Podcast
Questions and Answers
What is the primary judicial organ of the United Nations that adjudicates disputes between states?
What is the primary judicial organ of the United Nations that adjudicates disputes between states?
Which of the following is NOT a principle of human rights?
Which of the following is NOT a principle of human rights?
What is the definition of state responsibility?
What is the definition of state responsibility?
Which type of treaty creates new international law?
Which type of treaty creates new international law?
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What is the principle of legality in international criminal law?
What is the principle of legality in international criminal law?
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What is the term for the international legal obligation of a state to make reparation for a breach of an international obligation?
What is the term for the international legal obligation of a state to make reparation for a breach of an international obligation?
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What is the name of the international court that prosecutes individuals for international crimes?
What is the name of the international court that prosecutes individuals for international crimes?
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Which of the following is a key characteristic of treaties?
Which of the following is a key characteristic of treaties?
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What is the term for the mode of liability where an individual is responsible for the crimes committed by their subordinates?
What is the term for the mode of liability where an individual is responsible for the crimes committed by their subordinates?
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What is the name of the document that enshrines fundamental human rights and freedoms?
What is the name of the document that enshrines fundamental human rights and freedoms?
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Study Notes
Human Rights
- Universal Declaration of Human Rights (1948): a foundational document enshrining fundamental rights and freedoms
- International Covenant on Civil and Political Rights (1966) and International Covenant on Economic, Social and Cultural Rights (1966): two core treaties that elaborate on human rights
- Human rights are categorized into:
- Civil and political rights (e.g., life, liberty, freedom of speech)
- Economic, social and cultural rights (e.g., education, healthcare, labor rights)
- Key human rights principles:
- Non-discrimination
- Equality
- Universality
- Indivisibility
- Human rights mechanisms:
- United Nations Human Rights Council
- Special Procedures (e.g., Special Rapporteurs)
- Treaty bodies (e.g., Human Rights Committee)
International Courts
- International Court of Justice (ICJ):
- Primary judicial organ of the United Nations
- Adjudicates disputes between states
- Provides advisory opinions on international law
- International Criminal Court (ICC):
- Prosecutes individuals for international crimes (e.g., genocide, war crimes, crimes against humanity)
- Has jurisdiction over crimes committed after 2002
- Other international courts:
- International Tribunal for the Law of the Sea
- International Criminal Tribunals (e.g., ICTY, ICTR)
State Responsibility
- Definition: the international legal obligation of a state to make reparation for a breach of an international obligation
- Key principles:
- The responsibility of a state is engaged when an internationally wrongful act is committed
- The state must make full reparation for the injury caused
- The responsibility of a state is not limited to its own acts, but also extends to acts of its organs and agents
- The International Law Commission's Articles on State Responsibility (2001) provide a comprehensive framework for state responsibility
Treaties and Conventions
- Definition: a written agreement between states governed by international law
- Types of treaties:
- Bilateral treaties (between two states)
- Multilateral treaties (between multiple states)
- Law-making treaties (create new international law)
- Key characteristics:
- Treaties are binding on the parties
- Treaties must be interpreted in good faith
- Treaties can be amended or terminated
- Examples of significant treaties:
- Vienna Convention on the Law of Treaties (1969)
- Geneva Conventions (1949)
International Criminal Law
- Definition: the body of law that deals with the prosecution of individuals for international crimes
- Key principles:
- Nullum crimen sine lege (no crime without a law)
- Nulla poena sine lege (no punishment without a law)
- The principle of legality (no retrospective application of criminal law)
- International crimes:
- Genocide
- War crimes
- Crimes against humanity
- Aggression
- Modes of liability:
- Direct responsibility
- Indirect responsibility (e.g., command responsibility)
- Joint criminal enterprise
Human Rights
- Universal Declaration of Human Rights (1948) is a foundational document that enshrines fundamental rights and freedoms.
- Two core treaties that elaborate on human rights are the International Covenant on Civil and Political Rights (1966) and the International Covenant on Economic, Social and Cultural Rights (1966).
- Human rights are categorized into civil and political rights, and economic, social and cultural rights.
- Civil and political rights include the right to life, liberty, and freedom of speech.
- Economic, social and cultural rights include the right to education, healthcare, and labor rights.
- Key human rights principles include non-discrimination, equality, universality, and indivisibility.
- The United Nations Human Rights Council, Special Procedures, and Treaty bodies are human rights mechanisms.
International Courts
- The International Court of Justice (ICJ) is the primary judicial organ of the United Nations.
- The ICJ adjudicates disputes between states and provides advisory opinions on international law.
- The International Criminal Court (ICC) prosecutes individuals for international crimes, such as genocide, war crimes, and crimes against humanity.
- The ICC has jurisdiction over crimes committed after 2002.
- Other international courts include the International Tribunal for the Law of the Sea and International Criminal Tribunals.
State Responsibility
- State responsibility is the international legal obligation of a state to make reparation for a breach of an international obligation.
- The responsibility of a state is engaged when an internationally wrongful act is committed.
- The state must make full reparation for the injury caused.
- The responsibility of a state is not limited to its own acts, but also extends to acts of its organs and agents.
- The International Law Commission's Articles on State Responsibility (2001) provide a comprehensive framework for state responsibility.
Treaties and Conventions
- A treaty is a written agreement between states governed by international law.
- Bilateral treaties are between two states, while multilateral treaties are between multiple states.
- Law-making treaties create new international law.
- Treaties are binding on the parties and must be interpreted in good faith.
- Treaties can be amended or terminated.
- Examples of significant treaties include the Vienna Convention on the Law of Treaties (1969) and the Geneva Conventions (1949).
International Criminal Law
- International criminal law is the body of law that deals with the prosecution of individuals for international crimes.
- The principle of nullum crimen sine lege (no crime without a law) applies to international criminal law.
- The principle of nulla poena sine lege (no punishment without a law) also applies.
- The principle of legality (no retrospective application of criminal law) is a key principle of international criminal law.
- International crimes include genocide, war crimes, crimes against humanity, and aggression.
- Modes of liability include direct responsibility, indirect responsibility, and joint criminal enterprise.
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Description
Learn about the foundational documents and categories of human rights, including civil and political rights, and economic, social and cultural rights.