New PPP On IR Chapter 5 For 2009 Entry Regular Students

CHAPTER - FIVE
PARET- ONE
INTERNATIONAL LAWS
December 25, 2022 Mebrahtu Woldu 1

5.1. What is International Law?
It is difficult to get commonly agreed
definition of IL. Why? because:-
♠ IL has been growing with the growth of the
societies and nation states mainly in Europe- issue
of dynamism
♠ Different philosophers/scholars have been defining IL
differently based on their own perspectives, ideology,
background….

………….what is IL?
 Broadly put, IL can be defined as body of:-
 rules, principles, customary practices, norms,
standards…. that are generally regarded and
accepted as binding in relations between and
among states and other actors.
 International law serves as a framework for the
practices of stable and organized international
relations at the international arena.

5. 2. School of though in ILs
 There are school of thought/theories/perspectives
through which IL can be perceived
 International Law has been classified into natural
and positive school of thoughts.
1. Naturalist school of thought
 As a school of thought naturalism refers to the idea that
only natural law operates in the world.
 Advocates of naturalism assert that natural laws are the
rules that govern the structure and behavior of the
universe
School of though in ILs ….
 Natural school of thought attempts to
identify international law completely
with the law of nature.
 The school of naturalism identified
international law with Natural Law by
ignoring treaties, custom and practices
of the sovereign states.

…………..Schools of International Law
 According to naturalism school of thought:-
- sates need to interact each other on the basis of:-
• loving each other- it is natural to love each other
• good faith- it is natural to be positive and good
- sates need to interact each other for the purpose of:-
• building peace and stability
• strengthening harmony
• building brotherhood

…………..Schools of International Law
2. Positivist School of Thought

 As a school of though, positivism is based on:-
- experiences and empirical knowledge
- customary practices of States
- consents of the states as basis for IL
 Positivists believe that development of IL depends:-
- not on natural law and abstraction
- but on the actual practices of states

5.3. Is international law a law?
There are two group of scholars debating on
whether international law is a real law or not.
 Each group has its own points of justification
or debate. No group is right and the other wrong
Group Discussion
 Form a group of five members and discuss on
whether IL is law or not (6 min.)

………Is international a real law?
1. Sovereign law making body as point of debate
1.1. View of the First Group
 For the first group:-
♠ law proper is defined as a rule to be made, issued,
imposed and enforced by the sovereign body.
♠ international law, however, in general lack
internationally recognized sovereign body that
makes law

…Is international a real law?
♠Because it lacks command of sovereign body to
make , IL is simply rules of conduct ethical
validities, but not a law.
♠For this group, all customary practices and
socio-cultural rules…of a given country are
made and issued by sovereign law making body.
♠Hence, for this group of scholars, international
law is not law in the true sense of the term.

…………Is international a real law?
1. 2. View of the Second Group

 For this group:-
• for this group, all domestic socio-cultural, religious and
customary rules are supposed to be made by a sovereign law
making body.
• though all domestic socio-cultural, religious and customary rules
are not be made by sovereign law making body, they are highly
respected and powerful.

……………Is international a real law?
2. Application of IL as a point of debate

2.1. View of the first group
 For this group of scholars international law:-
- is not law, because it cannot be applied like that
of domestic law.
- cannot be applied because it lacks sanction,
enforcement machineries and mechanisms.

…………Is international a real law?
2.2. View of the second group
 For this group:-
♠ International Court of Justice applies international laws to
settle disputes among the states.
♠ the issue of sanctions in international relations has been
taking shape institutionally in the U.N.
♠ International customs and principles have resulted in a number
of treaties to regulate activities of Sovereign States
 But for some obviously reasons international
law cannot be as effective as the domestic law.
……………Is international a real law?
3. Violation of IL as a point of debating

3.1. View of the First group
 For this group, IL is not a law because always it is being
violated and manipulated highly by the powerful states.
3.2 Second group view
 For this group, it is impossible to conclude that IL is not true law for
it is being violated and manipulated by great powerful states.
 They argue that not only international law that is being violated, but
the domestic law is also being violated.

………………Is international a real law?
• Violation of law has nothing to do with the
nature and content of a given law.
• Rather, violation of law is directly related to the

nature and behavior of the international actors.
• Violation of IL happens frequently during war

and/or conflicts. But the offenders always justify
that their acts do not constitute a violation of IL.

