international law (1).docx

ppt: introduction to IL ======================= International law (definition) - International law is the system of law that regulates the interrelationships of sovereign states (and other actors) and their rights and duties with regard to one another. - It deals with legal issues of...

ppt: introduction to IL ======================= International law (definition) - International law is the system of law that regulates the interrelationships of sovereign states (and other actors) and their rights and duties with regard to one another. - It deals with legal issues of concern to more than one state. - Global issues are e.g. the climate, human rights, economy, trade, peace, refugees, etc. International PUBLIC law - ≠≠ international private law: norms of national law that contain rules to determine what national law is applicable in a situation in which more the one national legal order is involved - ≠ domestic law - ≠ EU-law: supranational law 2 types of law - Domestic law - International law Domestic law - Private law ( relationship between individuals) - Public law (relationship between the government and individuals) criminals International law - Rules between states that are actually at the same level. - It will try to regulate some global issues (the climate, human rights,..) - International private law is rules that says which law system is applicable in a situation in which more than one national legal order is involved. (car crash) Roles of international law - It ensures that states can co-exist and they can cooperate. 1. IL delineates the competences of states 2. IL regulates the interactions between states 3. IL ensures that states can cooperate Features of international law 1. Horizontal legal system 2. There is no global legislature (world parliament) 3. There is no world court \^ 4. There exists no world police force 5. IL depends largely on domestic law in terms of its implementation 6. IL is very broad very differentiated - Comprises every possible area of law - General IL, and regional IL 7. IL is largely influenced by international politics Explanation 1. Each state is equal/sovereign sovereign = each state takes its own decisions with regard to its territory and population (without coercion from other states or bodies). For example, a state can decide for itself whether or not to accede to a treaty. 2. A state is a legislator and a subject of law. A state is largely bound by the rules of law which it has itself accepted through treaties. There are exceptions to this, e.g. the ius cogens. These are rules of international law which are so fundamental that they have been accepted by the International Community as a whole. These rules are binding on all states. No state can derogate from them. E.g. the prohibition of torture or the prohibition of capital punishment of minors. 3. The International Court of Justice has no mandatory jurisdiction: it will only have jurisdiction if the parties to a dispute accept the Court\'s jurisdiction. Suppose the US has a dispute with China but these countries do not accept the jurisdiction of the Court. In that case, the ICJ will not have jurisdiction to rule on that dispute. This is in contrast to the European Court of Justice and the national courts: they do have compulsory jurisdiction. These courts can in any case deal with a dispute that falls within their jurisdiction, without the parties to the dispute having to accept the jurisdiction of the court first. Suppose you have a dispute with your neighbour because his tree has grown too tall, so that you no longer have any sun on your terrace. If you cannot work it out together, you can go to the justice of the peace who will settle the dispute. Your neighbour cannot say that he does not accept the jurisdiction of this court; this court is competent anyway. 4. There are, however, a number of other ways of enforcing international law: - The [UN Security Council] can, on the basis of Article 7 of the UN Charter, impose enforcement measures on states that threaten or break world peace. The SC can also allow states to use force against a state that is a threat to world peace. This happened for example in 2011 against Libya (Arab Spring). - States can also take the law into their own hands (in contrast to national law where you cannot take the law into your own hands). For example, states can impose economic sanctions on states that have violated international law. This is for example what happened with Russia when it annexed the Crimea to its territory. However, there are limits to this: states may not use armed force. 5. In some countries international law is implemented much better than in others. E.g. international human rights' law 6. IL deals with several topics: world peace, climate, human rights, economics, criminal law 7. The composition of the UN Security Council is influenced by politics: the 5 permanent members of the SC are the winners of WWII. e.g. During the Trump administration, IL suffered a hard time: the US stepped out of the Paris Climate Agreement, the world health organisation etc. The Biden administration has annulled these decisions. ppt: actor states i =================== ##### actors in the international legal system **Subjects of international law** = those to whom the international legal system gives the capacity to have rights and obligations - More concrete: an entity who has legal personality in the international legal system can do the following: - Can sign treaties - Has rights under international law (e.g. human rights or the right to sovereignity) - Has duties under international law - Can bring claims in respect of breaches of international law (e.g. bring a case before the International Court of Justices - Can be held responsible for breaching international law (e.g. before the International Criminal Court). 2 types of personalities - Explanation: Not all international legal subjects can participate in legal transactions in the same way. Some persons have full and others have limited legal personality. 1. **Full legal personalit**y = the subject can take part in all above mentioned legal transactions. E.g. States 2. **Limited legal personality** = the subject has some but not all of these abilities. E.g. Individuals do have rights (human rights) and obligations (not to commit international crimes) under the IL but an individual cannot, e.g. conclude treaties. Actors - States - Until 1945: only states - Full legal personality - Non-state actors - International organisations - Individuals - Multinationals - Restricted legal personality - They get their powers from the states Who are the main actors of international law - Multinationals - International organizations - Individuals (rebel groups,..) states ------ State = a sovereign entity that has: - a defined territory - a permanent population - a government and the capacity to enter into relations with other states ###### defined territory - an area over which the state has effective, legal and exclusive compentences - "Territory" refers to the following elements: - Soil - Subsoil - Inland waters - Territorial sea; belongs to the coast of the country nearby - Airspace above - States can be big or small like a city (Andorra/ Liechtenstein) or Rusia/Brazil/China - Territory must be sufficiently determinable. Borders should not be completely defined. - There still exist quite a lot of border conflicts Examples of border conflicts 1. the Kurile Islands: Dispute between Japan and Russia The Kurils are an archipelago of islands stretching from the north-east of Hokkaido (Japan) to Kamchatka, separating the Sea of Okhotsk from the northern Pacific Ocean. The islands belong to a sub-basin of Russia, but ownership is partly disputed by Japan. 2. the Senkaku Islands The Senkaku Islands are a group of uninhabited islands in the East China Sea. As part of Okinawa Prefecture, the islands are administered by Japan, but the People\'s Republic of China and the Republic of China also lay claim to them. All the islands have both Japanese and Chinese names. 3. Ethiopia - Eritrea 4. India - Pakistan (Kashmir) 5. Borders of Israel were never officially established ###### a permanent population someone has made the territory their home - Must be permanent (not only tourists like Antarctica is not a state bc it doesn't have a permanent population) - No minimum amount of people required (-both densely and sparsely populated areas can form a state. Dichtbevolkte dunbevolkte gebieden kunnen een staat vormen) - Must not necessarily be a homgeneous group - People having the nationality of the state (≠ foreigners) Population explanation - Only persons with the nationality of the state are part of the \"population\": whether someone receives the nationality is determined by a state. There are, however, a number of international rules about this. A state has to make sure that no one becomes stateless (ex by taking away the nationality: losing the nationality may not lead to statelessness. This is why the nationality of returning IS fighters was not systematically taken away.) - In international law, foreigners are not part of the \"population\" of a country. ###### There exists a government with effective powers - [Internal dimension]: the government runs the internal affairs (all state powers are in place: legislative, executive and judicial). - [External dimension:] the government is able to enter into relations with other states and can ensure its compliance with international obigations. It can do this without interference from other states External dimension: demonstrated by sending and receiving diplomatic representatives, concluding international treaties, etc. - Ex. 1: Scotland is not a state because it's part of the united kingdom so it doesn't sign treaties but the UK does. - Ex.2: Greenland belongs to Denmark Palestine and the PLO - The PLO (Palestinian Liberation Organisation -- Yasser Arafat) proclaimed the independence of Palestine in 1988. But the PLO had no control over the area which they claimed. That was largely in the hands of Israel. Therefore Palestine could not be seen as a state. Today, the Palestinian government still does not exercise effective authority over large parts of its territory (cf. the Jewish settlements). Therefore it is not really a state. Nevertheless, it is already recognised as a state by many countries, mainly in the Arab world. Palestine is also an observer member of the UN and has a flag at the UN building since 2015. All states are 1. [Sovereign entities] =a state has exclusive and [independent] power over the population living on its territory. No other state can interfere with this (territorial sovereignty) Ex.. Here we are talking about legal independence, not de facto independence (juridische onafhankelijkheid feitelijke onafhankelijkheid) 2. [Equal] = all states have equal rights and obligations under international law. Equality before the law ≠ political equality Ex. Here we are talking about legal equality, not political equality. (juridische gelijkheid politieke gelijkheid) zo heeft ieder land maar 1 stem maar kunnen ze op politiek vlak wel een grotere impact hebben bv. China vs. België ### creation of a state 4 options 1. Decolonisation 2. Dissolution 3. Unification 4. Secession Decolonisation - 60's decolonisation wave after WOII, 150 states have joined the world - right to self-determination (cultural,..) zelfbeschikkingsrecht - encouraged by the UN.based on the right to self-determination of a population= a population has the right to form its own state with a political system of its choice, to appoint its own heads of government, etc., all without interference from other states. - Today colonies are rare, but still exist As non-self-governing territories (ex. Falkland island, want to stay with the UK(=colony) but has quite a lot of autonomy Dissolution - one state falls apart in 2 or more new states of which none takes the identity of the former state (except if this is agreed upon). - Ex 1. 