Exam Prep IL Flashcards
1
Q
Why will states even if they lose more often than not comply with an ICJ judgement?
A
- Bound legally in the UN Charter
- Maintain Rule of Law
- Reputation
- Diplomatic pressure
- Soft power/credibility
- encourage others to comply
RBIO: More dynamic, more flexible, adaptive, norms/principles. More vulnerable because lies on norms.
Law-based: formal Treaties, legal frameworks, formalized guide state behavior.
2
Q
To what extent are ICJ judgements relevant for the development of international law? Do they constitute a source of international law? Why/why not? To what extent does the ICJ matter to international security?
A
- Nit binding but clarify, interpret, and apply shaping its development.
- Filling gaps etc.
- can be seen by how it is often cited
- They bind the parties in the case in question.
- Influence CIL - They identify whether state practice and opinio juris exists.
- No binding precedent for future cases.
- limited jurisdiction. Relies on UNsC for enforcement.
3
Q
What is remarkable about the ICJ’s genocide cases? Can a lawsuit before the ICJ be considered ”lawfare”?
A
- They set standards for genocide interpretation ie Serbia v Bosnia 2007 and state responsibility.
- Lawfare: That states use ICJ for broader strategic goals. To gain sympathy, support, undermine opponent etc. (Such as Georgia v Russia 2008 (ethnic cleansing to bring it to attention) - (Russia argued that IVJ lacked jurisdiction)
ICJ ruled that it lacked jurisdiction (due to lack of bilateral negotiations and engagement beforehand)
4
Q
Is it a sign of success when the ICJ has many cases and many interventions and issues many provisional measures? What problems could arise?
A
5
Q
How can a case be started before the ICJ? In other words, what are the requirements for the ICJ to have ”jurisdiction”?
A
1) Contentious case: A state dues another state for violating IL.
Advisory opinions: UN body or specialized agency requests ICJs legal opinion on a question of IL.
Jurisdiction:
1) Mutual consent (special agreement)
2) Optional Clause Declarations (such as Nicaragua V United States (1986) Article 36(2)
3) Treaty-based Jurisdiction
6
Q
What is the ”optional clause”? Why would one sign up for it?
A
- Unilaterally accepts ICJ jurisdiction. Preconsenr with others who’ve done the same.
- only if both states has. Can limit or condition acceptance in certain types of cases.
- Promotes Rule of Law, credibility, deterrence (might deter others)
Not: Sovereignty concerns, lawfare, reservations/conditions.
7
Q
What are in the context of the ICJ preliminary objections?
A
- Preliminary objections: Legal argument raised by state to challenge ICJ jurisdiction or admissibility of a case before court hears merits. Purpose to stop case or challenge jurisdiction. (Within 3 months of a case being filed) Such as Russia v Georgia (2008) where Russia objected to jurisdiction and won.
8
Q
What kinds of jurisdiction exist to initiate a case before the ICJ? What do they have in common and how do they differ?
A
- Contentious Jurisdiction (states bring case to ICJ)
- Treaty-based consent (UNCLOS or genocide convention Bosnia v Serbia 2007)
- Optional clause jurisdiction (pre consent can have reservations)
- Advisory opinions (UN agencies)
9
Q
Why should a state comply with a ’negative’ judgement?
A
10
Q
To what extent are ICJ judgements relevant for the development of international law? And for global governance and international security?
A
- Clarifies treaties, wordings, meaning
- Codifies CIL (ICJ judgements)
- Legal forum for peaceful conflict resolution
- Claire’s use of force rules, genocide and atrocity crimes.
No direct enforcement but political influence.
11
Q
What are advisory opinions? How are they different from the other proceedings before the Court?
A
- Non-binding
- Requeated by UN bodies
- Contributes to legal interpretation.
Legal Consequences of the Construction of a Wall in the Occupued Palestinian Territories (2004)
Violated right of self-determination of the Palestinian People.
Acquiring territory by use of force.
12
Q
When to start TJ and when to end it?
A
- Usually after peace or cessation of hostilities. Practical level makes easier.
- TJ ending depends on conflict.
Too soon: unfinished accountability or unreal moves grievances.
Too late: justice fatigue, loss of political momentum.
De-baathification: Too soon
Too late: ISIS
13
Q
Why is TJ necessary (if at all)?