………………Is international a real law?
4. Binding force of IL as a point of debating
4.1. View of the first group
 For this group of scholars, IL is not true law for it lacks
binding force. States are left free to choose to be abided or not
to be abided.
4.2. View of the Second group
 For this group of scholars, IL is a true law for it does not lack
binding force by the members.
 According to this group, IL acquires its binding effect from the
fact that States give express consent for treaties and body of
general principles provided for specific rules of conduct.

………..Is international a real law?
 This group argue that consent of the States is considered
to be very strong basis for a sanction behind IL.
 This group is in favor of the principle of pacta sunt
servanda- Latin word which means agreement must be
kept and respected
 Further more, the group argues that IL must be taken to be
binding because it is a law/treaty, not because states find it
convenience to observe it.
NB:- law is the only alternative to anarchy and that
has provided justification for the existence of IL

5.3. The purposes of IL
International Law has the purposes of:-
1. resolving problems which have regional or global nature and
scope
2. regulating areas outside the control of any one nation such as
outer space or the high seas
3. adopting common rules for multinational services such as air
transport, telegraphic service, postal service.
4. maintaining IRs stable and resolving international tensions
peacefully when they occur
5. preventing needless suffering of human beings during wars,
6. improving the conditions of human society during peacetime.

5.4. Origin and Evolution of IL
(reading assignment, 30-36)
 In the ancient times, the need for rules of conduct
among independent political entities developed
along with government.
 Political entities of early civilizations in different parts of

the world established rules to govern and treat:-
- hostilities and conflicts,
- trades and exchanges,
- traders, diplomats, missionaries….

………Origin and evolution of IL
 Jewish law, as set forth in the Old Testament,
contains prescriptions/rules of:-
- mitigating warfare
- avoiding conflict
 The Greek city-states had an elaborated treaty system
governing many aspects concerning:-
- mutual relations
- common interests
 Ancient political empires in Asia, India and China
developed and applied rules to regulate :-
- their relationships
- conflicts and wars among themselves .
 The Roman Republic developed the idea of
jus gentium, a body of law designed to:-
- govern the relations between Roman Citizens
and non-citizens.
- recognize the duty of a nation to refrain from

engaging in warfare without a just cause.

The development of Modern IL
 Modern IL was developed in Europe with the
rise of the basic ideas of:-
- nation-building
- national territory
- state sovereignty and
- issue of jurisdiction

 In 1625, based on the work of previous legal
writers, the Dutch jurist Hugo Grotius came up
with the De Jure Belli ac Pacis which refers to:
- Law of War and
- Law of Peace.
 His ideas became the cornerstone of the
international law system as established by the
Treaty of Westphalia (1648)

………..Origin and evolution of IL
The purpose of Westphalia Peace Treaty
was basically to:-
- end-up the 30 year religious war
- reduce religious authority and legitimacy.
Westphalia treaty contributed much for

the formation of:-
- sovereign states
- secular nation-states in Europe
5.5. Types of International Law
There are two major types of International
Law namely public ILs and Private ILs
1. Public International Law(PIL)
PIL regulates the relations and interactions among int’l
legal personalities/actors such as sovereign states and int’l
inter-governmental organizations like UN.
In most cases, however, public international law deals
with the relations interactions between and among
sovereign states.
………Types of International Law
2. Private International Law(PIL)
♠ PIL governs conflicts between two and/or more private
persons rather than Sovereign States
♠ PIL deals with the questions of which jurisdiction of
law should hear a legal dispute between private parties.
♠ Because it may involve two or more States, PIL

raises issues of international law
E.g. When two Kenyans conclude contract in Addis Ababa, the
Kenyan court may apply Ethiopia’s or Kenyan law regarding
validity

5.6. Sources of International Law
Based on the expressed and tacit consents of states,
the two main sources of IL are:-
1. Material/Subsidiary Source
2. Formal/Primary Source
1. Material/Subsidiary source refers to the
substance of IL which includes:-
♠ Writings of legal scholars
♠ Works of jurists
♠ Decisions of int’l tribunals