1991: collapse of the Soviet Union (uiteenvalling) Russia was allowed to succeed the Soviet Union as a member of the UN (also as permanent member in the Security Council). - Ex 2. 1992: collapse of yugoslavia: After the Yugoslav wars (see further), Yugoslavia fell apart into several states - Ex 3. 1993: collapse of Czechoslovakia Czechoslovakia was a republic in Central Europe, created by the collapse of the Danube Monarchy (Austria-Hungary) after the First World War. On 1 January 1993 it was divided (peacefully) into the Czech Republic and Slovakia. Reason: Slovakia's national sentiment. unification (bv. duitse eenmaking) - = 2 or more states form a new state and cease to exist. Sometimes one state is absorbed by another state. 1. The DDR was absorbed by the Federal Republic of Germany (duitse eenmaking) 2. 1964 Tanganyka and Zanzibar merge to form Tanzania 3. 1975, North Vietnam and South Vietnam merged to form Vietnam 4. 1990 North Yemen and South Yemen merged to form Yemen secession (2 options: legal/illegal) - part of the territory secedes (withdraws) from the mother state - If this happens with the consent of the mother state →️ legal. Mostly via treaties - If this happens without the consent of the mother state →️ illegal because this is a breach of the principle of territorial integrity. Exceptionally, it is accepted by the international community. E.g. Kosovo 2008 +-----------------------------------+-----------------------------------+ | Illegal secession | Legal secession | +===================================+===================================+ | 1. Catalonia from Spain | 1. South Sudan from Sudan, 2011 | | | | | 2. Tibet from China | 2. Montenegro from Serbia, 2006 | | | | | 3. Chechnya from Russia | 3. Scottish referendum in 2014 | | | was legal but the Scots voted | | 4. Kurds from Turkey | against secession. | | | | | 5. Crimea from Ukraine | | | | | | 6. Ukraine\'s self-proclaimed | | | \'people\'s republics\' | | | Donetsk and Luhansk (2022: | | | recognised by Russia) | | +-----------------------------------+-----------------------------------+ Very exceptionally kosovo's independence - In very rare cases, the world allows a region to become an independent country even if its mother state doesn\'t agree. Kosovo did this in 2008 when it declared itself separate from Serbia, which Serbia didn\'t like. However, many countries, including Belgium, recognize Kosovo as its own country. In 2010, the International Court of Justice said this declaration was okay under international law. Most people in Kosovo are Albanian and had a tough time under Serbian rule. But even though it\'s a recognized country, Kosovo is not yet part of the United Nations. Attention - NOT allowed: conquest of states (by violence/war) verovering van staten This was allowed in the past (colonisation) ppt: actor states II ==================== ### states [How to judge claims of "new states"?] *What about Taiwan, Catalonia, Northern Cyprus etc?* - three constituent elements of statehood are in place - other elements need to be taken into consideration - The creation of the new state must be legal - the recognition by other states - the right to self-determination The question of whether a new state comes into being is assessed primarily on the basis of the three constitutive elements discussed above. Other important factors are legality (the creation of a new state must not violate the rules of IL), the principle of self-determination and the recognition by other states ##### Legality = a new state may not be created in a way that breaches international law Explanation - Conquering a territory by force is an example of a violation of international law. Therefore, conquest will not lead to the creation of a new state. Northern Cyprus - Turkey invaded Northern Cyprus in 1974. The Turkish Republic of Northern Cyprus was proclaimed in 1983 but has only been recongnized by Turkey. - The international community sees the whole island as "Cyprs", as belonging to the EU (since 2004). Turkish Cypriots who have, or are eligible for, EU travel documents are EU citizens. - EU law is suspended in areas where the Cypriot government does not exercise effective control. other examples - Crimea 2014 - Current war Ukraine vs. Rusia - Islamic state: The Caliphate that IS was establishing in 2015-2016 is another example of a conquest that could never have lead to the legal formation of a new state. ##### Recognition by other states = is a unilateral political act whereby a state acknowledges the status of a new state as member of the international community - Can be individual or collective - Can be explicitly or implicitly - Political process - As such the recognition is not required for the creation of a new state but is is important in practice. [Individual/collective] - Individual recognition is the recognition of a state by antother state: e.g. Sweden recognizes Palestine as a state - Collective recognition is the recognition of a state by a group of states (ex: the EU recognizes the Republic of South Sudan as a new state) [Explicitly/implicitly] - Explicit recognition is done by a unilateral act of the government (usually the Ministry of Foreign Affairs) which shows that it recognises a state as a member of the international community. (ex. a declaration or document in which a state says that you recognizes another state.) - Implicit recognition is not done by explicitly saying that you recognise a state but by acting in accordance with it, ex. by concluding treaties with that state or establishing diplomatic relations with it. Own words: Implicit: you are not sending letters, you are just sending diplomates to a country, so If you send diplomates to a country you kind of recognize it. [Political process: ] - States can decide not to recognise a state for political reasons, even if it functions fully in the international legal order. - For example, the Netherlands did not recognise the DDR for 25 years. It was only in 1973 that it recognised it. - Conversely, states can, for political reasons, decide to recognise another state before the criteria have been met. Ex, Kosovo was recognised by several countries at a time when it could barely function independently. [Not required but important in practice] - Recognition is not required to form a new state but it is important in practice. Without recognition, a state cannot conclude treaties, send out diplomats, etc. Cf. the Turkish Republic of Northern Cyprus: is only recognised by Turkey and therefore its effectiveness is considerably reduced. Taiwan (ROC) - Taiwan is officially called the Republic of China (ROC). It is de facto an independent state BUT is not recognized by most other states, especially not by the Peoples' Republic of China (official China of Xi Jinping). The PRC considers Taiwan to be part of it and says it has control over Taiwan. - The ROC is no longer a member of the UN, having been replaced by the PRC in 1971. Taiwan is claimed by the PRC, which refuses diplomatic relations with countries that recognise the ROC. Taiwan maintains official diplomatic relations with 14 out of 193 UN member states. Many countries maintain unofficial ties with Taiwan through representative offices and institutions that function as de facto embassies and consulates. ### Right to self-determination - the right of a people to freely determine their political status and pusue their economic, social and cultural development, without the interference from other states. - Self-determination can be a reason for creating a new state = right to external self-determination: a people secedes from the mother state. - BUT: the right to external self-determination is not general! IL only recognizes it for colonised people or people that are oppressed. Examples - Palestine: Since 1967, Israel has occupied territory that previously belonged to the Palestinian territories. The Palestinian population is entitled to self-determination, which can lead to the independent state of Palestine, since they are suppressed. - Kosovo: The right to external self-determination was recognized because the Albanian population was suppressed by the Serbian regime. - Although it has to be said that in both cases this remains **controversial**. Not the whole international community accepts this reasoning. ppt: actors international organizations i ========================================= ### international organizations =an association of two or more States which are pursuing a common objective and have their own organs. Constituents (onderdelen) - Association (work together) - Usually established by treaty to provide legal personality - Pursuit of common goals - With its own bodies Own explanation - an association of two or more states which are pursuing a common objective and have their own organs. states who want the same thing (goals) and that's why they group. They sign a treaty and they want to create a separate person who is going to have it's own