Week 3 - Lecture 5 - International law

Question 1

Legislature

Answer 1

Recognised body to create law

Question 2

Judiciary

Answer 2

Recognised body to pronounce judgement (courts)

Question 2

Executive

Answer 2

Recognised body to enforce law

Question 3

Vertical

Domestic law

Answer 3

Between citizens and institutions of state

Question 4

Horizontal

International law

Answer 4

Between states

Question 5

Natural law

John Locke

Answer 5

Principles, human nature, ethics

Question 6

Positive law

John Austin

Answer 6

Law does not exist outside of human government

Question 7

The Anarchical Society

Answer 7

A level of “order among states is maintained by the existence of an international society that operates on the basis of a sense of common or shared interests/values, and a sense of being bound by common rules and institutions”.

Question 8

Ius Ad Bellum

Answer 8

• Right to resort to war
• Just cause of war (peace)
• Legitimate authority (to distinguish war from murder)
• Aims of war are achievable by war
• Last resort (no other means available)
• Proportionality

Question 9

Ius In Bello

Answer 9

• Laws of war, now called international humanitarian law
• The international law regulating behaviour in war
• Protection of non-combatants
• Prohibition to kill a person hors de combat (persons who are incapable of performing their combat duties during war)
• Protection of wounded and medical personnel
• Protection of captured civilians and prisoners of war (POW)
• Prohibition of torture and cruel or degrading treatment
• Prohibition of weapons that cause unnecessary or inhumane suffering
• Attacks can only be targeted at military objectives

Question 10

The Caroline test

(Pre-emptive) self-defence

Answer 10

Necessity for exercising self-defence must be “instant, overwhelming, leaving no choice of means or moment for deliberation”
The response must involve “nothing unreasonable or excessive since the act justified by the necessity of self-defence must be limited by that necessity and kept clearly within it”

Question 11

Jus cogens

Answer 11

Fundamental right recognised by everyone, customary law, signed or not