A
- Accountability (value for victims)
- Truth seeking
- Reparations for Chctims
- Reform
- Reconciliation
- Prevention of future crimes.
14
Q
Which TJ mechanism(s) should be chosen?
A
- Criminal prosecutions (ICC, Nuremberg Truals, ICTY)
- Truth Commussuons
- Reparations Programs
- Institutional Reforms
15
Q
Who should decide on these TJ questions?
A
- National Governments
- Victims/civil society in cooperation with NGOs
- International Community (UNSC could establish ICTY for example)
16
Q
How do you measure the success of TJ?
A
- Were they held accountable?
- Clear record of truth?
- Reparations?
- Reconcuualtuon
- Institutional Reform
- Rule of Law
17
Q
What other challenges to TJ do you see re: Syria, Ethiopia etc.?
A
18
Q
What is international criminal law (ICL) about?
A
- Acvountability
- Deterrence
- Justice for victims
- Historical record
- Promoting Intwrnatnio peace.
Core (atrocity) crimes: Genocide, CAH, WCs, Crime of aggression.
Genocide defined in (Genocide Convention 1948, ICTY, Nuremberg Trials, Rome Statute ICC (1998)
19
Q
What are the history and origins of ICL?
A
- Nurmenberg Trials and Toyo Trials. First major prosecutions.
- Developed into conventions, eventually ICC etc
20
Q
What are the sources of ICL? What role is there for customary law, if any?
A
- Treaties (Rome statute 1998), Geneva conventions (1949)
- CIL (genocide ICJ Bosnia 2007 confirmed this) and war crimes(ICTY), CAH (Nuremberg CIL)
21
Q
What is ”universal jurisdiction”? Why is it important? What issues are there?
A
- A state can prosecute certain serious crimes regardless of where and who was involved.
Examples: Pinochet request from Spain to UK for torture and CAH.
Issues: - Lack of consistency
- Head of state might claim sovereign immunity.
- Extradituin issues.
- No universally agreed-upon definition of crimes under yniversal jurisdiction.
- polite action of justice.
- Unequal application.
22
Q
Which crimes are considered ”international crimes”? Why these and not others?
A
- Genocide
- WCs
- CAH
- Crime of aggression.
Thrrreaten global peace and security,
so serious and inhumane that it requires international intervention,
Requires accountability beyond bordera
23
Q
How can you distinguish these crimes from each other?
A
Look at the facts of the case.
Look at treaties (how are the crimes defined)
Look at CIL (what previous cases)
24
Q
Does it matter which international crime is being committed in a given scenario? Which of these crimes appear relevant since 7 October in the Israel-Gaza situation?
A
It matters.
- Genocide triggers obligations under Genocide Convention
- War crimes prosecuted under IHL
- CAH.
- War crimes generally easier to prove than genocide. Genocide requires intent and higher burdes of proof.
Bosnia V Serbia 2007:
Srebrenica 1995 genocide happened by Serb military forces.
Serbia did not commit genocide (no proved intent) due to military not under effective control.
But Serbia failed to prevent genocide.
25
What difference does it make whether the ICC was established by a Security Council resolution like the ICTY or by a treaty like the ICC? Which base is preferable and why so?
- International Criminal Tribunal for the former Yugoslavia (ICTY) and the ICTY estbliahesed under SC - ICC established by treaty.
**Advantages**:
- - SC Resolutions under Chapter VII binding on all UN member states.
- Quick to establish.
- - Broad Jurisdiction over all parties to the conflict.
- **Disadvantage**:
- Termporary and limited to conflicts, tribunals crewated by SC might seem imposed by others.
ICC: Greater legitimacy, permanent jurisdicstion, less political influence due to indepndence of UNSC. Jurisdiction limited to ratifying states, slow process, states can opt out.
26
Does the ICC have universal jurisdiction? If not, should it?
It does not.
It is unrealistic even if in a dream world it would help international law.
Especially seen in light of move towards RBIO.
1) territory
2) nationality
3) voluntary
4) UNsC referral
27
Which crimes can be prosecuted before the ICC? What are the main characteristics of each crime?
WC: serious violations of IHL
CAH: Widespread or systematic attack against a civilian population.
CoA: use of force by antithetical state violating the UN charter. Leaders prosecuted. State act.