wallet/ money. It can also make it's own decisions and for making decisions you need organs The decisions can be binding or not binding (ex. South Africa and the apartheid) Common goals (possibilities) - Peace (human role) - Human rights protection and democratisation - Military protection - Economy and trade [Main international organisations] - The united nations (UN) - Council of Europe (CoE) - Organisation for Security and Cooperation in Europe (OSCE) - North Atlantic Treaty Organisation (NATO) - Organisation for Economic Co-operation and Development (OECD) - Benelux - African union Establishment - Mostly by founding treaty: creates legal personality - For example: - the UN and the Council of Europe were established by treaty: the UN by the UN Charter and the Council of Europe by the Statute of the Council of Europe. - If an IO has legal personality, it can act in its own capacity, independently of its Member States. Membership - States can become members, but sometimes other IOs as well - Founding members sign the Treaty of Establishment - Afterwards other members can join - There are open and closed organisations Who can become a member and how to become a member is determined by the founding treaty. - In the UN, new members are admitted by decision of the GA (2/3 majority of those present vote in favour), after recommendation of the SC. The SC has great power here. The veto of one permanent member can hinder the admission of a new member. Recent information about the UN - Last state that joined the UN was South Soudan (2011). - The recognition of Palestine as a full UN member is blocked by the USA, France and the UK. They are of the opinion that the conflict between Israel and Palestine needs to be resolved first. Financing - Mostly through members\' contributions - Within the UN, Belgium pays 0.99 %, the Netherlands 1.48% while the US pays 22 %. Some developing countries pay a minimum contribution of 0,001%. Powers - The states assign the powers. 3 types Bodies 1. that consist of *members*: these are the most important bodies; determine the policy, e.g. the general assembly of the UN 2. Bodies representing the *populations* of the members, e.g. European Parliament 3. *Independent bodies*: - Secretariats: support the work of the organisation. Usually headed by a secretary general (administration) - Tribunals: competent to settle disputes between their members (courts) Different groups - Group 1 : The United Nations (UN) - Group 2: Council of Europe (CoE) - Group 3: Organisation for Security and Cooperation in Europe (OSCE) - Group 4: North Atlantic Treaty Organisation (NATO) - Group 5: Organisation for Economic Co-operation and Development (OECD) - Group 6: African union PPT: INTERNATIONAL ORGANISATIONS II =================================== #### THE UNITED NATIONS - Founded in 1945 - Principal global organization; headquarters NY - 193 member states - Establishing treaty = Charter of the United Nations - Targets: - Principal: protection of international peace and security - Also active in the socio-economic field: poverty reduction, health care, protection of human rights. The UN also has various seats in other places, including Geneva (human rights organisations), Vienna and The Hague (International Court of Justice). Palestine, Kosovo and Taiwan are not members of the UN. New members are nominated by the UN SC (with veto power) and approved by the GA (rather a formality). Palestine and the Holy See have an observer status with the UN. [Main organs:] - General Assembly (GA) - Security Council (SC) - Economic and Social Council (ECOSOC) - UN Secretariat - International Court of Justice (ICJ) #### General Assembly (UNGA) - All UN Member States on an equal footing - Political body, not a world parliament - Adopts many non-binding resolutions annually - Has set up various programmes and funds: e.g. Unicef, UNHCR, OHCHR The GA is [not a \"world legislature]\" because the resolutions it adopts are not binding. The GA is [a political body]: it provides a forum for discussions and political decision-making on issues such as climate, refugees, health, etc. The GA meets [annually] in a session that usually starts in the third week of September and consists of several meetings that can last until December. Various world [topics] are discussed. In 2019, for example, a huge amount of attention was paid to the climate issue. #### Security Council - 15 members - 5 permanent with veto right! - Other ten members rotate - Task: To maintain international peace and security. To this end, can take binding measures - Can take the initiative for peacekeeping operations The 5 [permanent members] are France, the United Kingdom, China, Russia and the United States. These are the winners of the Second World War. Belgium was a [routing member] for the sixth time in 2019-2020. During its presidency, Belgium has put the following themes on the agenda: children in armed conflicts (including child soldiers) and the fight against terrorism. King Philippe addressed the SC in February 2020. The functioning of the security council is often [criticized] today because: 1. The right of veto is used too often, so that certain serious conflicts cannot be dealt with satisfactorily 2. The permanent members are still the same as in 1945 and no longer reflect the current balance of power. States such as Japan, Brazil, Germany, India, Nigeria and South Africa are striving for a more balanced composition that better reflects the current power relations. Nevertheless, the SC [remains] an [important] instrument in international politics/law. It is the only political body that can impose binding decisions on states to keep the peace. The SC has also made [progress]. Disregard for human rights and climate change are now seen as \"threats to peace and security\" so that the SC can also act in these cases. This was not the case 15 years ago. Without the Security Council, the world situation would be even worse. In the time of the Leagues of Nations (= the predecessor of the UN, established after the First World War), there was no body that could impose coercive measures on the states. The Second World War could not be prevented. So it is important that a body exists that can restrain states (e.g. in September 2020, the SC asked Azerbaijan and Armenia to stop their conflict). It is certainly not perfect but as a former UN Secretary General Hammerskjöld once said: \"The UN are not established to create heaven but are established to prevent us from ending up in hell\". #### Economic and Social Council (ECOSOC) - 54 members - Task: To promote cooperation on, inter alia, social and cultural policies. #### UN Secretariat: - headed by the Secretary-General Antonio Guterres - Headquarters in New York Head of UN administration + political task (point at problems in the world and mediate between states in conflict). [Specialized agencies of the UN:] - Independent agencies. Link with UN through agreements with ECOSOC Examples: - World Health Organisation (WHO) - Food and Agriculture Organisation (FAO) - International Labour Organisation (ILO) - International Monetary Fund (IMF) - World Bank Group #### European Union - Founded in 1949 (older than the EU) - Based in Strasbourg - 46 members (larger than the EU. Inlcudes e.g. Turkey and Georgia) - Objectives: to protect democratic security in Europe: human rights, democracy and the rule of law - How? - Treaties (human rights, environment, criminal law) - Case law : ECHR No military task! This task has been left to NATO and the EU. The [ECHR] (European Court of Human Rights) offers an important protection in the field of human rights. Individuals can go to this court if they believe that their state does not respect their human rights and they have failed before the national courts. #### African Union - Founded in 2001, as the successor of the Organisation of African Unity (1960). - 55 member states: all UN member states of the African continent as well as the disputed Saharawi Arab Democratic Republic. - Main objectives: - Promoting unity, solidarity and cooperation amongst African states - Safeguarding national sovereignty and territorial integrity - Promoting international cooperation with non-African countries - Headquarters: Addis Abeba - Important documents: the African Charter on Human and Peoples' Rights of 1981 (+ Court) + Free trade agreement (2018). #### Organisation for Security and Cooperation in Europe (OSCE) - Founded in 1994 - No legal personality - Located in Vienna - 57 members (including Canada and the USA) - Objectives: security monitoring, crisis management, post-conflict reconstruction of states The OSCE grew out of the Conference on Security and Cooperation in Europe. It provided a forum for political dialogue between the Soviet Union and the United States. In 1990, the CSCE [brought an end to the Cold War.] In 1994, the CSCE was transformed into the OSCE and its tasks were broadened. The OSCE mainly focuses on crisis management and reconstruction of states after conflicts. How does it do this? Via - Election observation missions - Providing training to local police in countries that need to be rebuilt (e.g. in Bosnia, Kosovo and Georgia after the wars) - Advice on writing a constitution and installing democracy The OSCE also recently (late 2020) played a role in the mediation between Azerbaijan and Armenia in the Nagorno-Karabakh conflict.  #### North Atlantic Treaty Organisation (NATO) - Founded in 1949 - Located in Brussels - 31 members (2023: Finland) Objectives: military alliance. Collective self-defence organisation: an attack on one of its members is considered as an attack on all members; and each member will assist the attacked party(ies). (art. 5) At the head of NATO is the Norwegian Jens Stoltenberg. He is secretary general. **Secretary**: he serves the members, runs the organization and carries out what the countries decide. As **general**, he launches his ideas and is a public figure defending his policies. Sweden and Ukraine applied to become a NATO member [Collective self-defence] was invoked in response to 9/11: the US had been attacked and this was seen as an attack on all NATO member states, which then assisted the US in its war against the Taliban. NATO members: 30 At present, NATO has 29 members. In 1949, there were 12 founding members of the Alliance: Belgium, Canada, Denmark, France, Iceland, Italy, Luxembourg, the Netherlands, Norway, Portugal, the United Kingdom and the United States. The other member countries are: Greece and Turkey (1952), Germany (1955), Spain (1982), the Czech Republic, Hungary and Poland (1999), Bulgaria, Estonia, Latvia, Lithuania, Romania, Slovakia, Slovenia (2004), Albania and Croatia (2009), and Montenegro (2017), North Macedonia (2020), Finland (2023). The most recent accession country in northern Macedonia. NATO has a number of [internal prob]lems: 1. There is an imbalance in terms of investment: The greatest pressure is on the US. They have the most important army. So the US is actually responsible for the defense of Europe. According to the USA other NATO members (EU and others) should drastically increase their defense budgets and the balance should be restored. 