……….Sources of International Law
2. Formal/primary sources are sources that give
international law legal validity.
 Formal or primary sources include:-
2.1. Treaties expressly accepted by states as binding
(most important source of IL)
2.2. Customary practice i.e. consistent and
persistent practiced by States-e.g. respecting HRs
2.3. General principles of law which are recognized
by the international communities-e.g. equality of
sovereignty

………… Sources of International Law
2.1.Treaty as a source of IL
Treaty as a source of IL refers to a
written agreement concluded by:-
- two sovereign states( bilateral treaty)
- more than two sovereign states(multilateral treaty)
- a state and an international intergovernmental
organization.( Sate Vs IIGOs)
 For each and every point give examples
 Under the principle of international law, treaties:-

- are binding on the signatories.
- must adhere to good faith.
 Under the modern International Law, Sovereign

States are bound by treaties:-
- if the treaty consists of customary rules
- when they become part of the treaty
In principle, a treaty between or among
states is void if it is concluded:-
- in the absence of consent
- by the use of force .
• The Vienna Convention, on the Law of Treaties,
adopted in 1969, had rules that govern:-
- conclusion of treaty
- validity of treaty
- interpretation of treaty
- modification of treaty
- violation of treaty
- termination of treaties

2.2. Customary Practices as source of IL
 Customary practice, as source of IL, refers to:-
- rules which are not codified
- practices of nations over time.
 Customary practice can be bound by States if it is
respected and implemented:-
- for a long period of time(long-standing)
- in a widespread areas
- uniformly (similarly with no difference)
- consistently (coherently and logically)
- persistently(continuously, despite a problem)
 Example:- Universal Human Rights, Humanitarian law
2.3. General principles of IL
 General principles IL are those which are included
in the statute of International Court of
Justice(ICJ) and other international jurisprudences
 Under the International arena, the following are the
major general principles:-
- principle of consent
- principle of reciprocity
- principle of territorial integrity of states
- equality of sovereignty
- principle of good faith
5.7. Nature/characteristics of the IL
 IL has the following major unique characteristics
which differentiates it from the Domestic Law
1. comparing with domestic law, international law lacks sovereign
legislative bodies
2. International law has no hierarchy of courts like the domestic
law to deal with disputes
3. International law has no legitimate law enforcing bodies or
machineries like police force
4. Different from Domestic Law, International law operates only
horizontally
5. Sovereign states obey International law mainly based on mutual
benefits and reciprocities

…………Nature of the law
 Under the International system, IL is considered as
soft law because IL is:-
- quasi-law
- non-binding law or
- less binding law….
 In some aspects, IL can be labeled as Soft law if it is
referring to:-
- Guidelines, - Resolutions
- Principles, - Action plans
- Recommendations - programs…

Subjects of International Law……
Accordingly, the following are the major
subjects of modern International Law
1. Sovereign State: the major subject of the IL
2. Individual persons
3. International Governmental Organizations
4. International Non Governmental Organizations
5. Multinational companies/corporations
December 25, 2022 36

Mebrahtu Woldu
Subjects of International Law….
1. Individuals as subject of IL
As part of international politics, the thought
positivists of 19th century had considered:-
- States as the only subjects of IL
- Individuals as only objects of IL
 But starting mid of 20th century individuals can

become the subjects of IL like claiming:-
- the rights of the aliens in the state of their domicile
- the privileges of foreign ships in national ports
- the privilege of navigation of high seas
- for redressing violation of human rights……ect

Subjects of International Law…..
After the development of modern HRL, individuals
made subjects of international crimes mainly:-
- war crimes,
- crimes against humanity,
- genocide crime
- torture and inhuman treatments……… etc
Thus, under international human right law,
individual criminals can:-
- be accused for violating human rights
- be prosecuted by the ICC
- claim their rights when they are in a custody

5.10. Formalities of making treaties
 International agreements are made based on
formalities of the Vienna Convention as follows.
1) The full power concept
 Treaty formality and making process needs to pas a
number of processes starting from identifying
person/s with full power to carry out negotiation.
The concept of Full power refers to a document
that authorizes a person or persons to do a
negotiation based on the international formalities and
national interests
………Formalities of treaty making
 Of course there are persons who do not need
full powers to negotiate treaties such as:-
- Heads of government/heads of state
- Foreign ministers
- Heads of diplomatic missions
- Government representatives in
International Organizations

