International Law on Torture

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to Lesson

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

What is customary law based on?

  • International treaties signed by states
  • Written statutes enacted by legislative bodies
  • Opinions of prominent legal scholars
  • Established practices of states supported by subjective belief (correct)

Under what condition is a customary rule binding on states?

  • Only when recognized by international courts
  • If a majority of states agree to it
  • Only if it is explicitly stated in a treaty
  • Unless a state has persistently objected to that rule (correct)

Which of the following scenarios best illustrates the challenges of applying international treaties on torture?

  • A state helps another state that tortures individuals in secret prisons
  • A state interrogates suspects in a facility outside its territories (correct)
  • A state signs a treaty but does not ratify it
  • A state conducts torture within its own borders

What can international lawyers use as guidance in determining if an act amounts to torture?

<p>The codified definitions in international treaties and case interpretations (A)</p> Signup and view all the answers

What is a potential counterargument regarding the application of treaties prohibiting torture?

<p>Extraterritorial application may be valid if the state controls the acts (A)</p> Signup and view all the answers

What is a key limitation of the treaties regarding torture referenced in the scenario?

<p>They apply to individuals within a state's territory and jurisdiction (C)</p> Signup and view all the answers

What metaphor is used to illustrate the complexities of law-making?

<p>Laws are like sausages. (D)</p> Signup and view all the answers

What should an international lawyer consider when faced with cases of torture?

<p>The ratification status of pertinent treaties (C)</p> Signup and view all the answers

What is one criterion that helps determine if a territorial entity is considered a sovereign state?

<p>Capacity to enter international relations (C)</p> Signup and view all the answers

What happens when a state does not recognize another state despite meeting the criteria for statehood?

<p>The non-recognition does not affect the statehood status. (A)</p> Signup and view all the answers

What recourse do individuals have under international law if they are tortured by officials of another state?

<p>Their home state can file a complaint on their behalf. (D)</p> Signup and view all the answers

Which of the following is NOT typically considered a source of international law?

<p>Cultural practices (B)</p> Signup and view all the answers

What is one method that can lead to the creation of multilateral treaties?

<p>Long negotiations at diplomatic conferences (D)</p> Signup and view all the answers

How does a treaty become legally binding for the member states?

<p>A certain number of states must ratify it. (A)</p> Signup and view all the answers

If a state tortures its own citizens, how can other states intervene under international law?

<p>They cannot intervene as it is considered an internal matter. (D)</p> Signup and view all the answers

What principle is recognized as a source of international law that is also prevalent in many domestic legal systems?

<p>General principles of law like good faith (D)</p> Signup and view all the answers

What is jus ad bellum concerned with?

<p>Legal conditions for engaging in war (D)</p> Signup and view all the answers

Which of the following best describes jus post-bellum?

<p>Law related to post-war reconstruction (A)</p> Signup and view all the answers

How has international human rights law influenced humanitarian law?

<p>By developing principles that protect individuals (B)</p> Signup and view all the answers

What significant development in international criminal law occurred after the Cold War?

<p>The establishment of the International Criminal Court (A)</p> Signup and view all the answers

Which entity was traditionally considered a subject of international law?

<p>Sovereign states (C)</p> Signup and view all the answers

What does a legal prohibition of torture imply for governments?

<p>Governments are legally bound to prevent the use of torture. (B)</p> Signup and view all the answers

What is not typically considered a privilege of a sovereign state?

<p>Obligation to international treaties (A)</p> Signup and view all the answers

What principle allows sovereign states to refrain from interfering in each other's affairs?

<p>Non-intervention (C)</p> Signup and view all the answers

What is a central legal argument regarding the killing of terrorist suspects in foreign countries?

<p>It can be justified as part of the global war on terror. (A)</p> Signup and view all the answers

What normative role does international law play according to the content?

<p>It creates new argumentative needs and challenges established positions. (B)</p> Signup and view all the answers

Which of the following is a characteristic of liberal approaches to international relations (IR) theory?

<p>They propose that norms shape state preferences. (B)</p> Signup and view all the answers

How does the English school of thought characterize international society?