2. Some NATO countries break the rules, take unilateral actions and therefore do not appear to be reliable partners. 3. Some members are becoming more obstinate and are questioning multinationalism. 1\. The Americans are right that most countries need to spend more on defense. The member states have therefore made a political commitment to spend 2% of their budget on defense by 2024. In 2021, 2/3 of the member states did NOT meet this target. 2\. E.g. Turkey invaded Syria at the end of 2019 without NATO\'s consent. E.g. Trump as well as Biden unilaterally decided to recall its troops in Afghanistan. No other NATO member knew about this. 3\. E.g. Trump only thinks of his own problems and even threatened to leave NATO. Turkey is also stubborn. The same applies to Hungary and Poland (cf. their attitude within the EU). The member states have therefore made a political commitment to spend 2% of their budget on defense by 2024. In 2021, 2/3 of the member states did NOT meet this target. In 2021, Belgium spent 1,07% on defence forces only. #### Organisation for Economic Cooperation and Development (OECD) - The OEEC was founded in 1948 and reformed in the OECD in1960 - Located in Paris - 38 members (incl. USA and Canada) - Think tank to reflect on economic and social policies - This results in studies, statistics and recommendations to the Member States on taxation, education, environment, technology, energy, etc. The creation of the OEEC (Organisation of European Economic Cooperation) was made a condition by the United States for providing aid to Europe as part of the reconstruction after the Second World War (the Marschall Plan that ensured over USD 10 billion came to Europe for reconstruction). In fact, the Americans wanted a supranational body to be set up, but the time was not yet ripe for this. The OEES gave a weak interpretation of European unification. Today\'s OECD pursues largely the same objectives as the EU (sustainable growth of the economy, increase in prosperity, etc.). Examples of Recommendations: - 2015 recommendation to Belgium to spend more money on primary education to eliminate inequality. - In 2020, Belgium received a recommendation from the OECD to impose a road tax (the more you drive your car, the more taxes you pay) and to lower the tax on labour. OECD members: 38 - Dark blue: founding member states - Light Blue: other member states A map of the world Description automatically generated #### Benelux - The Benelux was founded in 1958 by treaty (but the impetus was already given in 1944) - Originally set up to remove border barriers - Currently only limited role in a number of areas, e.g. harmonisation of legislation, facilitate cross-border cooperation (e.g. police: officers and equipment may be exchanged) - It is also still important to strengthen the position of these three countries on the international stage. - Headquarters: Brussels Some of the EU\'s cooperative arrangements are based on the Benelux system. For example, the Schengen system. Put the correct letter in the right column ------------------------------------------ **NATO**  End of cold war ----------------------- ------------------------ **OECD**  Research reports **Council of Europe**  Court of human rights **OSCE**  Military organisation ppt: actors other ================= #### individuals - After WOII individuals became subjects of international law - They have rights and obligations under international law (international human rights). Sometimes they can also enforce the implementation of their rights before an international court (ex. ECHR) - Individuals can be held responsible before an international court in case they committed an international crime (ICC). #### multinationals = a private corporation that is active in several countries - Important international player, often have more power than states - Multinationals can easily leave a country that e.g. taxes too much or imposes too many regulations. ex. Shell left the Netherlands for the UK. - In the last decades they got some limited legal personality in internatonal law : - They have rights under **investment-protection treaties** made between states and can enforce those right by means of international arbitration. - Very often adopted international rules in their **internal codes** (e.g. codes of conduct -- respect for human rights). - They cannot: - Make treaties - Internationally be held responsible before an international court **investment protection treaties** - These stipulate that a state in which investments are made is obliged to offer protection to foreign companies, not to discriminate against them and to pay compensation in the event of expropriation. Although these obligations are contained in treaties between states, companies can derive rights directly from these treaties and can invoke them before an international tribunal (such as the International Centre for Settlement of Investment Disputes) in proceedings against a state. International codes - Ex. HEMA\'s company code states that HEMA\'s franchisees, business partners and suppliers must comply with international human rights. If a supplier violates these rules by, for example, using child labour, HEMA can terminate the partnership with immediate effect Important for them - Equal treatments - Expropriation: that can only happen by human/economy? interest and you have to pay people (a fair compensation) They cannot - Make treaties - Internationally be held responsible before an international court PPT: sources ============ - [Main] sources: - Treaties - Custom - Decision of international organsiations - There is no world parliament (universal legsilature). The states make their own rules. treaties -------- Treaty = a **contract** signed between two or more international subjects with treaty-making capacity and governed by **international law**. - Contract: a legal agreement/ no mere political agreement Several kinds of treaties - Bilateral treaties ↔ Multilateral treaties - Closed treaties ↔ Open treaties - Treaties concluded within an IO ↔ treaties concludes outside an IO - Constituant treaties Note - States can make reservations = unilateral statements whereby a state may declare not to be bound by one or more provisions of a treaty. - A treaty is binding. "Pacta sunt servanda" Conclusions of a treaty customary law ------------- Definition: "The way things always have been done becomes the way things *must* be done" International customary law arises when a particular way of behaving is: 1. followed as a general practice among states (*objective* element) 2. accepted by those states as legally binding (*subjective* element -opinio juris) - customary law binds *all* states, unless a state persistenly objects examples customary law - Prohibition of use of force - The fact that treaties must be ratified - No nation may claim ownership of outer space. No customary law: - The custom to hang a flag half-staff when the head of state of another country died - The custom of alphabetical ranking of states at international conferences - The acceptance of torture Jus Cogens = certain fundamental, overriding principles of international law, from which no derogation is ever permitted. - the prohibition of death penalty for juvenile offenders - the prohibition of genocide - the prohibition of torture decisions of international organisations (IO) --------------------------------------------- 2 kinds - binding - non- binding pro: states can leave some lawmaking to IOs contra: states can no longer deal with some issues themselves ppt: resolutions ================ Diplomatics means ----------------- - parties themselves - Definition: methods by which States try to reach a mutually acceptable solution to a conflict between them, through negotiation, with or without the involvement of a third party. - FEATURES: Parties agree with the solution. The solution is not imposed by a 3rd party. - They negotiate (no 3^rd^ party involved) Sometimes they need a 3^rd^ party who will help them because the conflict was too big - Active role: mediation - Passive role: god offices Jurisdictional means - 3^rd^ party decides #### Negotiations - Discussions between the parties having a conflict with a view to settle the dispute - Is the most efficient way to resolve a conflict - Do not involve a third party - They very often fail: (usa vs. north-korea) - Condition: only useful if the case is not lost from the start, if parties are willing to talk and find resolutions - Some treaties impose this as a first means of conflict resolution #### Good offices - a third party offers its services to remedy a communication failure between States in dispute. - passive role - The Secretary-General of the UN often carries out good offices. Antonio Guterres for instance did in the conflict over Cyprus (between Greece and Turkey) and the conflict over Kashmir (between India and Pakistan) #### Mediation - You give some proposals - A third party is actively involved in a conflict resolution (=active role) - Examples - In 2019 the USA acted as a mediator in a conflict between Ethiopia and Egypt over a dam. - Since decades, the USA tries to mediate in the conflict between Israel and Palestine (on the picture: Bill Clinton tries to mediate between Yasser Arafat and Minister-president of Israel Barak) - Mogherini, the EU High Representative for Foreign Affairs (till 2018) was mediator in the nuclear deal between the international community and Iran. The deal was signed and Iran agreed to reduce its nuclear programme if the international sanctions would stop. Trump stepped out of the deal in 2018 because Iran did not comply with it. #### enquiry - a third party (usually fact-finding commission) is asked to investigate the facts underlying the dispute and to report on them. - Once it is clear what exactly happened, negotiations can be reopened. - Ex. UN investigation on the attack on ex-Prime Minister of Lebanon Hariri. He died in a bomb attack in 2005. He was prime minister of Lebanon. This lead to a conflict between Lebanon and Syria. Before dealing with the conflict, the UN stressed that research was necessary on what happende exactly (the facts of the case). - Ex. In response to persistent allegations of chemical weapon attacks in Syria, the OPCW Fact Finding Mission (FFM) was set up in 2014 "to establish facts surrounding allegations of the use of toxic chemicals, reportedly chlorine, for hostile purposes in the Syrian Arab Republic. What is the most efficient means to resolve an international conflict**?