2 ) Initiating draft proposal
 Initiating a draft proposal is the next step in the
process of negotiating in making treaties.
 The first activity in initiating draft is to identify the
needs and gaps to be proposed
 Initiating a draft proposal is supposed to be done by
the executive branch of a government particularly
Foreign Ministers of a given country

3) Negotiating treaties
 The concept of negotiating treaties refers to:-
♠ a step next to preparing the draft proposal
♠ most time taking step in the process of making treaties.
 Negotiation can take place at both:-
♠ multi lateral and
♠ bilateral levels
 Negotiating treaties at a multi-lateral level:-
♠ is supposed to be facilitated by IOs such as UN
♠ representatives hold discussion on the proposal
♠ heads of governments or heads of states sign the treaty.

 Negotiating treaties at a bi-lateral level:-
- the two States are responsible to handle the process
and facilitations of the negotiation
- one of the States may take the initiation to prepare a
proposal and send to the other State.
- the State that receives the proposal is supposed to
send back its comments to the first State.
- when agreement is reached, heads of government and
States are supposed to express their consent.

4) Mode and Process of Expressing Consent
 The two major modes of expressing consent are:-
4.1. Consent by signature
 After an agreement is reached, heads of government
and/or heads of state are supposed to express their
consent by signature.
 Such an expressing consent by signature is known as
definitive/authoritative signature.
 Such kind of expressing consent may allow the state to
enter in to the treaty without any additional procedures.

4.2. Consent by signature plus ratification

 In the process of negotiation, consent by
signature which is called definitive signature,
cannot make a state part to a treaty.
 Hence, expressing consent needs ratification by
the relevant body.
 This kind of mode of negotiation to make treaties
is known as plus ratification

 Ratification/Domestication of treaties
 The executive organ is supposed to submit the signed
bill to the law making body
 In the law making body, the signed bill is sent to the
standing committee
 After looking at the bill thoroughly, the standing
committee presents it to the law making body
 The law making body may approve or reject the
signed bill of treaty

5.11. Method of Treaty Domestication
Two methods of treaty domestication are:-
A) Method of adopting/incorporating treaties:-
In the countries that employ treaty
incorporating type of method:-
- treaties are considered part of
domestic law
- domestic law has a mandate to
incorporate IL

Method of Treaty implementation
B) Method of Transforming treaties:-

 In some countries which employ treaty
transforming method:-
- parliament must express that it transforms a treaty
by separate proclamations.
- in the separate proclamation, the text of the treaty
need to be translate in the national/working
language of the country.

………Recognition of State/Government
 In such cases, a government may not like the new

government and hence may want to change
relations.
 For the most part, this is a political decision taken
by Sates, not a matter of international law.
 In such a case, the politics of the powerful nations
play great role using double standards.
 Hence, recognition of new government is up-to the
power of each Sovereign State not a matter of IL.

Group Activity
• It is obvious that the current Ethiopian
Government has been concluding different
agreements with the Somaliland government
because the Ethiopian government recognized
the Somaliland government.
• Type of theory being used by the current
Ethiopian Government is …………….why? Justify
your answer

………Recognition of State
Modes of Recognition of State
 Mode of recognition of States can be either Implied
or Expressed.
1) Expressed Recognition
 Under this mode of recognition, expressing interest to recognize
a sate needs to be based on international standards and laws
 Expressed recognition, therefore, is made simply by a formal
and official declarations.
 In this case, a country can have both formal recognition and
diplomatic ties/relations.

………Recognition of St
2) Implied Recognition
 Implied recognition refers of informal bilateral
relations without the acknowledgement
international standards
 Implied recognition is made by acts with the
intention to grant legal personality, but not formal
and official
 It is a relation with unrecognized government by
sending diplomats or other officials with the
intention to promote mutual interests
………Recognition of State
 Recognition of State can be de facto or de jure
1. De facto Recognition
 De facto recognition is a fact and objective reality
existing in practice regardless of official or legal status.
 To give de-facto recognition, there must exist a defined
territory; a permanent population; a legitimate
government and a capacity to enter into relations with other
states
 These all elements are there actually, but they are not
legally and officially recognized at international level.
 Example:- Recognition of ……….government.

