5 - The Individual in International Law Flashcards
What is international human rights law?
A series of treaties and instruments that give legal rights and obligations to states on human rights.
What is International Humanitarian Law?
International humanitarian law (IHL), also referred to as the laws of armed conflict, is the law that regulates the conduct of war. Specifically, it aims to protect those who are not directly participating in combat.
What was the traditional view of international law in relation to individuals?
That individuals were incapable of bearing rights under international law, they were seen as citizens of stages and international law was the law between states
Since when did the traditional view change?
After world war 2, this gave rise to international human rights law
What is the underlying idea of international human rights law?
The underlying idea is that individuals need to be protected by their own governments
What impact has the declaration of human rights had on international human rights law?
Enormous, this is because it has led to states guaranteeing human rights and leads to the conclusion that some of its provisions have crystallized into customary international law
What is the principle of distinction in international humanitarian law?
Combatants can only attack military objectives, this is pivotal as it prevents unnecessary deaths of civilians
What is the principle of proportionality in international humanitarian law?
Combatants must avoid or minimise civilian damage, this is a flexible principle which aims to achieve the military objective with the least amount of civilian damage
What conduct would be considered a “grave breach” of international humanitarian law?
Wilful killing
Torture or inhuman treatment
Wilful harm
What is “armed conflict”
Armed conflict is where there is protracted armed violence between governmental authorities and organised armed groups
What is an international armed conflict?
An armed conflict would be classed as international if two or more high contracting parties either 1) declared war or 2) any other kind of conflict or 3) partially or totally occupied a parties territory
What is non international armed conflict?
This occurs in the territory of one of the high contracting parties, for example civil war
What are the requirements for a non international armed conflict?
1) must be government involvement
2) an organised armed group must control the territory and
3) must take place in the territory
What is a mixed conflict?
This is where another state intervenes with troops or some of the participants in an internal conflict act on behalf of another state
What is international criminal law?
A set of rules designed both to proscribe certain categories of conduct and to make persons who engage in such conduct criminally liable