28
Which actor can start a case before the ICC and under which conditions?
1. Referral by state party
- On its territory or by a national
- one or more of ICC crimes.
- identify situation not individual.
2. UNSC Chapter VII refer situation even if state not party.
- requires no veto by P5
- allows jurisdiction irrespective of territorial or national limits.
Ex: Libya 2011.
3. Initiation by ICC prosecutor.
- receive credible information.
- Crime falls under jurisdiction.
- Meets gravity threshold.
- Admissibility (complementarity)
- pre-trial chamber authorization.
4. Non-Party State can accept jurisdiction for crimes in territory or by national for a specific event, crime or conflict.
Such as Ukraine 2013-2014. Since ratified Rome Statute.
29
Can crimes committed by the US be prosecuted before the ICC? How? Would this be in line with international law?
- US not state party.
- Can if crime committed in territory of state party
- (such as Afghanistan 2020 torture and extrajudicial killings).
ICC authorized probe into potential war crimes committed by individuals, ICC was sanctioned by US, in 2021 focused on taliban and isis crimes.
- or if UNSC.
30
Why does the ICC’s jurisdiction start in 2002? Could another date have been chosen? Is it 2002 for all states?
Only after it entered into force.
No crime without law. Therefore no. States could theoretically have agreed.
Such as Nuremberg, ICTY had retrospective jurisdiction.
For states ratifying later it is the date of ratification except Ukraine I. 2014 which said “from 2013-2014” maidan events.
Principle of legality is not disrespected.
ICC jurisdiction is CIL. Crimes are often considered Jus Cogens norms.
31
What are the principles of complementarity and gravity about?
Gravity: Scale, nature, systematic? Impact.
Gravity threshold assessed by office of the prosecutor in ICCs case.
Critics of gravity can mean selective justice such as more African focus, open to political pressure (such as from the US, victim exclusion from justice if “less grave”
32
What is the relationship between the ICC and the Security Council and why is there one? Does the link weaken or strengthen the ICC?
- Can refer cases even if no jurisdiction
- Can defer cases 12 months basis indefinitely.
More receptacle to politicization where weaker states are not prosecuted such as US Afganistan 2020
Darfur (Sudan) 2005 referred to the ICC by UNSC.
33
How does the composition of the Security Council matter for the ICC?
UNSC can refer or defer a case. Can suspend ICC investigation for 12 months. Never give actually done it.
9 affirmative votes. For UNSC referel or deferel
34
What is the significance of SC resolutions 1593 and 1970? What issues are there with them? Is a SC referral good for the ICC?
1593 UNSC referred Darfur Situatuon 2005 under Chapter VII.
China and US abstained.
1970 was Libya 2011 (unanimously)
35
What is the relation of the US to the ICC?
36
Is the new crime of aggression good or bad for the ICC?
Planning, preparation, initiation, execution of an act of agreaauon by a person in a position of power which is a violation of the UN Charter.
Controversial part of the ICC
- Kampala Amendments in 2010 defined it.
- Not super broad ratification.
- National Security conflict.
UN Charter - CoA strong relation
- Very limited crime in regards to jurisdiction
ICC resources already stretched thin?
37
What problems does the ICC have? How can they/are they being fixed?
- Limited jurisdiction
- State veto
- Political pressure
- Selectivity
- No enforcement. Relies on state to arrest and enforce.
- Slow and costly, limited resources
38
What differences are there between the ICJ and other international courts? What role does the ICJ have vis-a-vis other courts? Does it function as appeals court or give guidance?
State-to-state
Sovereign states
Binding decisions if states have donated.
UNSC for enforcement.
Not appeals but guidance, AU? Decisions and general principles of law
39
40
Who can under which circumstances initiate a case before the ICJ? What is meant by ”jurisdiction”?
Mutual consent (both states submit dispute)
Optional clause (accepting future conflicta)
Treaty-based
UNSC referral (recommendation)
41
What is an ”advisory opinion”? What is the difference between an AO and a contentious case before the ICJ?
Example:
Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory (2004) = its wall was illegal as it violated movement, access to resources etc thereby violating right of self determination. Freedom of movement ICCPR.
Kosovo’s Declaration of Independence in 2008 was it legal? (2010) at Serbia’s request. Ruled it was not illegal but did not declare it a state.