** negotiation What is the main difference between mediation and good offices? - mediation: a more active role, it also propose a solution - Mediation involves a neutral third party helping conflicting parties reach a voluntary agreement, while good offices focus on a mediator offering suggestions and facilitating communication without a formal role in resolution. Even in the case where the mediation has nice proposals the diplomatic still choose if they want that resolution or not Jurisdictional means -------------------- = FEATURE: The parties acknowledge in advance the binding nature of the decisions imposed by a third party. 2 types of jurisdictional means 1. Arbitration 2. Settlement of disputes by a court - International Court of Justice (ICJ) #### arbitration = dispute resolution by a third party, chosen by the parties and granted the power to make a binding decision on the basis of law. Features - Parties can exercise a far-reaching degree of control over the composition, competences and procedure of a tribunal - Not permanent (especially created for the purpose of conflict) The most important & first one: Permanent Court of Arbitration - 1899 - The Hague (Peace Palace) - ≠ court but list of names and administrative support - ≠ permanent - Ex. dispute between Belgium and the Netherlands regarding a railway. Resolved by international arbitration. Conflict between Belgium and the Netherlands - The conflict involved an old railway connecting Belgium, the Netherlands, and Germany. Belgium wanted to reopen it, but the Netherlands opposed, citing environmental concerns. However, economic interests, specifically the Port of Rotterdam\'s competition with the Port of Antwerp, likely played a role. An arbitration tribunal ruled in favor of Belgium in 2005, but the railway remains closed due to financial reasons. Ongoing negotiations involve Germany\'s support for reopening the railway. #### settlement of disputes by a court International court of Justice (ICJ) - 1946 - One of the main bodies of the UN (Articles 92-96 Charter) - The Hague, Peace Palace - Predecessor: Permanent Court of International Justice - All UN members are ipso facto parties to the ICJ Statute all the UN member states can go but they don't have to if they don't want to because it's not a domestic court Has the [most general jurisdiction] of all international tribunals: - All kinds of cases: border disputes, environmental issues, human rights issues, etc. - Open to all UN members (193 members) Note - the amount of cases that has been brought before the Court is not enormous (about 180 in total). This is because the ICJ does not have universal jurisdiction. Powerful countries, like China and Russia have never brought a case before the Court. The USA has brought some cases before the Court but tries to avoid being sued before the Court. - As individual you are not welcome there Examples of countries that went to the ICJ - Bolivia, after losing land to Chile in the War of the Pacific, has been seeking a sovereign sea access through negotiations. In 2013, they brought the dispute to the International Court of Justice, but the court ruled in favor of Chile. The court\'s decision was not about the disputed coastal stretch\'s ownership but whether Chile was obliged to negotiate with Bolivia. The court found that Chile was not obligated to negotiate, with a vote of 12 to 3.. The 2 tasks of the ICJ 1. Dispute settlement between States: 2. Advisory proceedings Dispute settlement between States (main task) - Jurisdiction only over disputes between [States] (individuals cannot seize the court!) - States must have recognised the jurisdiction of the ICJ (no compulsory jurisdiction) - No appeal possible Advisory proceedings - = issuing opinions at the request of, in particular, the UN General Assembly and the UN Security Council. - Ex. Legal consequences of the Construction of a wall in the occupied Palestinian territory Two key differences between international arbitration and the International Court of Justice (ICJ) are: 1. [Decision-Making Authority] = In international arbitration, parties select arbitrators, and the decision is often binding, offering more control to the parties. The ICJ, on the other hand, is a permanent judicial body with elected judges, and its judgments are binding on the states involved. 2. [Scope of Case]: International arbitration covers various disputes, including commercial, investment, and public international law cases. The ICJ primarily deals with state-to-state disputes and public international law matters. Is the ICJ a UN body? Yes Where is it seated? In the Hague Can the ICJ try individuals who committed an international crime? NO Unilateral measures by states ----------------------------- = a state takes unilateral measures to induce another state to fulfil its obligations You have 2 types of reactions - A retortion, it's lawful - Reprisal: It's against the international law but you are allowed to react this way because the other state already breached the international law. #### retortions - Reactions from states to a state that breached international law but they do it lawful - Definition: is an act perpetrated by one nation upon another in retaliation for a similar act perpetrated by the other nation. The act as such is not IL and therefore lawful. - Examples of actions - Termination of diplomatic relations sending diplomats back home - Suspension of development cooperation - Ex. Belgium suspended its development cooperation with burundi - Strengthening the conditions for granting visa to nationals of the other State - Ex. Uyghur and Hong Kong - Boycotts of products originating in the other State (except if member of WTO) What happened with the uyghur population? - China is facing allegations of committing crimes against humanity and possibly genocide against the Uyghur population and other predominantly Muslim ethnic groups in Xinjiang. Human rights organizations claim that China has forcibly detained over a million Uyghurs in \"re-education camps\" and sentenced hundreds of thousands to prison. There is also evidence of forced labor, forced sterilization of women, and reports of torture and sexual abuse. Several countries, including the United States, have accused China of genocide in Xinjiang, with leading human rights groups such as Amnesty International and Human Rights Watch publishing reports alleging crimes against humanity. China, however, denies all allegations and justifies the existence of these camps as a measure to combat separatism and extremism in the region. What about Hong Kong? - China agreed to grant Hong Kong significant political autonomy for 50 years under the \"one country, two systems\" framework before the British government handed over the territory in 1997. However, in recent years, Beijing has tightened its control over Hong Kong, triggering large-scale protests and international condemnation, including allegations of human rights violations. In 2020, Beijing imposed a national security law that grants extensive powers to suppress critics and stifle dissent, potentially leading to significant changes in the lives of Hong Kong residents. #### reprisals - = a limited and deliberate violation of international law to punish another sovereign state that has already broken them. - In other words: It's not lawful but it becomes lawfull because the other state breached the international law - Some reprisals are forbidden: e.g. use of armed force, countermeasures that violate human rights - Examples: - Freezing of foreign assets - Blocking the property/assets of people connected to the regime of Lukashenko in Belarus - Boycotts of products originating in the other State (if member of WTO - EU economic sanctions against Russia following the annexation of the Crimea. - Closing airways: - USA, the EU, other European countries and Canada have closed their airways to Russian flights as a reaction to its invasion in the Ukraine.  4-5 UNSC steps in ----------------- 4 Pacific Settlement of Disputes by the UNSC -------------------------------------------- Step 1-2-3 1. Non-binding recommendations 2. Non-violent coercive measures 3. Use authorities Step 1: Non-binding recommendations, - adopted by the UNSC (Ch. VI (art. 34-38) UN Charter) - = the SC can investigate disputes and if it is established that these disputes endanger peace and security, the UNSC can make recommendations. - These are not binding; the consent of the States concerned is required. - Ex. In the context of the Palestinian-Israeli conflict, the UNSC made a series of non-binding recommendations - Ex. Russia vetoed a UN Security Council resolution that would have demanded that Moscow immediately stop its attack on Ukraine and withdraw all troops Step2: coercive measures - = Article 41 of the UN Charter allows the Security Council to order States to take measures that do not involve military force in order to maintain or re-establish international peace and security. - Binding - Condition: international peace and security is threatened - Usually directed against a state. But sometimes \"**[smart sanctions]**\" (or targeted sanctions) are also taken, more specifically targeted at individuals or regimes so that the innocent population is not affected. - Example (Article 41 contains a non-exhaustive List): - total or partial disconnection of economic relations - Total or partial interruption of diplomatic relations - arms embargo - UN sanctions against South Africa during the apartheid regime - UN sanctions against Irak in 1990 What happened with South Africa - United Nations Security Council Resolution 418, adopted unanimously on 4 November 1977, imposed a mandatory arms embargo against South Africa. Irak in 1900 - In United