<p>States interact to create rules and institutions. (A)</p> Signup and view all the answers

What does social movement theory focus on within the context of civil society?

<p>Group organization and campaigning for rights. (A)</p> Signup and view all the answers

What argument is raised about the concept of torture in international law?

<p>It can be justified in exceptional cases such as a ticking bomb scenario. (D)</p> Signup and view all the answers

What has the discussion around international law shifted from and to?

<p>From ‘whether it is truly law’ to ‘how do norms matter’. (B)</p> Signup and view all the answers

What does constructivist theory primarily examine within international relations?

<p>Social processes and the influence of legal norms. (C)</p> Signup and view all the answers

What is the primary belief of a fatalistic conception of world politics?

<p>Culturally distinct units pursue their own goals with limited cooperation. (D)</p> Signup and view all the answers

According to the optimistic and state-centred perspective, what is necessary for progress in international affairs?

<p>Voluntary cooperation between states in a rule-governed society. (D)</p> Signup and view all the answers

What is a potential consequence of allowing states to promote human protection independently?

<p>Creation of disorder and undermining of human development. (D)</p> Signup and view all the answers

What does the rule-governed international society perspective emphasize?

<p>A legal framework for the prohibition of force. (D)</p> Signup and view all the answers

Which ethical position privileges individuals over states?

<p>Individual-centered ethics. (C)</p> Signup and view all the answers

What is a primary critique of the legal view regarding state interventions?

<p>It underestimates states' ability to reach consensus on moral issues. (D)</p> Signup and view all the answers

What does the concept of 'begrudging cooperation' imply in the context of world politics?

<p>Cooperation that occurs with reluctance due to differing goals. (B)</p> Signup and view all the answers

What perspective does the UN charter underpin concerning state behavior?

<p>It establishes norms for the use of force and cooperation. (A)</p> Signup and view all the answers

What is the primary responsibility of states under the Responsibility to Protect framework?

<p>To protect their populations from atrocity crimes (A)</p> Signup and view all the answers

How many pillars does the Responsibility to Protect framework have?

<p>Three (B)</p> Signup and view all the answers

Which international body plays a significant role in the implementation of the Responsibility to Protect?

<p>United Nations (A)</p> Signup and view all the answers

What has been a notable change regarding the perception of the Responsibility to Protect over time?

<p>International consensus on it has widened and deepened. (B)</p> Signup and view all the answers

What commitment did the UN Security Council and the General Assembly reaffirm regarding the Responsibility to Protect?

<p>To continuously review its implementation (A)</p> Signup and view all the answers

What fundamental issue does the Responsibility to Protect address?

<p>Atrocity crimes such as genocide and ethnic cleansing (B)</p> Signup and view all the answers

What does the second pillar of the Responsibility to Protect emphasize?

<p>International community's role in promoting state responsibility (B)</p> Signup and view all the answers

Which resolution exemplifies the requirement for governments to protect their populations?

<p>Resolution 2014 on Yemen (D)</p> Signup and view all the answers

Flashcards

Law of Peace

The body of rules and principles that govern the conduct of states in times of peace.

Law of Armed Conflict

The body of rules and principles that govern the conduct of states in times of armed conflict.

Jus Ad Bellum (The Law to Engage in War)

The legal framework governing the use of force by states, focusing on when it is legal to go to war.

Jus Post-Bellum (The Law After War)

The legal framework governing the conduct of states during a transition from armed conflict to peace.

Signup and view all the flashcards

International Human Rights Law

International law that aims to protect individuals from human rights violations.

Signup and view all the flashcards

International Criminal Law

International law that prohibits and punishes serious crimes like genocide and crimes against humanity.

Signup and view all the flashcards

Subjects of International Law

States, the Holy See, and the Maltese Order were traditionally the only entities with full rights and obligations in the international legal system.

Signup and view all the flashcards

Sovereign Status

The right of a state to act independently within its territory and to be free from undue interference from other states. It also implies membership in the international community.

Signup and view all the flashcards

Statehood Criteria

The legal status of a state depends on the fulfillment of certain criteria, such as a population, territory, government, and ability to engage in international relations.