42
Can the judgements of the ICJ be enforced?
Yes, Cameroon V Nigeria (2002) territorial/maritime dispute. Cameroon in favor. Diplomatic pressure from UN, desire to avoid conflict etc. made them incorporate into agreement.
43
Why will states even if they lose more often than not comply with an ICJ judgement?
44
To what extent are ICJ judgements relevant for the development of international law? Do they constitute a source of international law? Why/why not?
45
What is remarkable about the ICJ’s genocide cases? Can a lawsuit before the ICJ be considered ”lawfare”?
46
What differences and similiarities are there between the ICJ and the ICC?
47
What is R2P about and what is new about it? Which “pillars“ exist and what is their content and relationship to each other?
48
Who can invoke R2P? Who can implement it? How? What practice exists since 2005? Which events/developments since 2005 are crucial for R2P?
49
Is R2P a real step forward? Why/why not? What is the legal status of R2P? Does it matter?
50
How does R2P relate to the work of the SC, GA and the HR Council?
51
Does R2P apply to the situation in Denmark or your home country? In Ukraine? In Israel/Gaza? How? Does R2P matter in practice or not? What criticisms exist?
52
What is the role of UN resolutions?
53
What is the role of ICJ judgements?
54
What is the role of governments responding to use of force?
55
What is Article 2(4) UNC about and why is it considered special? What does it mean that 2(4) is considered jus cogens? What is the relationship between 2(4) and other use of force rules in the UN Charter?
56
What are the conditions for using force under Art. 51 UNC? Which conditions can prove controversial and why so? What role is there for the Security Council (SC), if any?
57
What does it take for the SC to adopt a resolution under Chapter VII? What is special about these resolutions? Who is allowed to use force under those resolutions? Is there a limit to what the SC can authorize? Analyse SC res. 1701, 1973 and 2749 – do they seem too strong/enough?
58
What is meant by “humanitarian intervention” (HI)? Is there a right to HI under IL? Why is it so controversial? what are the differences between R2P and HI? Is R2P „better“ than HI? Is there still a need for HI? What is the relationship between R2P and use of force?
- Use of force to prevent of stop mass atrocities.
- No explicit right (threats to peace though)
- Violates sovereignty, lacks legal basis
- R2P provides legitimate legal framework instead of HI which might be taken unilaterally. Not inherently require UNsC but third pillar in practice would rely on UNsC to be considered legitimate and lawful.
59
Apply the use of force rules to the situation in Ukraine – do any questions or problems arise? What does Russia‘s war mean for Article 2(4) UNC and its significance?
60
Under which conditions can a state claim the right to self-defence?
61
What role is there for the SC? Is it important or irrelevant?
62
What does it take for the SC to adopt a resolution under Chapter VII?
Nine votes in UNsC and no veto
63
What is special about these resolutions?
64
Who is allowed to use force under those resolutions?
65
What does it take for the SC to adopt a resolution under Chapter VII?
66
What is special about these resolutions?
67
Who is allowed to use force how under those resolutions?
1990 Gulf War. All necessary means to eject Iraq and restore international peace.
Address threats to peace, breaches of peace or acts of aggression. Proportionality and necessity.
Type of force. Time. Space.
States, coalitions of states or UN led forces
68
Are there any boundaries?
69
Is there a limit to what the SC can authorize?
Limited by the UN charter.
Jus Cogens and proportionality.
70
What is Article 2(4) UNC about and why is it considered special? What does it mean that 2(4) is considered jus cogens? What is the relationship between 2(4) and other use of force rules in the UN Charter?
71
What are the conditions for using force under Art. 51 UNC? Which conditions can prove controversial and why so? What role is there for the Security Council (SC), if any?
Armed attack
Necessity
Proportionality
Immediate reporting to SC
SC monitors self-defense
72
What does it take for the SC to adopt a resolution under Chapter VII? What is special about these resolutions? Who is allowed to use force under those resolutions? Is there a limit to what the SC can authorize? Analyse SC res. 1701, 1973 and 2749 – do they seem too strong/enough?
73
What is meant by “humanitarian intervention” (HI)? Is there a right to HI under IL? Why is it so controversial? what are the differences between R2P and HI? Is R2P „better“ than HI? Is there still a need for HI? What is the relationship between R2P and use of force?