Nations Security Council resolution 661, adopted on 6 August 1990, the Council took steps to implement international sanctions on Iraq. - The Council therefore decided that states should prevent: - the import of all products and commodities originating in Iraq or Kuwait; - the sale of weapons or other military equipment to Iraq and Kuwait, excluding humanitarian aid; - the availability of funds or other financial or economic resources to either country, or to any commercial, industrial or public utility operating within them, except for medical or humanitarian purposes, etc. Use of armed force ------------------ In Principle: - Prohibition of the use of force /violence: Since the Second World War, the protection of peace and security has been one of the main tasks of international law. One of the main rules in international law to achieve this goal is the prohibition of the use of armed force. - IOs are also not allowed to use force without UN SC authorisation: NATO, for example, cannot just decide to use armed force. In 1999, NATO bombed Kosovo because it wanted to protect the population from Serbian terror. This happened without the permission of the UN SC and was therefore illegal - [Legal basis:] - Article 2(4) UN Charter - Customary law - Jus Cogens - Is applicable between states but also applies to international organisations - [Violence against what/whom? ] - Against the territory of a State - Turkey invaded Syria in 2019. Iraq invaded Kuwait in 1990. Russia is invading Ukraine at the very moment. Those invasions are against international law. - Against organs or property of one State in another State - against embassies. In 1979, the US embassy in Iran was attacked by Iranian students and the Iranian government did not do enough to protect the embassy - [Not applicable ] - Within a state - In 2020 there was a problem in Ethiopia. An area in the north (Tigray) wanted to secede from Ethiopia. In this case the international rule that prohibits violence does not apply. There is a double reason for that: a people that is oppressed by a dictator must have the possibility to free itself from that dictator, also by force. On the other hand, a government must be able to resist militias that want to overthrow them. If one violates human rights in the process (as was the case in Tigray) then IL is violated. - If the state consents - 2016: USA and some other states go to Iraq to wipe ISIS off the map by force. Iraq agreed to this. **[Exceptions!! ]** Collective security= use of force is only allowed if the UNSC allows it. 1. Self-defence 2. Use of armed force after based on a decision of the UNSC #### Self defence - a State that is the victim of an armed attack under Article 51 of the UN Charter has the right to self-defence and, in derogation from Article 2(4) of the UN Charter, may use force - only situation in which unilateral violence is permitted - customary law - The UNSC must be warned immediately. It will then decide whether the right to self-defence is permitted. - Ex. self-defence was invoked by the USA when they were attacked in 2001 (9/11) by Al Qaeda (whose leader at the time was Bin Laden). The US reacted by declaring war on Afghanistan from where the Taliban operated and where the attacks were prepared. Collective self defence - the use of force by one or more States to assist a State against which an armed attack has been carried out. - NATO: Art. 5 NATO Treaty: an attack against one or more of its members is considered as an attack against all of them. Each member will assist the attacked party. - Collective self-defence is not to be confused with collective security (only one body can decide whether to use force in the world). Article 5 - It was invoked only once: by the USA when they were attacked by Al Quaeda in 2001 (9/11). As a result, the USA was joined in its war against Afghanistan by the UK, France and the Netherlands. - The main purpose of article 5 is to reach a political statement "we feel all attacked". After that it is up to the member states to take an individual decision on whether and how they will assist. This can be by sending troops, sending planes, giving humanitarian assistance, diplomatic assistance, etc. - The decision of the UK, France and the Netherlands to join the USA in its war in Afghanistan were national decisions. - Art. 5 cannot be invoked by Ukraine because it is not a NATO state. The NATO also decided not to intervene because this would mean a war in Europe and NATO can only intervene in case the UNSC gave permission (which will always be blocked by Russia) OR in case of collective self-defence. #### Use of armed force after based on a decision of the UNSC - the UNSC can respond to a threat to international peace and security by military means - Condition: international peace and security is threatened - UN has no troops - Therefore, the UNSC delegates the power to use force to states/regional organisations to put an end to the threat to peace and security. - When the Security Council authorises military action, it writes in its resolutions that \"all necessary measures\" are authorised. This is usually a final step after previous resolutions where it has first imposed non-binding and then binding measures without the use of force. - The UNSC must give the authorisation explicitly: Member States may take \"all necessary measures\" to achieve a set objective. - Ex. Resolution: Liberation of Kuwait/ Resolution: authorisation of military action in Libya - Command rests with the most powerful state participating in the military operation, not with the UN Command: usually with the US or NATO - Financing is done by the participating states, not by the UN budget - Final authority and responsibility: UNSC SC has last word: can say at any time that it must stop the violence, that it is no longer justified. - The goal of a military operation can be: - ending an invasion by another state (Iraq - Kuwait) - to ensure a stable environment within a State which makes it possible to provide humanitarian aid to the population or to protect the civilian population (Libya) - Authorisation ≠ obligation When SC says that states MAY use force they are NOT OBLIGED to do so. States decide for themselves whether they want to use their army and money in a war. 2011-Arab Spring - This was the uprising of anti-kadhafi groups. Kadhafi was the Libyan dictator guilty of massive human rights violations (including executions and torture of his political opponents). People revolted against this in 2011. - The UN responded with several resolutions: 1. it imposed a ban on arms exports to this country. 2. it imposed a flight ban to and from Libya. 3. None of these sanctions helped, so the SC finally allowed violence: states were authorised to use force against that country. NATO then took command (because UN has no troops and has to delegate). Belgium was also in the coalition. There was fighting between March and October. Kuwait captured by Iraq (1990): The SC gave permission to occupy this country. Here there was US command. Here too, they first tried imposing economic sanctions. Examples of use of armed force where IL was violated: - The second Gulf War (2003) was illegal because it was not authorised by the SC. The US and UK started a war in Iraq in 2003 because they thought Sadam Hussein had weapons of mass destruction. They justified the war on the basis of self-defence (against the threat of nuclear war). However, the SC had not given its consent. Afterwards it turned out that these weapons were not present in Iraq. - NATO bombings in 1999 in ex-Jugoslavia, the NATO attack in Kosovo in 1999 was illegal because of the lack of permission from the SC. - The occupation by Turkey of part of the Syrian territory (2019) - The invasion of Russia in Ukraine (2022) Questions related to the chapter - **What is the difference between retorsions and reprisals?** Retorsions are always lawfull, but reprisals are illegal but they become lawfull. - **Do you know why economic sanctions are in most cases reprisals and not retorsions?** If you are member of the WTO, you engage to make the trade easier but if you make some economic sanctions, you violate the WTO norms (but they become legal) If 164 states are taking economic sanctions than we no longer talk about retorsions but reprisals. - **What is the weakness of the non-binding measures, taken by the UNSC?** It's non-binding. They are asking a certain state something but the state doesn't have to listen. - **What are smart sanctions?** Sanctions that are targetting the 'bad guys' ex. They did last year some smart sanctions against the 'bad guys' of Russia but not towards to whole poppulation of Russia. - **Can NATO use violence without the UNSC's consent?** NO - **Is the following statement correct?: "in case of self-defence, the UNSC doesn't have to intervene"** No,The secirity counsal has a role to play even it's with self-defence, if it doesn't agree the violence should stop - **Collective security**: There is only 1 organ in the world that can allow violence and that is the security counsal and they can do it with 2 ways - **What does the UNSC mean when it says that states can take "all necessary measures**"? You can take measures, (economics sanctions,..) but if needed you can start a war - **In what way does Russia violate international law?** They did some war crimes: you cannot attack the civil population,... Russia has violated international; ukraine also commited some war crimes. It's common when there is a war that the rules are not always followed. - **Can Russia be held accountable before the ICJ?** No, because Russia will not go to there, because the ICJ has not an imposary injuction - **What is the relevance of international law in this matter?