Signup and view all the flashcards

Recognition of Statehood

States can choose to recognize other entities as states even if they don't meet all the criteria. This is often driven by political motives.

Signup and view all the flashcards

Sovereignty and Non-Intervention

International law generally restricts interventions in the internal affairs of states, including how they treat their own citizens.

Signup and view all the flashcards

Customary International Law

International law derived from the consistent practice of states and considered legally binding. Countries abide by these rules even without specific treaties.

Signup and view all the flashcards

Treaty Law

The most important source of international law, where countries formally agree to common rules through treaties and agreements.

Signup and view all the flashcards

Judicial Decisions and Scholarly Writings

A source of international law, where courts look at decisions by other courts and scholarly work to interpret and apply rules.

Signup and view all the flashcards

General Principles of Law

The Statute of the International Court of Justice lists this as a source of international law, referring to principles common to most legal systems, like acting in good faith.

Signup and view all the flashcards

Individuals and International Law Historically

International law was historically focused on states and their interactions, leaving individuals without much protection in international law.

Signup and view all the flashcards

Determining Customary Law

The process of deducing legal rules from social practices and subjective beliefs. This can be complex and challenging due to uncertainties about proof and content.

Signup and view all the flashcards

International Treaties

International treaties are agreements between states that contain rules governing their conduct. They codify specific legal obligations and can be used to interpret customary law.

Signup and view all the flashcards

Prohibition of Torture

The prohibition of torture is a fundamental principle of international law. It is enshrined in treaties like the International Covenant on Civil and Political Rights and the Convention against Torture.

Signup and view all the flashcards

Extraterritorial Application

The application of international law beyond the territory of a state. This typically occurs when a state exercises control over events or individuals in another country.

Signup and view all the flashcards

Territorial Applicability

The principle that states are only bound by international law within their own territory and over their own citizens. It is a limitation on the extraterritorial application of international law.

Signup and view all the flashcards

Ratifying a Treaty

The act of formally agreeing to be bound by a treaty. States can be parties to treaties by both signing and ratifying them.

Signup and view all the flashcards

Torture

The use of coercive measures to extract information or confessions from a suspect. Torture violates international law and human rights.

Signup and view all the flashcards

Relevance of International Law

The concept that international law, despite its challenges, is a relevant and impactful force in shaping global affairs.

Signup and view all the flashcards

International Law in Practice

The ongoing debate about the nature and application of international norms, particularly in situations like the 'war on terror'.

Signup and view all the flashcards

Liberal Approach to International Law

The argument that international norms and agreements play a significant role in shaping states' interests and guiding their cooperation.

Signup and view all the flashcards

English School of International Relations

The idea that states, through interaction, naturally create rules and institutions that govern their behavior on the international stage.

Signup and view all the flashcards

Constructivism in International Relations

The study of how social processes, including legal norms, influence actors' identities, behavior and understandings of themselves in the international system.

Signup and view all the flashcards

Social Movement Theory

The study of how social movements, through campaigning and mobilization, create and influence policies, particularly regarding human rights.

Signup and view all the flashcards

Shift in International Law Discourse

The shift in focus from debating whether international law is 'real' law to understanding how it influences international actions and relationships.

Signup and view all the flashcards

Convergence of International Law and IR Theory

The recognition that international law and international relations theory are increasingly intertwined, exploring how norms shape international dynamics.

Signup and view all the flashcards

Responsibility to Protect (R2P)

A principle that emphasizes the responsibility of states to protect their citizens from genocide, war crimes, ethnic cleansing, and crimes against humanity. It also involves international support and intervention when states fail to fulfill their duty.

Signup and view all the flashcards

Primary Responsibility of the State

The first pillar of R2P, where each state is obligated to use appropriate means to safeguard its citizens from serious human rights violations like genocide and crimes against humanity.

Signup and view all the flashcards

International Responsibility to Encourage and Assist

The second pillar of R2P, where the international community actively encourages and assists states in fulfilling their responsibility to protect their people.

Signup and view all the flashcards

International Responsibility to Respond

The third and final pillar of R2P, where the international community, particularly through the United Nations, takes action when a state demonstrably fails to protect its population from genocide, war crimes, ethnic cleansing, and crimes against humanity.

