1. Principles, Role and Nature of International Law

Question 1

Many have described the current situation in Gaza as genocide – considering the UN Genocide Convention, do you agree?

Answer 1

Genocide Convention art II: in whole or in part, a national, ethnic, racial, or religious group.

These acts include:
* Killing members of the group.
* Causing serious bodily or mental harm.
* Preventing people from giving birth

Why they should not be a genocide:
* UN Charter article 51, right to self defense
* IHL customary law, proportionality.

Question 2

intent requirement” listed in Article 2 of the Genocide Convention

Answer 2

The act should have been materialized on purpose.
The specific intent.

Question 3

Different steps of treaty interpretation, and how can they be applied to determine whether genocide has occurred?

Answer 3

Vienna convention law of treaties article 31:

1. Ordinary meaning
2. Good faith
3. Object and purpose
4. Context

Question 4

What differences are there between international law and national law?

Answer 4

International:
1. Governs states and international organisations. Few occations people.
2. Judical branch
3. Treaties created as legally binding when ratified by the relevant number of member states.

National:
1. Governs people and entities
2. 3 branches, judicial, legislative and executive branches.

Question 5

How do these differences matter, or do they not matter much?

Answer 5

They matter significantly because enforcement mechanisms and jurisdiction differ, impacting global cooperation, accountability, and justice.

But they risk bad reputition and potentially the matter can be discussed in the SC why it can have consequences.

Question 6

What is the purpose of international law?

Answer 6

• Maintaining International Peace and Security
• Fostering Friendly Relations Among Nations
• Promoting International Cooperation
• Harmonizing Actions of Nations

UN Charter article 1

Question 7

Who is bound by international law?

Answer 7

States, international organizations, and in some cases individuals (e.g., in war crimes) are bound by international law.

Question 8

How do you “stand up” for international law?

Answer 8

1. advocate compliance,
2. use international courts,
3. apply diplomatic pressure,
4. align national policies,
5. Denmark, as a UNSC member, priorities by strengthen this by standing up for IL and IHL, address climate-security risks, and implementing women’s peace and securoty agenda.

Question 9

What is the future of international law?

Answer 9

Neo-Westphalian
Parochialism over Cosmopolitanism: Prioritizes state sovereignty and local governance over global norms.
Risks interference with human rights law.

**Douglas Guilfoyle essay **

Shirley Scott: IRBO replaced the politcially neutral order, as it the soverign power states who takes the lead.

Monica Hakimi: Conflicts within IL is productive.

Tom Ginsburg: IL is going from a liberal order to a power driven system of international law.

Question 10

How is international law enforced?

Answer 10

UN Security Council: Can adopt resolutions condemning illegal actions, impose sanctions, or authorize military intervention to maintain international peace and security.

UN General Assembly: When the Security Council is blocked by veto power, the General Assembly can condemn illegal actions and mobilize international pressure.

International Courts, such as the International Court of Justice (ICJ), can resolve disputes between states and determine whether a state has violated international law.

Limits to Enforcement (Examples):
Selective Enforcement
Example: U.S. Invasion of Iraq (2003) - Despite global protests and claims of illegality, there were no significant repercussions due to U.S.’s power.

Geopolitical Considerations
Example: Powerful states like Russia or China often escape stringent repercussions due to their influence within the UN Security Council and other global forums.

Question 11

Soverignity

Answer 11

Sovereignty is the supreme authority of a state to govern itself and make decisions independently.

Mentioned in art:
2(1) - soverign equality.
2(7): Prohibits the UN from intervening in matters that are within the domestic jurisdiction

Article 2(1) provides the broad principle of sovereignty, while Article 2(7) operationalizes it by restricting external interference in domestic matters.

Article 2(7) introduces an important qualification: sovereignty is not absolute and may be overridden by Security Council actions under Chapter VII.

Question 12

How does Chapter VII of the UN Charter allow the Security Council to address threats to international peace?

Answer 12

Identification of Threats (Article 39):

The Security Council determines if there is a threat to peace, breach of peace, or act of aggression. This decision triggers actions under Chapter VII.

Non-Military Measures (Article 41):
The Council can impose actions not involving armed force to restore peace.
Examples:
Economic sanctions (e.g., trade embargoes).
Diplomatic measures (e.g., severing relations).
Financial and travel restrictions.

Use of Force (Article 42):
If non-military measures fail, the Council may authorize military force.
Examples:
Direct interventions by UN or coalition forces.
Naval blockades, no-fly zones, or peace enforcement missions.

Binding Nature:
Decisions under Chapter VII are legally binding on all UN member states (Article 25).
States must comply with measures like sanctions or military actions.

Examples of Chapter VII Actions:
Iraq (1991): Military intervention to liberate Kuwait.
Libya (2011): Military intervention to protect civilians under R2P.

Question 13

ICJ Art 38(1)

Answer 13

Fefines the sources of international law that the ICJ uses to resolve disputes.

1. International treaties
2. Customary law
3. General principles of law (UN Charter art. 2)
   - Soverign equality
   - Good faith fullfil obligations

Question 14

Unilateral declaration

Answer 14

The state bind itself to a statement, as Egypt and Seuz Canal, by assuring freedom passing the

Question 15

UN Security Council Resolutions

Answer 15

Binding under chaper 7
Can make reccomendations under chapter 6 to disputes.

Question 16

UN General Assembly resolutions

Answer 16

Definition: Recommendations adopted by the UN General Assembly, often reflecting global opinion but not legally binding.

Legal Significance:
May influence the development of customary international law if widely accepted and consistently practiced.

Example: The Universal Declaration of Human Rights (1948).

Question 17

ILC Draft Articles

Answer 17

Definition: Proposed codifications or progressive developments of international law prepared by the International Law Commission (ILC).

Legal Significance:
Non-binding in themselves but may influence treaty negotiations or customary law.

Question 18

“General Comments” by UN human rights bodies

Answer 18

Definition: Interpretative documents issued by UN treaty bodies (e.g., Human Rights Committee) to clarify the meaning and scope of treaty provisions.

Legal Significance:
Non-binding but carry persuasive authority in understanding and applying human rights treaties.

Question 19

Jus cogens norms

Answer 19

Definition: Peremptory norms of international law accepted as fundamental and non-derogable.

Characteristics:
Override other international agreements or norms.

Cannot be violated or set aside by treaty or custom.

Examples:
Prohibition of genocide, slavery, torture, and aggression.