Lukas ordlista:

Sources of international law

Primary sources: Creates new legal rights and obligations (like treaties, customary law and
general principles)
Secondary sources: Things like court decisions or academic writings, giving guidance on how
to interpret and apply the existing law.

Primary sources:
Treaties/Convention: Agreements between states that create legal rights and obligations under
international law. The only way for two or more states to enter a formal legal relationship.
Bilateral treaty: Treaties between two states
Multilateral treaties: Treaties between two or more states.
Constituent treaties: When establishing an international organization, joining the organization
means accepting that for example, the UN Security Council can create resolutions that are
binding for all members without everyone consenting. A condition of being in the organization is
accepting this constituent treaty.

Customary rule/law: A key source of international law that is created when practices and
norms, over time, gain the status of legal obligations, however it is difficult to say when a custom
ceases to be optional and becomes legally binding. Generally, two requirements need to be met:
- The objective element - A consistent practice/behavior among states over a long time. For
example: Not charging foreign diplomats with crimes.
- The subjective element - The states practicing the behavior believe it is legally
binding/obligated. For example: Believing that the law says you are not allowed to charge
foreign diplomats with crime.

General principles: General principles act as a sort of gap filler that the ICJ, for example, can
use when customary/treaty law does not cover a specific case, they can then refer to “general
principles of law recognized by civilized nations”. Usually referring to that the law should be “fair”
and “just”. (tbh it’s just up to the ICJ).

Unilateral statements: If a state publicly announces they will for example not make a claim on
a specific territory, then tries to argue in court that they in fact own that territory, their original
public statement can be used in the same way as if the states had entered a treaty about the
issue in question.
Distinction between Subjects and Actors in International Law

Subjects:
States and international organizations established with state consent - The only ones who can
create new international law. Amicus Curiae: Latin for “friend of the court,” an individual or
organization that is not a party to a case but offers information, expertise, or legal arguments to
assist the court in reaching a decision. Amicus curiae submissions are commonly accepted in
international courts and tribunals.

The Montevideo Criteria of Statehood: The Montevideo Criteria argues that a state must
have: A permanent population, a defined territory, a government, and a capacity to enter into
relations with other states.

Actors:
Things like individuals, groups of individuals, territorial entities that are not states but treated as
such (Taiwan, Kosovo etc.), organized armed groups, NGOs, corporations etc. These actors are
not a part of creating international law but they may have legal obligations and or rights
stemming from international law, or they might be in a position to monitor the compliance of
international law or influence the interpretation or creation of international law.

Chapter 13 - The International Regulation of the Use of Force

(Jus ad bellum)

Jus ad bellum: When and for what purpose a state may use force against another state //
When a state is entitled/allowed to resort to the use of force.

Unilateral force = One specific state using force against one or more states.
Unilateral force is only permitted (according to international law) if either:
- The UN Security Council authorizes the use of force
- The state is defending themselves against an armed attack

The right to self-defense - One of the most contested areas of international

law

An armed attack must occur for the right to self-defense to trigger.

Armed attack: The attack must be of a certain intensity. Acts producing or are likely to produce
very serious consequences, such as territorial invasion, human fatalities or destruction of
property. The nature of the attack is not specified in law, therefore cyber attacks for example
may be considered an armed attack if the required intensity and consequences is sufficient to
reach regular standards of an armed attack.
Arguments/contested areas about the requirements for self-defense:

The accumulation of events doctrine: Incidents that alone are not of enough intensity to
constitute an armed attack may be weighed together and in total constitute an armed attack,
allowing the use of self-defense rules. (Israel has been a strong advocate of this doctrine).

Attacks on civilians abroad: If an attack on civilians abroad is committed because of their

nationality it can constitute an armed attack on their home state and therefore allow for the use
of self-defense. (Israel and the United States has been strong advocates of this being classified
as an armed attack on the state the civilians are originally from).

Private actor (terror groups etc.): Post 9/11 most states agree that self-defense can be
triggered by attacks from private actors, such as a terrorist- or non-state military organization, if
the state the private actor is located in is not willing and or able to stop the activities by the
private actor.

When can you use the right of self-defense to exercise force upon another
state?