Signup and view all the flashcards

Non-Intervention

The concept that states are generally free from interference in their internal affairs, a key principle in international law.

Signup and view all the flashcards

Commitment to Preventing Atrocity Crimes

A commitment to prevent and address atrocity crimes as grave human wrongs, shared by many states, including those in Southeast Asia.

Signup and view all the flashcards

ASEAN Intergovernmental Commission on Human Rights

The ASEAN Intergovernmental Commission on Human Rights, established to promote and protect human rights within Southeast Asia. It serves as a regional mechanism for addressing human rights concerns.

Signup and view all the flashcards

UN World Summit Outcome Document (2005)

The United Nations World Summit Outcome Document, adopted in 2005, which incorporated the Responsibility to Protect principle. This document reflected the commitment of the international community to protect people from gross violations of human rights.

Signup and view all the flashcards

Tragic Conception of World Politics

A pessimistic view of world politics. It argues that different cultures with unique values are destined to clash with limited cooperation. This perspective emphasizes the role of conflict and downplays the influence of morality in international affairs.

Signup and view all the flashcards

Optimistic and State-Centred Approach

The idea that progress and cooperation are possible in international affairs through voluntary agreements and rules among states.

Signup and view all the flashcards

Rule-Governed International Society

A set of rules and principles that regulate the conduct of states in times of peace. It includes the UN Charter and other international agreements.

Signup and view all the flashcards

UN Charter as the Basis for Cooperation

A central principle of this approach, emphasizing the importance of the UN Charter in governing state behavior and maintaining international peace.

Signup and view all the flashcards

Prohibition on Interference in National Affairs

The principle that states should not interfere in the internal affairs of other states, except under specific conditions authorized by the UN Security Council.

Signup and view all the flashcards

Incremental Expansion of Collective Action

The view that the expansion of collective action to address issues like human protection does not necessarily lead to chaos and disorder.

Signup and view all the flashcards

State Consensus on Moral Principles

The idea that states can reach agreements on shared moral principles, suggesting that international cooperation can be based on shared values.

Signup and view all the flashcards

Benefits Outweigh Risks

This perspective argues that the benefits of collective action and cooperation outweigh the potential risks of disorder.

Signup and view all the flashcards

Study Notes

International Law

  • International law is a significant area of study, often theoretical and historical, drawing on themes explored earlier.
  • Legal norms influence international relations, though interpretations of their relevance and function vary.
  • A hypothetical settlement, lacking centralized governance, demonstrates rudimentary legal systems with shared rules and principles, even without formal 'laws'.
  • Sovereign equality and state sovereignty are crucial pillars of international law, developed over centuries by political and legal thinkers.
  • International legal norms originate from states’ consent, through conventions or established customary practices.
  • International law today encompasses various fields, including interstate interactions, international organisations, non-state actors, human rights, and wartime conduct.

What is International Law?

  • International law is a system of rules and principles that govern the interactions between states.
  • It differs from domestic law as it lacks a central legislative body or a single system of enforcement.
  • The validity of international laws depends on the consent of the states, creating varied applications and interpretations.
  • Customary practices, treaties, and general legal principles play a role in shaping international law.

Contents of International Law

  • International law broadly comprises domestic, regional relations, and international spheres.
  • Domestic law influences the citizens of a specific nation.
  • Regional law, such as European Union law, targets specific geographical regions or legal communities.
  • Public international law deals with state interactions, international organisations, and non-state actors.
  • Private international law governs cross-border legal disputes.

How International Law is Made

  • Bilateral and multilateral treaties constitute the most important concrete sources.
  • These treaties are drafted through negotiations and ratified legally.
  • The International Court of Justice Statute lists sources such as treaties, customary international law, general legal principles, and judicial decisions.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Quiz Team

Related Documents

More Like This

International Law and Human Rights Quiz
14 questions
Understanding Torture and Human Rights
10 questions
Prohibition of Torture Overview
8 questions

Prohibition of Torture Overview

FastGrowingBowenite1951 avatar
FastGrowingBowenite1951
Use Quizgecko on...
Browser
Browser