International Law on Torture
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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</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</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</p> Signup and view all the answers

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

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

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

    <p>Cultural practices</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</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.</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.</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</p> Signup and view all the answers

    What is jus ad bellum concerned with?

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

    Which of the following best describes jus post-bellum?

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

    How has international human rights law influenced humanitarian law?

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

    Which entity was traditionally considered a subject of international law?

    <p>Sovereign states</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.</p> Signup and view all the answers

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

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

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

    <p>Non-intervention</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.</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.</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.</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.</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.</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.</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’.</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.</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.</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.</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.</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.</p> Signup and view all the answers

    Which ethical position privileges individuals over states?

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

    How many pillars does the Responsibility to Protect framework have?

    <p>Three</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</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.</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</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</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</p> Signup and view all the answers

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

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

    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.

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    Description

    This quiz explores the fundamental concepts and challenges in international law concerning torture and customary rules. It assesses understanding of binding customary laws, state sovereignty, and the application of international treaties. Test your knowledge on the complexities faced by international lawyers in these scenarios.

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