International Law Study Notes

A state is responsible for the actions of its organs and officials, even if those actions go against orders or instructions, or exceed their authority.

A state is only responsible for the acts of individuals or groups if they are acting on the instructions or under the direction or control of the state.

A state is responsible for the actions of organs or officials that are ‘on loan’ to another state, even if those actions go beyond the normal scope of their duties.

A state cannot avoid responsibility by outsourcing functions that are properly governmental.

The acts of insurrectional movements are generally not attributable to the state.

A state is only considered responsible for the actions of a group if they act in ‘complete dependence on the State’ and are ‘merely an instrument’ of the state.

If an organ is placed by one state at the disposal of another state, the state of origin is still responsible for its actions.

A state is responsible for the acts of a group if that group acts on the instructions or under the control of the state.

A state's authority to prosecute crimes committed against its citizens or interests outside its territory.

A state's right to regulate acts harming its vital interests, even if committed outside its territory.

The principle that any country can prosecute individuals for certain serious crimes, regardless of where the crime took place or the nationality of the perpetrator.

Crimes so severe and harmful that they violate fundamental principles of international law, like genocide or torture.

When multiple states have a legitimate claim to jurisdiction over a crime.

The state holding the suspect will typically exercise jurisdiction over the offense.

Rules attempting to establish guidelines for resolving competing claims of jurisdiction.

Factors considered to determine jurisdiction: connection of the crime to the state, the severity of the crime, and the potential consequences of prosecution.

A country's right to defend itself against another country that has attacked it.

The use of force by one country against another country to rescue its citizens who are in danger, even if they are not in their own country.

A specific set of rules that guide how wars are fought and how people in conflict zones are protected.

A war between two or more countries, regardless of whether it is officially declared or not.

The rules for how military operations should be conducted during wartime.

The argument that a country can use force in self-defense against another country that is threatening its citizens abroad.

The argument that a country can use force in self-defense against another country because it is afraid of a future attack.

Criticism of a country's use of force against another country, arguing that it is not proportional to the threat.

Certain acts do not trigger the responsibility of states under international law, even if they are harmful. These include acts performed in self-defense, or acts authorized by international law.

Peremptory norms are fundamental principles of international law that cannot be violated by any state. They are considered higher than other norms, and states cannot derogate from them.

The consequences of a state's wrongful conduct include the obligation to cease the wrongful act and to provide reparations for the harm caused.

States cannot invoke a breach of international law by another state unless they have been directly harmed. However, in certain cases, such as genocide, any state can invoke the breach because it affects the whole international community.

International organizations, like the UN or EU, can also be held responsible for their wrongful acts under international law.

A wrongful act of an international organization is one that is attributable to the organization. This includes acts performed by its organs, agents, or individuals acting under its direction or control.

The conduct of individuals on loan to an international organization is attributable to the organization if the organization exercises effective control over their conduct.

The conduct of an organ of an international organization is always attributable to the organization, regardless of the position of the organ within the organization.

The superior knew or had reason to know that the criminal act was about to be committed and failed to take the necessary and reasonable measures to prevent it. This concept applies when a superior has a duty to act but fails to do so.

A defense to the accusation of superior's responsibility for failure to act. If the superior did not know the order was unlawful, and the order was not obviously illegal, they may be relieved of responsibility.

The right to a fair trial, including the right to be informed of the charges, the opportunity to challenge them, the right to trial without delay, a public hearing, and the right to be present at trial.

A key legal protection that guarantees defendants the right to remain silent and not testify against themselves in court.

The principle that a person is innocent until proven guilty in a court of law.

Diplomatic immunity is not granted in international courts. If the state did not join the ICC, there might be immunity.

International crimes can be prosecuted by national authorities. Each country has its own laws and procedures for handling such cases.

This concept addresses when an individual may be held responsible for failing to act, specifically in a superior-subordinate relationship where the superior had knowledge of a potential crime and failed to take reasonable measures to prevent it.

Article 38 of the ICJ Statute provides a comprehensive list of the sources of international law.

These sources are used by international courts and tribunals to determine the rules governing international relations.

Refers to international treaties, conventions, and agreements between states.

This refers to the accepted practices and customs among nations.

This includes the general legal principles recognized by civilized nations.

This refers to judicial decisions by international courts and tribunals.

This refers to the writings of respected legal scholars and experts in the field of international law.

Refers to the principle that states are the primary subjects of international law.

This is the legal capacity of entities to be subject to international law

Refers to the power of a state to exercise its laws and jurisdiction within its territory.

This is the power of a state to exercise its laws over individuals and activities within its territory.

This is the power of a state to exercise its laws over its nationals, regardless of where they are located.

This is the power of a state to exercise its laws over crimes committed against its nationals, even if the crime occurred outside of the state's territory.