressly recognized by contesting states b) international custom, as evidence of a general practice accepted as law c) the general principles of law recognized by civilized nations d) judicial decisions and the teachings of the most highly qualified publicists of the various nations, as a subsidiary means for determination of rules of law
4. Treaties/Conventions LAW 549 Vienna Convention on the Law of Treaties a treaty is a formal agreement, either bilateral or multilateral. a binding instrument, which means that the contracting parties intended to create legal rights and duties; concluded by states or international organizations with treaty-making power; governed by international law; and, in writing.
5. Customary Law LAW 549 LAW 549 Customary international law is made up of rules that come from "a general practice accepted as law" and that exist independent of treaty law. State practice Opinio juris Generally binding on all states
6. Judicial Decisions/ Juristic Writing LAW 549 Do not create obligations generally Decisions of ICJ are binding on parties to the action Provide guidance on interpretation ICJ, ICC and ICT judgements are authoritative
7. International Humanitarian Law LAW 549 Those international treaties, conventions, rules, regulations and customary international law that govern the conduct of hostilities during an armed conflict.
8. The Law of Armed Conflict LAW 549 Governs conduct of military operations & military personnel during armed conflict Legally binding on states, their leadership on military personnel
9. The Purposes of IHL LAW 549 Reduce unnecessary suffering Protect the victims of armed conflicts, whether combatants or non-combatants Facilitate the restoration of peace
10. IHL Principles LAW 549 Military Necessity Distinction Humanity Proportionality
11. Sources of IHL LAW 549 Treaty Law Binding agreements between 2 or more states Customary Law state practice repetition generalized perceived as a legal obligation (opiniojuris)
12. Unique Role of CIL in IHL LAW 549 Customary international humanitarian law (IHL) is of crucial importance in today’s armed conflicts because it fills gaps left by treaty law in both international and non-international conflicts.
13. Martens Clause LAW 549 The Martens Clause states that insofar as the IHL treaties are silent on a specific issue, customary international law continues to govern the situation. Furthermore, the Martens Clause implies that what is not expressly forbidden by the IHL is not necessarily permitted.
14. Contemporary IHL Evolved from Two “Streams” LAW 549 GENEVA STREAM : Protection of victims of war HAGUE STREAM : Means and methods of warfare
15. Types of Armed Conflict LAW 549 International Armed Conflict Conflict between states Wars of national liberation Applicable Treaty Law Geneva Conventions Additional Protocol I
16. Types of Armed Conflict LAW 549 Non-international Armed Conflict A conflict which takes place in the territory of a state between its armed forces and dissident armed forces or organized armed groups… Often referred to as “civil war” Applicable Treaty Law Additional Protocol II Common Article 3
17. Implementing IHL LAW 549 Duty to Disseminate to Armed Forces Duty to Train Your Personnel make IHL instinctive Incorporate Organically In doctrine (schools & training centres) In all operational training (Commanders) In operational planning (staffs) In operations (comds at all levels)
18. Reasons to Obey IHL LAW 549
19. Results LAW 549 Compliance with Law Conformity with Moral Imperatives Enhanced Operational Effectiveness Better Discipline & Professionalism
20. QUESTIONS?