Anticipatory self-defense: There is an overall agreement that anticipatory self-defense is

permissible when an attack is imminent. For example: a state bombing a column of tanks that
are about to enter the states own territory would be permissible since an attack is obviously
imminent.

Preemptive or preventive self-defense: An attack to remove a possibility of a future attack is

generally not considered lawful in the international community. For example: When Israel
attacked an Iraqi nuclear reactor that they feared might be used to develop nuclear weapons in
the future. Outside of Israel and The United States this type of self-defense has little
international support.

Collective self-defense: A state militarily aiding another state that has been the victim of an
armed attack to repel the attack in question is generally seen as permissible.

When self-defense is triggered, what can you do and for how long?

The self-defense must be proportional. The attacked state can not do unreasonable or
excessive things that are not necessary to achieve the aim of stopping the immediate attack
and threat.

The right to self-defense continues until the UN Security Council can take control and authorize
the use of additional force that goes beyond stopping the initial and immediate threat, if deemed
necessary.
If the Council is unable to agree, or does not adopt a binding decision, the self-defense is
entitled to continue until that occurs.

Chapter 14 - The Law of Armed Conflict (Jus in bello)

This chapter is about Jus in bello, which is: How military operations must be conducted to be
lawful, no matter why the conflict started or which one of the parties were the victim of
aggression.

Ps. fortsätter nån gång i framtiden, kanske

Ordlista:

International law - Treaties

Primary sources in international law = Creates new legal rights and obligations (like treaties,
customary law and general principles)

Secondary sources in international law = Things like court decisions or academic writings,
giving guidance on how to interpret and apply the existing law.

Treaties/Convention: Agreements between states that create legal rights and obligations under
international law. The only way for two or more states to enter a formal legal relationship is with
a treaty.

Bilateral treaty: Treaties between two states

Multilateral treaties: Treaties between two or more states.

Constituent treaties: When establishing an international organization, a constituent treaty is

generally created, laying out the basics of the organization's structure and rules. To join the
organization this treaty must be accepted by the state that wants to join.Usually they contain an
article that says that the organization can make treaties in the future that will be binding to
every member state, regardless of their consent of the new treaty, unless they would prefer to
leave the organization and therefore not be under legal obligation of the constituent treaty.

International law - Customary law

Customary international law is created when practices and norms, over time, gain the status of
legal obligations, however it is difficult to say when a custom ceases to be optional and
becomes legally binding. There are two requirements that need to be proven with sufficient
evidence, the objective and the subjective element.

Usus = the objective element - A consistent practice/behavior should exist among states over
a long time. Sporadic breaking of the rule/norm by individuals is accepted, as all laws and rules
are broken by people at some point.
For example: States not charging foreign diplomats with crimes, even if some rogue police
officer might have thrown a diplomat in a cell in an isolated incident.

opinio juris = the subjective element - States must hold the belief that they are legally
obligated to follow a rule. This can be proven by consistent beliefs among different states, public
declarations about the rule, adoption of the rule in national legislation and reactions and actions
taken by the state when individuals break the rule. The reason opinio juris is a requirement is
that it creates a distinction so that actions taken because of tradition or convenience are not
transformed into international law.
For example: The state holding the belief that it is unlawful to charge foreign diplomats with a
crime fulfills the requirement. An example of the requirement not being fulfilled would be not
charging foreign diplomats with crimes because of fear of an attack from a neighboring state.

General principles: Fundamental rules used by international courts, like the International Court
of Justice (ICJ), to fill gaps when specific issues are not covered by existing treaty or customary
law. These principles are based on concepts of “fairness” and “justice” and on the “general
principles of law recognized by civilized nations” (det där citatet har ganska mycket colonialism
vibes hahahahaha)

Unilateral statements: If there is a public declaration made by a state about specific actions
they will take or not take, such as not claiming a territory, they have made a unilateral statement.
If they are in a future legal dispute about the, for example, ownership of the territory mentioned
in their public declaration, their previous statement can be held against them just as if they had
agreed to the same things in a formal treaty.
Hierarchy of sources

The international judicial system values all sources of law equally in theory, customary law and
treaty law therefore hold the same weight in a court of law. However, there are three explicit
exceptions as well as other situations where generally one source of law will override another.