………Recognition cont
2. De jure Recognition
 The term de jure refers to recognition based on
law or legal frameworks, the practice may be
different
 Basically, de jure recognition refers to the kind
of recognition in accordance with the international
law and international standards.
 In the case of de jure recognition, the recognized
state fulfills criteria set by International Law for
effective participation in the international arena
 Example:- Recognizing ………………………Government

5.14. Use of force under ILs
Just War Doctrine-
Under the IL, there are two ways of looking at war as whether a war is
just or not:-
- why you fight; the reason you fight
- how you fight; the way you fight.
Just war tradition rests upon two basic points, expressed in Latin as:-
- jus ad bellum - this refers to the decision; reason and cause
of entering into a war
- jus in bello - this refers to conducting war actually in a

correct and acceptable manner

Use of force under ILs………
 A war can be labeled as just war if it
is waged to defend:-
 one’s own religion
 one’s people-
 sovereignty of people and country
 values, history, culture…of society
 strategic minerals; resources ………

Use of force under ILs………
But still under the principle of IL a war
can be a just if and only if:-
 it is taken as a last resort
 it is carried out based on proportionality
 its end purpose is restoration of peace
 it has a reasonable hope of success……..

Use of force under the IL…………
Use of Force under the UN
Under the UN Charter Art 2 (4), it is declared that:
“All states shall refrain from threat or use of force against
territorial integrity or political independence of any state”.
 In principle, the statement of UN Charter is regarded as:-

 established principle of int’l law and
 being bound on all member states.
 But, there are two exceptions where use of force is justified:-

 collective use of force authorized by the UN
 the right to proportional self-defense

Use of force under the IL……
 Self-defence as an exception principle to the
general principle is stated under the United
Nations Charter Article 51
 Article 51 states that: “Nothing in the present

Charter shall impair the inherent right of self-
defense if an armed attack occurs against
member states of the UN.

5.15. Principle of non-intervention
Principle of non-intervention must be:-
 regarded as part of customary IL.
 based on the territorial integrities of states.
In principle, International Law prohibits:-
 assisting/helping
 organizing/leading
 financing subversive armed groups targeted at
overthrowing legitimate regime of a state.

Principle of non-intervention……
 IL allows intervention for human right and
humanitarian purposes to protect:-
 individuals and group of individuals
 communities and ethnic groups
 International community has the responsibility to
protect the rights of civilians when a state:-
 fails to protect them from the attackers or
 undertakes gross violation of HRs deliberately

5.16. International crimes
 In the process of interactions based on IL,
there can occur crimes and illegal activities
 From among these international crimes,

the major ones are:-
a) genocide
b) war crimes
c) crimes against humanity.

International crimes……….
a) Genocide
 Genocide refers to an intention to destroy in whole/part of:-
 part or whole ethnic groups
 religious groups
 community members……….etc
 Commonly accepted major acts of Genocide may involve:-
 killings
 bodily/mental harm,
 preventing birth ……………….etc.
International crimes……….
b)War crime
War crime refers to a violation of international
law of war thought :-
 killing or mistreating the wounded
 killing or mistreating Prisoners of War,
 using poisonous gas,
 destruction of civilian areas,
 historical sites and religious sites……..etc.

………International crimes
c) Crime Against Humanity
 Crimes Against Humanity refers to a crime committed:-
 before or during armed conflict,
 on citizens or third parts
 Crimes Against Humanity involves:-
 murder,
 enslavement,
 deportation,
 torture, …………………etc

PART TWO
International
Organizations
International organizations…
2.1. Types of International organizations
a) International Inter-Governmental Organizations(IIGOs)
 IGOs are formal institutions comprised of sovereign states such as UN,
AU, EU, NATO, G8,..etc.
b) International Non-Governmental Organizations (INGOs)
 International NGOs are essentially nonprofit private organizations
that engage in a variety of international activities (e.g. Amnesty
International, , International Committee for Red Cross, ………..etc.)
c) Multinational Companies/Corporations (MNCs)
 MNCs are organizations that owns or controls productions of
goods or services like COCA-COLA,

International Organizations….
2.2. Characteristics of IIGOs
 IIGOs have the following major characteristics through
which their essence can be understood.
1. They are created by states
 They are basically formed by sovereign states.
2. They are established by treaties
 They cannot be established by domestic laws
3. They have powers delegated by States
 They are supposed to act for the interests of the member States.

