Public International Law: An Overview/Summary of All Substance

public International Law


W1: Introduction Human Rights
Jurisdiction  methods of consent - ICJ Statute UDHR: non-binding, but much is reflected as customary
art, 36 and 38(5) international law
1. Special agreement ICCPR: civil and political rights
2. Compromissory clause  Obligation of result
3. Optional clause  Negative: states have to refrain from violation
4. Forum prorogatum ICESCR: economic, social and cultural rights
Legal disputes between states alone  Obligation of conduct
 Positive: states must adopt measures
Advisory opinion – UN Charter art. 96
Non-binding, authoritative, Court can decline if Respect + protect + fulfill
inappropriate
Chagos Archipelago The Right of Life – ICCPR art. 6(1)
- Only compelling reasons may lead to  Deprived – intentional or foreseeable
refuse. It has to give careful  Arbitrarily – could be lawful
consideration  Legal force is unreasonable, unnecessary or disproportional
- Circumvention of consent  No derogation – ICCPR art. 4(2) but also not absolute
Billy et al v. Australia: reasonably foreseeable threats and life-
Sources of international law – ICJ Statute art. threatening situations that can result in loss of life. Even if threat
38 does not result in loss of life.
1. Treaties/conventions/protocols  Obligation of result
2. Customary international law
a. State practice: consistence Human Rights Council = UN Charter-Based institution  GA res.
b. Opinion juris: acceptance HRC
3. General principles of international law  Create missions
 Authorize an independent expert to monitor a situation
Statehood – Montevideo Convention  Cannot directly hear claims, only a subdivision can
1. Permanent population  Cannot sanction a state
2. Defined territory  Review the human rights record during its universal period
3. Government review  universal periodic review: every 4 years on human
4. Capacity to enter into relations with states rights violations (non-binding)
 Thematic mandates + country-specific mandates
Self-Determination – GA Res 1514  Can hold a special session, but not require anyone to come
Chagos Archipelago
Human Rights Committee = treaty-based body
States Responsibility - ARISWA  Monitoring
- International Wrongful Act = violation art. 2  Enforcement
a. Attribution  Interpretation of treaties
b. Breach  Hear claims of individuals of member states
- Circumstances precluding wrongfulness  They both make recommendations
(force majeure)  chapter V
- Legal consequences Extraterritorial application: bound by human rights when
1. Cessation – art. 30 operating somewhere else?
2. Reparations – art. 31 and 34 Meaning EHCR art. 1: ‘within their jurisdiction’
a. Restitution Jaloud v. Netherlands
b. Compensation 1. Territorial
c. Satisfaction 2. Extraterritorial
a. Spatial: effective control over an area
b. Personal: physical power and control over person

, public International Law


W2: Law on the Use of Force Law of Armed Conflict IHL
Prohibition use of force  UN Charter art. 2(4) Regulates the actual use of force
+ customary law  Nicaragua v. USA. Jus Law of armed conflict, law of war, international humanitarian
cogens norm, no derogation possible. law
1. International relations: between states Geneva Conventions + Customary international law
2. ‘Force’ = direct and indirect force  GC I: wounded and sick on land (armed forces)
3. Against the territorial integrity or  GC II: wounded and sick at sea (armed forces)
political independence  GC III: prisoners of war (armed forces)
 GC IV: civilians
Exceptions on the use of force  Additional Protocol I: international armed conflicts
1. Self-defense – UN Charter art. 51 +  Additional Protocol II: non-international armed conflicts
Nicaragua v. USA
a. Individual self-defense Application LOAC – GC art. 2 ‘armed conflict’
b. Collective self-defense a. International conflicts
Victim able to exercise individual self- b. Non-international conflicts: state and non-state actor
defense, victim declares himself victim, 1. Level of violence that surpasses certain minimum
victim asks for help threshold
c. Anticipatory self-defense: threat is 2. Both parties to conflict are military organized
instant, overwhelming, leaving no 3. Both sides control some territory (when this is not the
choice of means and no moment for case, only art. 3 GV applies)
deliberation, it’s very close MH17 Pulatov
Pre-emptive self-defense is unlawful
Three conditions: Participation in hostilities
1) Armed attack a. Lawful combatants: prisoner of war status
2) Necessity & proportionality Can’t be prosecuted
3) Notification UN Security Council 1. Party to the conflict
2. Enforcement Actions: acting under the 2. Members to organized force: regular or irregular armed
authorization of the UN Security council – forces GCIII art. 4
UN Charter, chapter 7 b. Unlawful combatants  can be prosecuted

Use of force is lawful if: Legitimate targets
1. The initial use of force meets the law on the 1. Principle of distinction – API art. 48 + 52 (military objects)
use of force 2. Principle of proportionality – API art. 51(5)(b)
2. A use of force has to comply with the law of 3. Principle of precaution – API art. 57
armed conflict




W3 International Criminal Law ICC admissibility
Issues of admissibility – RS art. 17