Official exceptions:

Jus Cogens Norms:

Fundamental rules that no country can ignore or change, such as bans on torture and genocide.
They override all other laws in international law.
Example: If a country enters a bilateral treaty that allows for the use of torture under specific
circumstances, this would become legally binding according to treaty law. However, despite the
treaty, this law would not be enforced, because it contradicts the jus cogens norm that prohibits
torture.

Erga Omnes Obligations:

Duties every country has towards the global community, like preventing crimes against
humanity. These obligations are universal.
Example: If a state observes another state committing or about to commit genocide, it has an
erga omnes duty to intervene or cooperate in stopping such actions, even if they have another
legally binding treaty to support and help them.

(denna är inte helt klar, om du vet nåt i huvudet please add, annars så checkar jag boken)
Obligations under the UN Charter:
Specific commitments countries agree to, which can become very important, especially when
they reflect universal values or essential human rights.
Example: A country might have bilateral treaties with another nation that seem to allow for
aggression or support in a conflict. However, under the UN Charter, all member states are
obligated to refrain from threats or use of force against any state's territorial integrity or political
independence, which would supersede any such bilateral agreements.
Non-Refoulement = A refugee is not allowed to be returned to a country or place where they
face serious, credible threats to their life or freedom (my assumption is that is arbitrary detention
is the intended meaning, not lawful imprisonment through a judicial system)

Domstolar och regler:

Important articles, legal sources and courts:

Courts:

ICJ - UN member states

The ICJ stands for the International Court of Justice. It is the principal judicial organ of the United
Nations (UN) and is often referred to as the World Court. The primary function of the ICJ is to settle legal
disputes between states and to provide advisory opinions on legal questions referred to it by UN organs
and specialized agencies. The ICJ's jurisdiction is twofold: Contentious Cases: These are disputes
between states concerning matters of international law. States voluntarily submit their disputes to the ICJ
for resolution. The Court's judgments are binding and final, and it has the authority to prescribe
appropriate remedies to settle disputes between states. Advisory Opinions: The ICJ can provide advisory
opinions on legal questions referred to it by UN organs and specialized agencies. While advisory opinions
are not binding, they carry significant weight and can provide authoritative interpretations of international
law.

Relevant articles:
Article 94: Article 94 deals with the execution of judgments of the ICJ. It states that each member of the
United Nations undertakes to comply with the decision of the Court in any case to which it is a party.

Article 36: This article delineates the jurisdiction of the ICJ. It lists several types of cases over which the
Court has jurisdiction, including contentious cases between states, requests for advisory opinions, and
disputes authorized by treaties or conventions in force

Article 38: Article 38 outlines the sources of law to be applied by the ICJ in reaching its decisions. These
sources include International conventions, whether general or particular, establishing rules expressly
recognized by the contesting states. International custom, as evidence of a general practice accepted as
law. The general principles of law recognized by civilized nations. Judicial decisions and the teachings of
the most highly qualified publicists of the various nations, as subsidiary means for the determination of
rules of law.

ICC (Based on the Rome Statute; See legal sources):

The ICC is designed to complement national judicial systems and only intervenes when national
authorities are unable or unwilling to prosecute these crimes. It has jurisdiction over individuals, not
states, and can only investigate and prosecute crimes committed after the Rome Statute entered into force
on July 1, 2002. The ICC operates on the principle of complementarity, meaning it gives priority to
national courts to investigate and prosecute crimes within their jurisdiction. However, if national courts
are unable or unwilling to genuinely prosecute such crimes, the ICC may step in.

Relevant articles:
Article 5: Crimes within the jurisdiction of the Court. This article defines the crimes falling under the
jurisdiction of the International Criminal Court (ICC). It specifies that the Court has jurisdiction over the
following crimes: genocide, crimes against humanity, war crimes, and the crime of aggression.

Article 11: Jurisdiction ratione temporis. Article 11 addresses the temporal jurisdiction of the ICC. It
specifies that the Court has jurisdiction over crimes committed after the entry into force of the Rome
Statute, which occurred on July 1, 2002. However, the Court can exercise jurisdiction over crimes
committed earlier if they continue or were ongoing after the entry into force of the Statute.