74
Apply the use of force rules to the situation in Ukraine – do any questions or problems arise? What does Russia‘s war mean for Article 2(4) UNC and its significance?
75
What is the Universal Periodic Review? How does the UPR work? To what extent is it an important improvement to the international work on human rights? What are its weaknesses?
1 Preparation and reporting. 20 page state report
UN HR bodies submit summary
Stakeholder report
2 review session (interactive dialogue) Reviewing states makes exommendatuona.
3 outcome and follow up
Adoption. State can accept or reject recommendations.
Next UPR will be followed up.
Example: Saudi lifted ban on driving for women after UPR recommending this.
76
Assessing the practice of the HRC, what has it accomplished + what challenges remain? Is the HRC a useful organ? How/why?
77
Which topics are on the standing agenda and on the current programme of work of the HRC and what does this say about the role, challenges and significance of the HRC for international security and law?
78
How is and could the HR Council exercise its prevention mandate?
UPR, Special Sessions, Soecial Rapporteurs etc.
early warning, monitoring, global engagement.
Non-binding, politicization, limited enforcement.
79
Which key human rights instruments exist? What are their strengths and weaknesses?
80
What procedures, options and institutions/bodies exist regarding compliance with and the enforcement of these human rights instruments? Which legal problems arise in this context?
81
What are reservations to human rights treaties and what is their impact?
Modify or exclude.
Such as CEDAW for equal rights regarding.
This undermines universality but makes it broader applicable and inclusive. Relativism vs universality.
Such as Saudi Arabia and CEDAW regarding general reservation regarding Islamic law. Such as nationality of children where women does not pass down nationality but men do.
CAT prohibits all reservations. Others prohibits reservations that are against the ovject and purpose of the treaty.
82
What is China’s role in the human rights system? How can/should the West respond? What lessons can be learnt from the response to the situation in Xinjiang? What options exist under the UN human rights system to respond to the alleged cultural genocide against the Uyghurs?
83
CAH/genocide against the uyghurs – use which HRC measure/s and why/not?
UPR
- Fact-Finding Mission, Special Rapporteur, Commission of Inquiry (requires simple majority)
- Difficult due to alliances and blocs under Chinese influence
84
what makes human rights different and more challenging compared to other norms in the field of international law? (e.g. law of the sea)
85
which key human rights instruments exist? What are their strengths and weaknesses?
86
what procedures, options and institutions/bodies exist regarding compliance with and the enforcement of these human rights instruments? Which legal problems arise in this context?
87
what are reservations to human rights treaties and what is their impact?
88
what is China’s role in the human rights system? How can/should the West respond? What lessons can be learnt from the response to the situation in Xinjiang?
89
Does the Human Rights Council (HRC) mean progress over earlier UN efforts to promote human rights?
Better due to UPR
Still:
- politicized
- selective focus
- Limited enforcement
- Membership issues (UNGA absolute majority)
90
Explain the composition, mandate and tools of the HRC
91
What are differences, similiarities and the relations between the HRC, the General Assembly and the Security Council?
92
Which elements is customary law composed of?
93
How can we document the existence of a norm under customary law? When do we know it exists?
94
Which particular problems and challenges are there with customary law?
Lack of codification.
Requires time and resources to discuss / settle.
Persistent objector rule (opting out of CIL)
95
Is a custom better or weaker than a treaty on the same issue? Why do states sometimes choose one over the other?
96
Why is it so important for places such as Catalonia, Kosovo or Palestine to be recognized as a state?
97
What constitutes a state under international law? Which rights come with statehood?
98
How do you become a state under international law and who decides this? (the UN and/or the ICC?)
99
Is Palestine a state or not? Why/why not? (find arguments on both sides)
100
What is meant by jurisdiction under international law? Which types exist and what is their legal basis? Why is jurisdiction important/controversial? Find an example.
Territorial: Crime committed in territory.
Nationality (active personality): Citizen of country
Passive personality: Crime committed against national abroad
Protective: Acts that threaten its security (such as cyber espionage from abroad), terrorism
Universal: Grave crimes. Such as Pinochet in Spain for crimes in Chile.
101
What if part of an existing state wants to secede?
102
Are all criteria for statehood met with Kosovo?
103
Does customary law allow for recognition of a Serb province declaring independence?