2.3. Classifications of IIGOs
a) Classification based on functions/purposes such:-
- economic
- security
- military
- social
- diplomacy…………………

b) Classification based on membership
- open to all states to be a member

Example:- UN
- open only to some sates to be a member
Example:- AU

2.2. THE LEAGUE OF NATIONS(1919-1939)
(Reading Assignment 84 -97)
 All 19th century conferences and innovations failed to prevent the
collapse of the balance of power system among Europeans .
 As a result of WWI between Triple Alliance (Germany, Italy,
Austria) & Triple Entente (friendship) (UK, France, Russia) occurred.
 The Versailles Treaty on the basis of terms of the victors led
to the formation of League of Nations.
Hence, the League was established as the 1st int’l
permanent organization with more of political
nature.

…………………THE LEAGUE OF NATIONs
 League of Nations was originally the idea of American President
Woodrow Wilson following the First World War.
 There were different views on how the League of Nations should
operate.
 American view:-a world parliament where representatives
would meet regularly to decide on matters
which affect all of them.
 Britain in view:- a very simple organization in which representatives
would meet during emergencies time only.

…………….THE LEAGUE OF NATIONS
 France View:- a strong League capable of enforcing decisions

with its own army.
 The Americans did not join the League. why? This was
because:-
1. many Americans did not think that the Versailles Treaty was fair. As the
League was linked with the treaty, they did not want to be part of it.
2. most Americans wanted to stay out of disputes that might enter their troops
into a war.
3. others wanted to avoid the economic cost of joining the League
4. many Americans were anti-French and anti-British at that time
5. basically policy of isolationism(staying out of international affairs)
made Americans not to join the League of Nations.

Major aims of the League of Nations were:-
 to promote international peace
 to encourage co-operation in business and trade
 to discourage aggression from any country
 to encourage disarmament
 to maintain int’l security through peaceful settlement of disputes

Basic principles of League of Nations
1. Members agreed to respect territorial integrity and
political independence of states.
2. Members agreed to try methods of peaceful dispute
settlement.
3. Members agreed the League to have the mandate to enforce
settlements through diplomatic & economic sanctions .
Major organs of the League Nations
1. Executive Council
2. Assembly
3. Secretariat
4. Permanent Court of Int’l Justice
1. Executive Council
 The Council was consisted of:-
* UK, France, Italy and Japan permanently and
* four other periodically elected members.
 The Council was the main organ to:-
* handle and settle disputes
* impose diplomatic and other sanctions,
* supervise mandate system…………………..

2. Assembly of the League
 It consisted of all member states of the League of Nations and it
was authorized to:-
* admit new members,
* approve budget,
* elect non-permanent members to Council
 In principle, the General Assembly is supposed to operate on
the basis of :-
* unanimity,
* complete agreement
In many practical cases, as members of General Assembly,
sovereign states preferred:-
* abstaining rather than objecting to decisions
3. Permanent Court of Int’l Justice (PCIJ)

 Judges were elected by both:-
* the Executive Council and
* the Assembly
 Permanent Court of Int’l Justice:-
* gave advisory opinions.
* was permanent organ of the league
* its judgments were binding on all parties.

Weaknesses of League (read this part)
a)It became unpopular as it included the unjust Versailles
Treaty which excluded the defeated powers initially.
b)The Covenant did not deal with issues of withdrawal and
the consequences of withdrawal. Thus, states tried to
avoid obligations by withdrawing their membership
c)The rule of unanimity undermined the League. Hence, it
could not prevent Italy’s invasion on Ethiopia in 1935,
Japan’s invasion on China in 1931, Germany’s invasions
in 1939. Japan withdrew from the League in 1933. the
USSR was expelled when it invaded Finland in 1939
d)Decisions on whether circumstances arose to enforce
sanctions were up to the discretion of individual states,
not by League
Failures of the League
 It failed to take decisive action; neither France nor UK wanted
to take military or economic sanctions
 Its response to Italy’s invasion of Ethiopia further undermined
its legitimacy. UK and France had already assured Mussolini of
their neutrality.
 In fact, the League Council had identified Italy as aggressor
and called for sanctions, but not implemented.
 It failed to prevent Hitler’s invasion of Czechoslovakia and
Austria.
 Shortly, it can be said that collective security was impractical
in reality
 As a result, the League was silent on WWII during the period
of 1939-45.
2.3. The United Nations Charter
1. The origin of United Nations
The Atlantic Charter of August , 1941, was:-
• taken as the basic foundation of the UN
• a joint declaration of Roosevelt and Churchill
• to bring permanent system of security and economic