** Security counsal didn't work becausse RL has a veto right , the economic sanctions also not, what's happening atm is illegal, that's it. ppt: international criminal law =============================== Criminal law: your sanction depends on the crime you have committed Criminal code - List with things you cannot do, and if you do it anyways you will get an sanction - It's a relationship between the.. and the government What is international criminal law (ICL) - ICL seeks to ensure that perpetrators of certain heinous acts are criminally liable for these acts either before a national criminal court or before an international criminal court. When did ICL emerge? - ICL is fairly recent. It emerged in 1945. - Since then, perpetrators of international crimes can be prosecuted and held liable before national or international criminal courts. Which crimes are prohibited - ICL prohibits **international crimes**. - The concept of an "international crime" is not precisely defined. International crimes can be found in various sources of international law. (several treaties, and international customary law.). There is no international criminal code. The [modern-day international criminal tribunals] (ICTR, ICTY and ICC see further) have jurisdiction over [three categories of crimes], which can be seen as "core crimes" against international law: 1. Genocide 2. Crimes against humanity 3. War crimes Only the ICC (international criminal court) has jurisdiction over the 4. the crime of aggression. These 4 crimes are directly applicable to individuals. It is of no relevance if these offences are prescribed under national law. Perpetrators can be tried before international criminal tribunals anyway. ###### Genocide Definition - A number of acts, such as killing, inflicting serious physical or mental harm committed **with the intent to destroy**, in whole or in part, a national, ethnological, religious or racial group. - Sources: There is no international criminal code, it is spread over all kinds of sources Examples of genocide in the history - The Srebrenica Massacre on 11 July 1995 constituted genocide. It was the capture of the Bosnian city of Srebrenica and the subsequent deportation and genocide of about 8000 Muslim boys and men by Bosnian Serb troops. - In August 2017, a deadly crackdown by Myanmar\'s army on Rohingya Muslims sent hundreds of thousands fleeing across the border into Bangladesh (they lived in the red part and fled to the orange part). They risked everything to escape by sea or on foot a military offensive which the United Nations later described as a \"textbook example of ethnic cleansing\". In January 2020, the ICJ ordered Myanmar (which is Buddhist-majority country) to take emergency measures to protect members of its Rohingya community from genocide. The army in Myanmar, however, denies any responsibility. It said it was fighting Rohingya militants and not targeting civilians. The country\'s leader at the time, Aung San Suu Kyi, once a human rights icon, has repeatedly denied allegations of genocide. While the ICJ only rules on disputes between states, the International Criminal Court (ICC) has the authority to try individuals accused of war crimes or crimes against humanity. The body approved a full investigation into the case of the Rohingya in Myanmar. Although Myanmar itself is not a member of the court, the ICC ruled it had jurisdiction in the case because Bangladesh, where victims fled to, is a member. It remains to be seen if Aung San Suu Kyi will be tried before the ICC. #### Crimes against humanity Definition (= these are) - (murder, deportation, torture, slavery, enforced prostitution, enforced sterilization, and rape) - committed against the civilian population, - whether in peacetime or wartime. - The attacks must be large-scale and systematic. Sources - London Agreement of 8 August 1945 on the Nuremberg Tribunal; - Rome Statute of 1998 on the ICC; also in the statutes of ICTY & ICTR, etc. Examples - the apartheid regime in South Africa: A sign indicates in English and Afrikaans that this beach in Durban is meant for the exclusive use of the white race group. Apartheid was the official system of racial segregation in force between 1948 and 1990 in South Africa and present-day Namibia. - at the time of the Nuremberg tribunal, the international crime of genocide did not yet exist. The persecution of the Jews before and during WW II was seen as a crime against humanity. #### war crimes Definition - consist of a violation of the treaties and customs of international humanitarian law (Geneva Conventions). - do not therefore require a widespread or systematic attack on the civilian population - can only be comitted during an armed conflict (international and internal conflicts) sources - Geneva Conventions on Humanitarian Law of 1949 and 1977 - Statute of Rome ICC - Statutes of the ad hoc tribunals Side note - ≠ crimes against humanity: shouldn't be widespread and systematic (using one child soldier is already a crime) and can only be committed during an armed conflict (the criminal conduct must be closely related to the hostilities). Examples - sexual crimes, the use of child soldiers, the torture of prisoners, the deliberate targeting of civilian targets, looting, the use of chemical weapons etc. - Destruction of world heritage is considered a war crime: Malian jihadist Ahmad al-Mahdi (41) was sentenced to nine years in prison by the International Criminal Court in The Hague in 2016 for his role in the destruction of cultural-historical mausoleums and a mosque in Timbuktu in 2012. The Malian city is on Unesco\'s world heritage list. It is the first time that such a case occurs before the ICC. According to the judges, Al-Mahdi, who pleaded guilty to the war crimes, not only participated in the destruction in Timbuktu, but also led and provided logistical support to the jihadist iconoclasts with a bulldozer. He risked thirty years in jail, but judges took into account the repentance he showed in August and his cooperation in the investigation. #### aggression (crimes against peace) Definition - planning, preparing, starting, or waging a war of aggression, or a war in violation of international treaties. Sources - The kampala amendment to the Rome ICC statute. Since 2018, perpetrators of such acts can be prosecuted and condemned by the ICC. The Kampala amendment was however not signed by many countries. Examples - If the ICC would have obtained this competence from the start (in 2002), then Tony Blair could have risked an investigation and prosecution by the ICC for his decision to start the second Gulf war (invasion in Iraq, based on the presumption that Saddam Hussein had weapons of mass destruction). This was an illegal war. There was no mandate of the UN security council. Some other international crimes - Next to the 3 core crimes and the crime of aggression, some multilateral treaties try to suppress some other crimes: - The crime of terrorism - The crime of torture The crime of terrorism - In general, terrorism refers to: - Acts designed to cause civil unrest, with the aim of achieving certain political ends. - But there is [no generally accepted international legal definition] of terrorism. For what some say terrorism is, others say it is legitimate action to end oppression and occupation. - Therefore, there is no comprehensive anti-terrorism treaty and no international crime of terrorism as such. There are, however, [several sectoral conve]ntions on terrorism that criminalise specific acts of terrorism. Ex. treaties against - The hijacking of an aircraft - Threats (including bomb attacks) of civil aviation and maritime transport - Taking hostages - Terrorist bombings - Financing of terrorism These Conventions oblige the Convention States to make such acts punishable in their national criminal law ### how to presecute and punish the perpetrators 1. By national criminal law 2. By international tribunals #### by national criminal law - States use their national criminal justice and prosecution systems to punish the perpetrators of international crimes. - After all, treaties often impose an obligation on treaty parties to punish international crimes. Examples - Genocide Convention of \'48, Geneva Conventions on humanitarian law - The Belgian Criminal Code for instance contains a lot of international crimes. #### by international tribunals - AD HOC tribunals - International criminal court (ICC) AD HOC tribunals - tribunals set up specifically for dealing with international crimes committed in a particular conflict. Most important ones: 1. The Nuremberg tribunal ('45) 2. The International Criminal Tribunal for the former Yugoslavia- ICTY ('93) 3. International Criminal Tribunal for Ruanda - ICTR ('94) Nuremberg tribunal - Established for the trial of the surviving principal responsible persons for crimes committed during WWII - Established by the London Treaty of 1945, concluded between the UK, France, USA and the Soviet Union. - Four judges (one from each contracting party) - crimes: - crimes against peace - war crimes - crimes against humanity - A total of 206 people were convicted: 38 acquitted, 102 imprisoned, 23 sentenced to life imprisonment and 36 sentenced to death (the death penalty was still allowed!). Other examples of something like this - A similar tribunal was established to try suspects of the war in the Far East: the Tokyo tribunal - ICTY: International Criminal Tribunal for the former Yugoslavia ('93) - ICTR: International Criminal Tribunal for Rwanda ('94 - tribunals specially set up for the purpose of the criminal settlement of the conflict in the former Yugoslavia and Rwanda respectively conflict in Yugoslavia (ICTY) - Yugoslavia consisted of several sub-areas, where often several population groups lived together. Among them were the Croats, the Slovenes, the Macedonians, the Montegrenians, the Serbs (mainly Orthodox), the Bosnians (mainly Muslim), and the Albanians. Until 1980 the then communist leader Tito was able to stop any form of nationalism. He did this, for example, by granting autonomy to certain province. After Tito\'s death in 1980 nationalism arose. Serbia became more and more dominant. In 1990 the nationalists won the elections. The several sub-areas of the country started proclaiming declarations of independence. In 1991 Slovenia and Croatia declared independence. After ten days Belgrade gave in and these parts of Yugoslavia became independent. This was followed by Macedonia. Bosnia-Herzegovina was another story. Here things were more complicated. Three population groups were living together in this area: the Bosnian Serbs (orhtodox), the Bosnian Croats (catholic) and the Bosniaks (muslim). These groups had a different future in mind for their state. The Bosnian Serbs did not want to become independent from Serbia. Rather, they dreamed of a \'Greate Serbian State\'. The others wanted to become independent. The tensions led to a civil war between these three groups that lasted from 1992 to 1995 and claimed many civilian victims. In 1998 the war started in Kosovo. Kosovo was part of Serbia. In order to increase his popularity Milošević sent soldiers to Kosovo under the pretext that he wanted to protect