Not in general. But in exceptional cases when group has a right to self determination (due to severe oppression or denial of political rights)
Territorial integrity and self determination makes it highly controversial.
104
What are the potential repercussions for international law with Kosovo independence
105
Kosovos independence è in response to massive human rights violations = compensatory independence? As new evolving norm under customary law? As ”unique exception” from existing law because of ”specific circumstances”?
- Could be interpreted as compensatory.
- Not established norm due to selective recognition and opposition from key states. (104/193)
106
What are the responsibilities of the various principal UN organs? Which is the most important organ and why?
UNGA (budget, non-binding resolutions/declaration on int issues, elects members to other bodies, monitors specialized agencies)
UNSC: authorize use of force, refer cases to ICC, new UN members, oversees ceasefires and peace agreements
ECOSOC
ICJ
SECRETARIAT
Trusteeship council (formally exists but is inactive)
107
Why focus on the UN in this course or in MOISL?
108
What problems and what achievements exist at the United Nations?
109
How important is the UN General Assembly (GA)? What limits are there for the GA? What are the roles and significance of the UN Secretary General (SG) and the International Law Commission?
110
Consider the UN SC + GA resolutions you read for today: what legal effect do resolutions from respectively the Security Council (SC) and the GA have? Under which circumstances can GA resolutions obtain a special legal meaning?
111
Does it make sense to call the UN Charter a constitution? Why so or not?
112
What are the competences of the SC under the UN Charter? What makes the SC special?
113
Are the powers of the SC unlimited? Can anybody control the SC? How so?
114
Are there no limits to the veto power of the permanent members? Should the veto be abolished or amended? Is this possible? How would that work?
Scope: Only applies to substantial matters such as use of force, sanctions or peacekeeping etc.
proposals: Restricting veto regarding genocide, war crimes, CAH. But reform requires agreement of P5.
Abolishment: Undemorayic, paralysis in crises
Keep: balance of power.
Amendment: Two thirds veto required. Add more permanent members. New system where UNGA can overrule veto completely.
115
What is the problem with the current SC membership? How could it change? Should it be changed? How would a a new SC look if you could design it?
116
(do identify and read the relevant provisions of the UN Charter…)
117
What role does the UN play for international law?
118
Why does the UN not stop the violence in Sudan, Ethiopia, Myanmar? political aspects: who is favouring an intervention, who is blocking it? Why? Would it help the situation to intervene militarily?
119
UN Security Council: more problems?
120
What role for the veto power? New GA methods?)
Uniting for Peace Reaolution (if UNSC is deadlocked to make recommendations on collective action (such as sanctions, peacekeeping and military measures)
- non-binding and doesn’t authorize force legally.
- UNGA adopted resolution “veto initiative” for requiring P5 to explain their vetoes.
Examples: UNGA non member observer state.
Initiatives outside of UNSC: Ukraine defense contact group
121
Can the SC act as legislator?
122
Who controls the Security Council?
123
Who is on the Security Council?
P5: China, France, Russia, US and UK
Non-permanent: Algeria, Denmakr, Greece, Guyana, Pakistan, Panama, Korea, Sierra Leone, Slovenia and Somalia
124
UN Security Council – solutions? Reform? Abolish veto? Obligation to explain veto? Code of Conduct/R2P? Expand membership?
- French-Mexican initative (voluntary restraint) cases involving mass atrocity crimes.
- Non binding commitment (therefore doesn’t need charter amendment)
- Expanding seats but without veto powers (won’t solve the veto issue)
125
Judicial control of the SC through ICJ or ICC?
126
What does ”interpretation” refer to in terms of treaties and international law?
How you understand treaties.
VCLT Article 31:
Good faith, Ordinary meaning, Context, object and purpose, supplementary means
127
Where is this interpretation regulated?
VCLT Article 31, Good faith, context, ordinary meaning, object and pursuse, supplementary means,
128
Who does interpretation? How do you do it?
Everyone reading a treaty can do it.
Practiced by lawyewrs, officials in states, judges etc.
129
What are the difficulties? Does it lead to a/one result?
Rarely single result.
- Different situations:
- Ambiguity of language.
- Conflicting state practices
- Evolving circumstances.
- Language differenfces.
- Political interests.