collaboration
• at first affirmed by 26 states

……………….The United Nations
The great powers had a series of conferences and
negotiations at Washington, in August and October
1944
The conferences and negotiations were on the basis

of universal membership of all “peace loving states”
Then, it was finalized and adopted by 50 states at

the San Francisco conference on August 25, 1945.

The United Nations…………..
In the process of the negotiation, the debate on regionalism
and globalism in international politics was high by that
time. That is universalism Vs cultural relativism
Third world delegates from Latin American, Africa and

Arab blocs were advocates of regionalism.
Finally, at the San Francisco conference modifications

favoring regionalism were made.
As a result, the UN Charter incorporated the right to

collective self-defense and the primacy of dispute
settlement through regional means.

…………………..The United Nations
2. Purposes of the UN
 The UN has the following major purposes.
1. to promote int’l economic, social and humanitarian cooperations
2. to maintain int’l peace/security and take effective measures to this end.
3. to develop friendly and brotherhood relations among states.
4. to guarantee the rights of self-determination to peoples.
5. to harmonize the actions of states to attain common ends.

………The United Nations
3. Principles of the UN
1. Equality of Sovereign states ; one state-one-vote in the GA
2. Peaceful settlement of disputes and conflicts;
3. States’ restraint from threat/use of force;
4. States shall assist UN’s enforcement actions;
5. Members are required to act in line with UN’s requirements
6. No UN intervention in domestic matters unless it falls within
enforcement jurisdiction

…………………The United Nations
4. Major Organs of the UN
 The UN has the following the major organs.
- the General Assembly
- the Trusteeship Council
- the Security Council,,
- the ICJ
- Economic & Social Council,
- the Secretariat

………The United Nations
There are also specialized agencies namely:-
- the WHO
- the IMF
- the FAO,
- the World Bank,
- the UNESCO

1. The General Assembly of the UN
a) It is a world forum operating along “one state-one-vote” formula for
all members.
b) It coordinates and supervises subsidiary bodies and decides on the
UN budget
c) It admits new members that are ‘peace loving nations’ after SC’s
affirmative vote;
d) It elects non-permanent members to the SC and other organs
e) It appoints the SG based on recommendation from the SC and
appoints ICJ judges.
f) It can make inquiries on conflict situations and propose
amendment to the Charter

……………………….The United Nations
2. The Security Council of the UN
SC consists of 15 member states:-
* five permanent members with veto powers and
* ten non-permanent members elected every two years
The election criteria of SC is based on:-
* geographic representation
* contribution to int’l peace and security ………
Normally, the representatives are:-
* (5)Afro-Asia ,
* (1) Eastern Europe
* (2)Latin America
* (2)Western Europe

…………….The United Nations
The reasons for permanent membership were:-
the countries made sacrifice in establishing int’l
economic, political, legal orders.
it was justified that the powerful nations made smooth
and quick decisions on aggressions.
the USSR would not have joined the UN without veto due
to the western bias of the Council.

 Powers of the Security Council
 Under Art 24, the SC has a primary objective of
maintaining int’l peace & security through peaceful
settlement of disputes.
Only the SC is authorized by the charter for the
enforcement of sanctions.
Primarily, SC takes actions short of war in case of
disputes due to breach of peace or aggression.

………………………The United Nations
 Voting of the SC
Affirmative vote of 9 members including the
concurring vote of Five permanent members is
required on substantive matters.
One negative vote by permanent member
is enough to nullify any resolution.
During the Cold War, it was paralyzed due
to frequent use of veto by the P5

………………The United Nations
3. The Secretariat of the UN
The Secretariat is a technical and administrative
organ of UN’s programs, policies
The Secretariat is led by the Secretary General
with power to bring issues of peace and security
to the attention of the SC
The Secretary General often comes from
developing and small countries for 5 years term
renewable
The Secretary General represents the UN in many
forums for different duties.

