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PHAP - ILFHA 1 Flashcards

1
Q

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

[1.1]

A

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

Article 38

list is not exchaustive

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2
Q

What are the 3 key sources of international law?

[1.1]

A
  1. Treaties
  2. Customary international law
  3. General principles of law
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3
Q

What are the 3 sources of international law supplemented by?

[1.1]

A

“Subsidiary means for the determination of rules of law”

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4
Q

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

[1.1]

A
  1. Judicial decisions
  2. Writings of international lawyers
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5
Q

What are 2 characteristics of treaties?

[1.1]

A
  1. Must be in writing (see: Vienna Convention on the Law of Treaties)
  2. Binding only on States/orgs that signed/ratified, or by accession
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6
Q

What are 2 characteristics of customary law?

[1.1]

A
  1. Unwritten rules
  2. Binding on all States
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7
Q

In what 2 ways is customary law formed?

[1.1]

A
  1. General practice
  2. Belief that the practice is legally binding
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8
Q

What is opinio juris?

[1.1]

A

The belief that a general practice is legally binding

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9
Q

What are examples of 2 other names for treaties?

[1.1]

A

conventions

protocols

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10
Q

What is jus cogens? [ˌjəs ˈkōjənz]

[1.1]

A

Preemptory norms from which no derogation is ever permitted

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11
Q

What is common about all general principles of law?

[1.1]

A

They are common to all legal systems.

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

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12
Q

What does “judicial decisions” refer to?

[1.1]

A

International (and to some extent, national) court decisions

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13
Q

What are the 4 main bodies of public international law?

[1.2]

A
  1. international human rights law (IHRL)
  2. international humanitarian law (IHL)
  3. international refugee law (IRL)
  4. international criminal law (ICL)
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14
Q

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

[1.2]

A
  1. Treaty law
  2. Customary international law
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15
Q

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

[1.2]

A
  1. IHRL
  2. ICL
  3. IRL
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16
Q

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

[1.2]

A

IHL

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17
Q

When are derogations allowed under IHRL?

[1.2]

A

In strict conditions in case of war and emergency

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18
Q

What are the 2 types of armed conflict?

[1.2]

A
  1. international
  2. non-international
19
Q

What does IHL aim to accomplish during armed conflicts?

[1.2]

A
  1. regulate behaviour of belligerents
  2. minimise harmful effects on civilians & combatants
20
Q

Where does IRL apply?

[1.2]

A

In refugees’ host countries

21
Q

What are the main categories of ICL?

[1.2]

A
  1. genocide
  2. crimes against humanity
  3. war crimes
  4. aggression
22
Q

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

[1.2]

A

International disaster response law (IDRL)

23
Q

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

[1.3]

A

hard law = binding

soft law = non-binding

24
Q

What are examples of “soft” law?

[1.3]

A
  • “Aspirational” normative standards
  • Declarations
  • Decisions
  • Guiding principles
  • Political commitments enshrined in other documents
  • Plans of action
  • Resolutions
25
Q

How can soft law be a “driver”?

[1.3]

A

Soft law standards can:

  • be codified in international treaties
  • reflect new rules of customary international law or general principles of law
26
Q

What are 4 other positive characteristic of soft law?

[1.3]

A
  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
27
Q

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

[1.4]

A

States

- bound by treaties they’ve ratified and by customary international law

28
Q

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

[1.4]

A

intergovernmental organizations

non-State actors

individuals

29
Q

What are intergovernmental organizations (IGOs) bound by?

[1.4]

A
  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
30
Q

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

[1.4]

A

IHL = commonly recognised

IHRL = controversial, but increasingly recognised

31
Q

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

[1.4]

A
  • jus cogens* norms
    (e. g., prohibition of slavery, extrajudicial executions, torture)
32
Q

How are individuals considered subjects of international law?

[1.4]

A
  1. May submit complaints when rights are violated at the international level
  2. Responsible** under international **criminal law
33
Q

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

[1.4]

A

The concept of “subjects of international law” possessing “international legal personality”

34
Q

Under what basis are UN agencies bound by international law?

[1.5]

A

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

35
Q

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

[1.5]

A

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.

36
Q

How is domestic law relevant to humanitarian action?

[1.6]

A
  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.
37
Q

What are the legal consequences of an organization’s international (IGO) vs national (NGO) personality?

[1.6]

A

IGOs = benefit from some privileges and immunities

NGOs = can register locally (e.g., can enter contracts, become tax-exempt)

38
Q

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

[1.6]

A
  • immigration law
  • customs & tax law
  • labour law
  • criminal & counter-terrorism law (re: financial / material support to certain groups)
39
Q

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

[1.7]

A
  • Humanitarian principles
  • Organization’s mandate / policies
40
Q

What are the 4 humanitarian principles?

[1.7]

A
  1. Humanity
  2. Impartiality
  3. Neutrality
  4. Independence
41
Q

What is the essence of the principle of “Humanity”?

H - L - R

[1.7]

A
  1. Address human suffering wherever it is found
  2. Protect life & health
  3. Ensure respect for the human being
42
Q

What is the essence of the principle of “Impartiality”?

N - P - D (nrgrcp)

[1.7]

A
  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.
43
Q

What is the essence of the principle of “Neutrality”?

T - (prri) C

[1.7]

A
  1. Must not take sides in hostilities.
  2. Must not engage in political, racial, religious, or ideological controversies.
44
Q

What is the essence of the principle of “Independence”?

P - E - M - O

[1.7]

A

Humanitarian action must be autonomous from the …

  • Political
  • Economic
  • Military
  • or Other objectives

… that the actor may hold with regard to areas where humanitarian action is being implemented.

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