For example wording of "intent" can be narrow or wide. Intent could be interpreted wide as the behavior shown but not the claimed purpose by actors.
130
Case: many have described the current situation in Gaza as genocide – considering the UN Genocide Convention, do you agree?
If there is proven intent to destroy Palestinians in Gaza by powerful decisionmakers or other then yes. If not, then it will likely constitute warcrimes.
131
Which elements is customary law composed of?
Consistent State Practice
Jus Cogens (belief that practice is law)
132
How can we document the existence of a norm under customary law? When do we know it exists?
133
Which particular problems and challenges are there with customary law?
134
Is a custom better or weaker than a treaty on the same issue? Why do states sometimes choose one over the other?
135
Constitutes a state under international law? Which rights come with statehood?
Rights: Full control over domestic affairs
Territorial integrity
Control over natural resources.
Right to enter international agreements.
Right to join the UN, self defense, non interference. Article 24
136
How do you become a state under international law and who decides this? (UN/ICC?)
137
Is Palestine a state or not? Why/why not? (find arguments on both sides)
138
What is meant by jurisdiction under international law? Which types exist and what is their legal basis? Why is jurisdiction important/controversial? Find an example.
139
How would you define ’sovereignty’?
Legal sovereignty: State's indepdence without interference including power to make and enforce laws within its own territory. Control diplomatic relations and all state affairs.
140
Who or what is protected by sovereignty?
The state / system. The people can also be considered protected. Can be Controversial. Some people would probably prefer that a authoritarian country has less sovereignty. Also, status quo essentially.
141
What problems, if any, are there with sovereignty?
142
Which country is the strongest supporter of sovereignty?
Cant answer but countries such as China are in favor of non-intereference in general as it is in their favor. the US are also very strong on their own sovereignty. Such as its actions of pulling out of the optional clause of the ICJ which grants pre-consent.
143
Could the United Nations, considering Art. 2(1) + 2(7) UNC…
144
Intervene in Venezuela regarding the recent ”stolen” election?
If UNSC determines that it’s a threat to international peace and security, humanitarian grounds,
145
Ask Mexico to amends its plans for a judicial reform?
146
Ask the United States to abolish the death penalty or address systematic racism?
- Member states can recommend through UPR. (Has been earlier)
- CAT monitors (US is member) and executions can be overly painful
147
Ask Brazil to better protect the rainforest in the Amazon?
148
What does ratifying a treaty mean for a country’s sovereignty?
Means the process of acceptance and streamlining of the compliance of a treaty in relation to its judicial, poltiical and constitutional system.
149
Can you give an example for the contemporary significance of sovereignty? Perhaps one involving your own country?
150
Is sovereignty absolute? Is it gaining strength? Everywhere?
151
What is Article 38 (1) ICJ Statute about?
152
Why is Article 38 (1) ICJ Statute so important?
153
Is its list of sources exhaustive? (Where is/belongs jus cogens?)
Jus Cogens overrides everything. It’s a type of highest form of CIL.
- Soft law (declarations, guidelines and resolutions) such as UDHR.
- binding decisions and resolution by IO
- Regional customary law
- State-centric, missing NGOs, multinational cooperations etc
Dynamic and cocking law such as cyber law, space law, climate change
154
Is there a hierarchy among the sources? (Are some ”better” than others? Do only those norms matter that fit into Article 38?)
155
What does Article 38 tell us about the basics of international law?
156
”There is law and there is non-law” – agree?
157
Is soft law a source of law?
158
What is soft law? (Can you give examples?)
159
Why do states use soft law?
160
Is soft law good or bad?
161
How would you define ’sovereignty’?
162
Who or what is protected by sovereignty?
163
What problems, if any, are there with sovereignty?
164
Which country is the strongest supporter of sovereignty?
165
What are ICJ provisional measures? What can they be used for?
- Provisional Measures (Emergency Orders): Issued by the ICJ to prevent irreparable harm while car is pending. Protect rights if parties, prevent irreparable harm, maintain status quo
Criteria:
- Urgency
- Irreparavle Harm
- Prima Facie Jurisdiction (preliminary indications that it has jurisdiction)
Example: Gambia V Myanmar (2019) : Filed a case against Myanmar for genocide against Rohingya. ICJ issued provensial measures to prevent Myanmar for further harm.