………………The United Nations
4. Trusteeship Council of the UN
Trusteeship Council was mandated to administer
territories in the process of self-government
But, Trusteeship Council of the UN is not
functional in the contemporary world.
5. The Economic and Social Council of the UN
It undertakes much of the economic and social
activities
The ECOSOC consists of 54 members elected by
the GA for three years

2.4. International judicial bodies
The UN has different mechanisms to
deal with crimes committed at the
international level
 There are international institutions
dealing with crimes among following
are the major ones.
1. The International Court of Justice(ICJ)
2. The International Criminal Court(ICC)

International judicial bodies….
1. The International Court of Justice(ICJ)
1.1. Background
 ICJ was established by the UN Charter and
enter in to enforce in 1946.
 Its headquarters is located in the Peace Palace at
The Hague, Netherlands
 There has been an increased willingness to use
the ICJ since the 1980s.

 ICJ has a Statute as a main legal document
that regulates its functions
 ICJ is the main judicial organ of UN in

which only Sovereign States are subjects
Decision/Resolution of ICJ is binding

only on States that are Parties to it.

1.2. Composition
• The ICJ is composed of 15 permanent judges elected by the
UN General Assembly and the UN Security Council.
• Judges of ICJ are supposed to serve for nine year terms and
may be re-elected.
• No two judges of ICJ may be nationals of the same or one
country.
• As stated in Article 93 of the UN Charter, all 192 UN
members are automatically parties to the Court's statute.

1.3. Procedures
 The ICJ is vested with the power to make its own
rules and apply them.
 The case can be lodged by the applicant on the basis
of the Court's jurisdiction and the merits of its claim
 The respondent may accept the Court's jurisdiction
and file its own memorial on the merits of the case
 The official/working languages of ICJ are both
French and English

International judicial bodies…….
2. The International Criminal Court(ICC)
2.1. Background
 ICC came into being in 2002 based on the Rome
Statute due to difficulties observed in ICJ
 Its official seat is in The Hague, Netherlands, but
its proceedings may take place anywhere.
 ICC is compulsory and binding only on state
parties or signatories to it.

2.2. Jurisdiction
2.2.1. Territorial Jurisdiction
 The ICC has the territorial jurisdiction only in
three cases namely:-
• if the accused is a national of a state party.
• If the crime took place on the territory of a state party.
• If it is referred to the ICC by the UN Security Council.

2.2.2. Crime Jurisdiction
The ICC has the jurisdiction on serious
crimes such as:-
• crimes of genocide
• crimes against humanity
• war crimes………
2.2.3. The Scope
 The ICC deals with systematic and widespread
human right abuses and crimes.
2.4. Subjects
 Individuals who committed crimes against nationals within
the territory of State parties are subject of IL.
 Sovereign States, associations, companies… do not fall under
the jurisdiction of ICC
2.5. procedures
 Chief prosecutor, upon investigation of a claim, brings charges
before the pre-trial chamber
 If trial is warranted, the defendant will stand trial in the trial
chamber before a panel of three judges
THE END OF CHAPTER FIVE
THANK YOU VERY MUCH
IF YOU HAVE ANY:

QUESTIONS,
SUGGETIONS
COMMENTS

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CHAPTER - FIVE

December 25, 2022 Mebrahtu Woldu 1

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2. Positivist School of Thought

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1. 2. View of the Second Group

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2. Application of IL as a point of debate

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3. Violation of IL as a point of debating

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• Rather, violation of law is directly related to the

• Violation of IL happens frequently during war

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 Political entities of early civilizations in different parts of

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- recognize the duty of a nation to refrain from

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Westphalia treaty contributed much for

♠ Because it may involve two or more States, PIL

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 For each and every point give examples

 Under the principle of international law, treaties:-

 Under the modern International Law, Sovereign

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 But starting mid of 20th century individuals can

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4.2. Consent by signature plus ratification

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B) Method of Transforming treaties:-

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 In such cases, a government may not like the new

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- jus in bello - this refers to conducting war actually in a