PHAP - ILFHA 1 Flashcards by Jon Davis

In what statute are the key sources of international law listed?

[1.1]

Statute of the International Court of Justice (“ICJ Statute”)

Article 38

list is not exchaustive

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What are the 3 key sources of international law?

[1.1]

Treaties
Customary international law
General principles of law

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What are the 3 sources of international law supplemented by?

[1.1]

“Subsidiary means for the determination of rules of law”

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What are the 2 “subsidiary means for the determination of rules of law”?

[1.1]

Judicial decisions
Writings of international lawyers

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What are 2 characteristics of treaties?

[1.1]

Must be in writing (see: Vienna Convention on the Law of Treaties)
Binding only on States/orgs that signed/ratified, or by accession

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What are 2 characteristics of customary law?

[1.1]

Unwritten rules
Binding on all States

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In what 2 ways is customary law formed?

[1.1]

General practice
Belief that the practice is legally binding

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What is opinio juris?

[1.1]

The belief that a general practice is legally binding

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What are examples of 2 other names for treaties?

[1.1]

conventions

protocols

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What is jus cogens? [ˌjəs ˈkōjənz]

[1.1]

Preemptory norms from which no derogation is ever permitted

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What is common about all general principles of law?

[1.1]

They are common to all legal systems.

(e.g., good faith, “agreements must be respected,” res judicata)

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What does “judicial decisions” refer to?

[1.1]

International (and to some extent, national) court decisions

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What are the 4 main bodies of public international law?

[1.2]

international human rights law (IHRL)
international humanitarian law (IHL)
international refugee law (IRL)
international criminal law (ICL)

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What are the main sources of IHRL, IHL, IRL, and ICL?

[1.2]

Treaty law
Customary international law

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What categories of public international law are applicable in times of peace + armed conflict?

[1.2]

IHRL
ICL
IRL

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What category of public international law is applicable only in armed conflicts?

[1.2]

IHL

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When are derogations allowed under IHRL?

[1.2]

In strict conditions in case of war and emergency

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What are the 2 types of armed conflict?

[1.2]

international
non-international

What does IHL aim to accomplish during armed conflicts?

[1.2]

regulate behaviour of belligerents
minimise harmful effects on civilians & combatants

Where does IRL apply?

[1.2]

In refugees’ host countries

What are the main categories of ICL?

[1.2]

genocide
crimes against humanity
war crimes
aggression

What emerging area of public international law regulates humanitarian assistance in case of disasters?

[1.2]

International disaster response law (IDRL)

What is the traditional distinction between “hard” and “soft” law?

[1.3]

hard law = binding

soft law = non-binding

What are examples of “soft” law?

[1.3]

“Aspirational” normative standards
Declarations
Decisions
Guiding principles
Political commitments enshrined in other documents
Plans of action
Resolutions

How can soft law be a “driver”? [1.3]

Soft law standards can: - be codified in international _treaties_ - reflect new rules of _customary international law_ or _general principles of law_

What are 4 other positive characteristic of soft law? [1.3]

1. High **_authoritative_** value 2. Increasingly **_valued_** by certain actors 3. Can be **_quick**_ & more _**participatory_** means of norm formation 4. Can involve broader range of **_stakeholders_**

What are the traditional subjects of international law, and how are they bound? [1.4]

**States** **-** bound by _treaties_ they've ratified and by _customary international law_

What are examples of “partial subjects,” who are progressively recognised as subjects of international law? [1.4]

intergovernmental organizations non-State actors individuals

What are intergovernmental organizations (IGOs) bound by? [1.4]

1. Their constituent treaty (e.g., *UN Charter for the United Nations*) 2. Any international treaties they've ratified with States or other IGOs 3. Customary international law

What type of law are non-State armed groups (NSAGs) bound by? [1.4]

IHL = commonly recognised IHRL = controversial, but increasingly recognised

What area of IHRL are non-State armed groups (NSAGs) widely considered bound by? [1.4]

* jus cogens* norms (e. g., prohibition of slavery, extrajudicial executions, torture)

How are individuals considered subjects of international law? [1.4]

1. May **_submit complaints_** when rights are violated at the international level 2. **_Responsible**_ under international _**criminal_** law

What concept of international law is traditionally used to determine which entities are bound by international law and to what extent? [1.4]

The concept of “_subjects of international law_” possessing “_international legal personality_”

Under what basis are UN agencies bound by international law? [1.5]

As “partial subjects," as an intergovernmental organization (IGO).

Are NGOs bound by international law? What is controversial and what is clear? [1.5]

**controversial** → NGOs are _progressively_ being recognized as “partial subjects” of international law. The extent/manner to which they are bound is controversial. **clear** → NGOs + staff possess rights under international law.

How is domestic law relevant to humanitarian action? [1.6]

1. Humanitarian actors are subject to / protected by the law of the State where they are based. 2. That State regulates areas of humanitarian law not covered by IHL.

What are the legal consequences of an organization's international (IGO) vs national (NGO) personality? [1.6]

IGOs = benefit from some privileges and immunities NGOs = can register locally (e.g., can enter contracts, become tax-exempt)

What areas of domestic law are seen as important for humanitarian action? [1.6]

- immigration law - customs & tax law - labour law - criminal & counter-terrorism law (re: financial / material support to certain groups)

What areas can self-regulate humanitarian actors (apart from international & domestic law)? [1.7]

- Humanitarian principles - Organization's mandate / policies

What are the 4 humanitarian principles? [1.7]

1. Humanity 2. Impartiality 3. Neutrality 4. Independence

What is the essence of the principle of “Humanity”? *H - L - R* [1.7]

1. Address **_human suffering_** wherever it is found 2. Protect **_life & health_** 3. Ensure **_respect_** for the human being

What is the essence of the principle of “Impartiality”? *N - P - D (nrgrcp)* [1.7]

1. Action carried out on the basis of **_need_** alone. 2. Give **_priority_** to most urgent cases of distress. 3. Make **_no distinctions_** on basis of nationality, race, gender, religious belief, class, or political opinions.

What is the essence of the principle of “Neutrality”? *T - (prri) C* [1.7]

1. Must **_not take sides_** in hostilities. 2. Must not engage in political, racial, religious, or ideological **_controversies_**.

What is the essence of the principle of “Independence”? *P - E - M - O* [1.7]

Humanitarian action must be autonomous from the … - **_P_**olitical - **_E_**conomic - **_M_**ilitary - or **_O_**ther objectives … that the actor may hold with regard to areas where humanitarian action is being implemented.