Article 12: Preconditions to the exercise of jurisdiction. Article 12 outlines the preconditions that must be
met for the ICC to exercise jurisdiction over a particular situation. These preconditions include the
territory where the crime was committed, the nationality of the accused, or a referral of the situation by a
state party or the United Nations Security Council.

Article 13: Exercise of jurisdiction. Article 13 elaborates on how the ICC exercises its jurisdiction. It
specifies that the Court may exercise jurisdiction only with respect to crimes committed on the territory of
a state party or by a national of a state party, or when the situation is referred to the Prosecutor by the
Security Council acting under Chapter VII of the United Nations Charter.

Special Tribunals and Ad Hoc Tribunals: Various ad hoc and special tribunals have been established by
the United Nations to address specific conflicts or atrocities. Examples include the Special Tribunal for
Lebanon (STL), the International Criminal Tribunal for Rwanda (ICTR), and the Special Court for Sierra
Leone (SCSL).

Human rights courts based on region:

African Court on Human and Peoples' Rights (AfCHPR): The AfCHPR is a continental court established
by the African Union to interpret and apply the African Charter on Human and Peoples' Rights. It has
jurisdiction to hear cases alleging violations of human rights and fundamental freedoms in Africa and
promotes the protection of human rights on the continent.
Inter-American Court of Human Rights (IACtHR): The IACtHR is an autonomous judicial institution of
the Organization of American States (OAS) tasked with interpreting and applying the American
Convention on Human Rights. It hears cases concerning human rights violations in the Americas and
contributes to the development of regional human rights law.

European Court of Human Rights (ECHR): The ECHR is a regional human rights court established by the
European Convention on Human Rights. It hears cases alleging violations of human rights by member
states of the Council of Europe. The ECHR plays a crucial role in interpreting and enforcing human rights
standards in Europe.

There isn't a dedicated regional human rights court for Asia comparable to the European Court of Human
Rights (ECHR) or the Inter-American Court of Human Rights (IACtHR), there are efforts within the
Asian region to address human rights issues through various mechanisms. One such mechanism is the
Asian Human Rights Commission (AHRC).

Legal sources:

United Nations Charter (Mandatory to members): The UN Charter is the foundational treaty of the
United Nations, establishing the principles and structure of the organization. It sets out the purposes and
principles of the UN, including the maintenance of international peace and security, the promotion of
human rights, and the development of friendly relations among nations.

Geneva Convention (Signatory): A set of four treaties and additional protocols that establish the
standards of international humanitarian law (IHL) governing the treatment of civilians and prisoners of
war during armed conflict. They provide protections for those who are not taking part in hostilities and
regulate the conduct of parties to conflicts. See relevant articles at: Link

Rome Statute of the International Criminal Court (Signatory): The Rome Statute established the
International Criminal Court (ICC), the first permanent international court with jurisdiction over
individuals for the most serious crimes of international concern, including genocide, war crimes, crimes
against humanity, and the crime of aggression. See relevant articles of the crime at: Link.

Universal Declaration of Human Rights (Not really a treaty): Not a treaty in the strict sense, the
Universal Declaration of Human Rights (UDHR) is a foundational document in the field of human rights.
It sets out fundamental human rights and freedoms to be universally protected, serving as a common
standard of achievement for all peoples and nations. See relevant articles at: Link.

International Covenant on Civil and Political Rights (ICCPR) (Signatory):

The ICCPR is a legally binding treaty that aims to promote and protect civil and political rights around
the world. It recognizes the inherent dignity and equal and inalienable rights of all members of the human
family and sets forth a comprehensive framework for the protection of civil and political liberties.See
relevant articles at: Link

International Covenant on Economic, Social and Cultural Rights (ICESCR) (Signatory):

The ICESCR is a legally binding treaty that aims to promote and protect economic, social, and cultural
rights (ESCR) around the world. It recognizes that these rights are essential for the dignity and well-being
of individuals and societies and sets forth a comprehensive framework for their realization. See relevant
articles at: Link

Fortsätt gärna med Erga omnes och mera