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International Law

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Rebeca Giménez

on 15 December 2015

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Transcript of International Law

International Law
International Law (IL) is the set of rules generally regarded and accepted as binding in relations between states

States have strong incentives to free themselves from the insecurities of international anarchy. International order is a common interest of most states

Landmarks in the development Fathers of IL:
of IL are:
IL structures argument about right and wrong, about bounds of legitimate action, about authority and membership, and about the full spectrum of international issues, from the management of fisheries to the use of force.

International legal argument is rhetorical and analogical

Interpretation plays a big role Establishes similarities
among different cases

Some characteristics have changed along time:

Characteristics of International Law
The Laws of War
Rwanda's Process
Treaties of Augsburg (1555)
Treaties of Westfalia (1648)
Treaties of Utrecht (1713)
Hugo Grotius (1583-1645)
Emmerich de Vattel (1714-1767)
States are the primary subjects of IL and the only actors empowered to formulate, enact and enforce international law

The IL is concerned with regulation of inter-state relations (not how states operate within their own territory)

The Scope of International legislation is confined to questions of order, not justice
After the recent decades:
Individuals, groups and organizations -non-state actors- are becoming increasingly important agents in the international legal process

IL is getting concerned with global, not merely international regulation (proposes how states should behave within their territories)

IL becomes a Supranational Institution
The use of force is considered the core of the modern international legal system

The Charter of the United Nation confines the legitimate use of power to two situations:

Charter of the UN bases are:

The most ambitious international judicial experiment since the end of WWII, establishes to prosecute the crimes of genocide, crimes against humanity, war crimes and the crime of aggression
As part of a Security council-sanctioned peace enforcement action

Kind of weapons that are legally permitted
How military combatants and non-combatants must be treated
Two ethnic groups: hutu and tutsi

1994 dictator Habyarimana (hutu) dies with president of Burundi, because a misil demolish their plane.

Hutu group starts a genocide against tutsi minority and moderated hutus.

The International community does not intervene in the conflict.

8th November 1994, the International Criminal Tribunal for Rwanda is established
Death toll around 800.000 in 5 months
The main objective is to prosecute the radical hutu leaders
First international condemnation against genocide and sexual violations
Acknowledgement of importance and value of human life in Africa
However, Rwanda's population critisized the ICT because the condemnation were too gentle (not death penalty)
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