the Serbs in Kosovo. In reality, he wanted to \"purify\" Kosovo from the Albanians who make up the majority of the Kosovar population\... NATO intervened with bombardments (without permission of the UN Security Council). In 2008 the government of Kosovo unilaterally declared independence. Kosovo has been under UN administration since 1999. Several people, who were responsible for the atrocities that happend during these wars, were tried before the ECTY. The rwanda Genocide (1994) (ICTR) - The Rwandan Genocide was a genocide that took place in 1994 in the African country of Rwanda. During this genocide an estimated 500,000 to 1 million Tutsis and moderate Hutus were murdered over a period of 100 days, from 7 April to 15 July 1994. Most of the murders were committed by Hutu militias. - The genocide was stopped by the Tutsi rebel movement known as the Rwandan Patriotic Front (RPF), led by Paul Kagame. After the victory of the RPF, Kagame became vice president and minister of defence. He has been president of Rwanda since 2000. - Several perpetrators were tried before the ICTR. #### International AD HOC tribunals - Establishment: Both tribunals were established by UN Security Council Resolution. - ICTY: '93 - ICTR: '94 - Place: - ICTY: The Hague (the Netherlands) - ICTR: Arusha (Tanzania) - Composition: Its composition is international and independent (no judge of the countries concerned) + independent prosecutor [Types of crimes]: - Serious violations of the Geneva Conventions and other war crimes - Genocide - Crimes against humanity [Penaties]: - In the case of convictions, emprisonment could be imposed (no death penalty!) - The mandate of both tribunals has been [completed] (ICTR: 2015 - ICTY: 2017) Note: There is also a tribunal for the criminal settlement of the war in Kosovo: the Kosovo Specialist Chambers. This is still operational. Slobodan Praljak. - He was a Bosnian-Croatian soldier. He was responsible for very violent ethnic cleansing in Bosnia and the destruction of the historic bridge Stari Most in Mostar in 1993. - Praljak was sentenced to twenty years in prison by the [ICTY] for war crimes. He died on 29 November 2017 when, immediately after hearing the verdict, he ingested the deadly poison potassium cyanide. #### International criminal court (ICC) permanent court What is it? - Is a [permanent] judicial body responsible for the trial of suspects who pose a threat to the peace, security and well-being of the world - This is a general court Creation - Established by the Rome Statute of 17 July 1998 - Based in The Hague since 2002 - It is not a UN body State parties (123 states) - There are 123 states parties (green countries). A number of major powers are not a state party: US, Russia, China, India. It is a pity because the ICC has no compulsory jurisdiction. - Burundi, the Gambia and the Phillipines have left the ICC. This is possible with a 1 years notice. They argue that the court is focussing too much on African countries. - Russia signed but never ratified the Rome statute, which means that it is not bound. When can you appear fort his court? - Whe you committed one of the 4 crimes - When you signed the treatie - If you committed a crime in one of the states that signed the treatie eventough your state didn't The Court has [no mandatory, universal jurisdiction]: the jurisdiction rests on the consent of the States. The Court can only exercise jurisdiction over a crime with the consent of (meaning that these states must have signed and ratified the Rome statute) - the State where the crime was committed - the State of the nationality of the offender - So a State cannot, by withholding its consent, prevent a national who has committed a crime on the territory of a State Party from being tried by the ICC. Example - Myanmar is not a state party to the ICC but Bangladesh (neighbouring country where the Rohingya are staying after having been pushed out) is. A national of Myanmar can nevertheless be tried before the ICC if he committed an international crime (e.g. genocide, crimes against humanity) in Bangladesh. - Quid Putin? Russia is not a state party to the ICC. There are [three ways] in which the Court can start an whand, if necessary, prosecute: - a State party may report a situation to the Prosecutor - the UN Security Council may refer a case to the Court under Chapter VII of the UN Charter. In this case, the condition of nationality or territory shall cease to apply. - the Prosecutor may commence an investigation of his or her own motion when does this start? - one of the green states is complaining - the UN is asking the ICC to start investigation - the ICC itself the ICC can prosecute suspects of 4 types of crime - genocide - war crimes - crimes against humanity - crime of aggression (2018) The ICC cannot try the perpetrators of the crime of terrorism. As stated above, there is no such thing as "the" crime of terrorism under international law. However, some acts of terrorist groups (ex. ISIS) can be seen as crimes againts humanity or war crimes, which both fall within the competences of the ICC. Most terrorists are tried before national courts The Court has [complementary jur]isdiction: - The trial of suspects is primarily the responsibility of the States. The ICC can therefore only declare a case admissible if the State is unwilling or unable to actually conduct the investigation or prosecution. Composition - 18 judges - Public prosecutor Side notes - The Court [depends to a large extent on the cooperation of the States]. States Parties are obliged to cooperate (e.g. arrest and transfer persons, gather evidence). - [Sentence]: prison sentences can be up to 30 years. In exceptional cases, life imprisonment. Death penalty is not possible. - [Appeal] to the Chamber of Appeal possible. - [First ruling] in 2012: Congolese Thomas Lubanga Dyilo convicted of recruiting and deploying child soldiers. Imprisonment of 14 years Main weakness of the ICC - It has no compulsory jurisdiction: was not ratified by certain superpowers, such as the USA, China and Russia. Certain African states have already dropped out. - The Court depends to a large extent on the cooperation of States. States parties to the Convention are obliged to cooperate (e.g. for the arrest of suspects, the extradition of suspects, the gathering of evidence). If they fail to do so, there are almost no possibilities for enforcement. On the contrary prosecutions were suspended or even discontinued in the end. ppt: international economic law =============================== What?: Set of rules that regulate international economic activities Purpose (based on the theories of market capitalism) - Keep the liberal international economic order in place (v. protectionism) - Encourage free trade - Ensure currency exchange stabilities - In this way contribute to economic growth, employment and welfare Main areas - Monetary law - Trade law Note - Also economics is a cross-border and global concern. International law therefore imposes a number of rules on states with regard to international economics. This body of rules is called international economic law, consisting of various sub-sections, including financial law and commercial law. - The aim of the international rules is to increase prosperity. This happens when the economy grows, employment increases and poverty decreases. This can be achieved in two ways: first, by ensuring a balanced global financial system and, second, by facilitating the free movement of goods, services and capital. international monetary law -------------------------- Financial law = rules on monetary matters - Value of the currency - exchange rates - Increasing or decreasing interest rates - Budget deficit (how muh more can we spend than we receive) - Inflation - printing money Monetary matters are concerned: - The value of the currency: what is the value of the currency in relation to the currency of another country? - Determining interest: what if someone takes out a loan, what interest rate do we use? When will interest rates rise and fall? - Determining the budget deficit: how much can we, as a government, spend more than we receive? - Inflation: can help to boost the economy. When are we going to print money? Ways to increase the economy - Decreasing the interest rate makes borrowing cheaper. More companies/individuals borrow and the economy grows. - If a state devalues its currency, exports will increase (it becomes cheaper to buy products from this country). This is how the economy grows. - Printing money creates inflation. Inflation causes more spending because people assume they can do more with their money today than tomorrow. Now in pictograms  Evolution - In te past: states could independently determine their monetary policy (ex. the value of their currency, setting interest rates, printing money, deciding on budget deficits etc.) - 19^th^ century: states decided to adjust the value of their currencies to one another by linking their currency to the value of gold. - End of WW II: creation (during the Bretton Woods Conference in 1944) of two international organisations dealing with monetary law and police at a global level: - 1\) International Monetary Fund (IMF) - 2\) the World Bank Summary - For a long time, states could decide freely on monetary matters. In the 19th century, however, states realised that they had to take each other into account. If they want to engage in international trade, it is important that their currency is convertible. Therefore, they adjusted the value of their currency to the value of the gold. In this way, coins could be exchanged. - At the end of the Second World War (after the crisis in the 1930s), two global bodies were set up to conduct monetary policy at world level from then on: the IMF and the World Bank. States are still relatively free, but from now on they have to take into account the rules of these organisations. ##### Questions what is the common goal of the IMF and the WB create economic stability What is the difference between both institutions? - Countries who has financial difficulties (IMF), every countrie that has financial problems can have a loan of the IMF, those are short-term loans - the world bank (WB) focus on development countries, the loans of the WB are long- term loans to build schools,... other tasks of the IMF making sure that the exhange rate stays stable similarities and differences = both set up at the same time 1944, also both in Bretton woods ≠ they both had 189 members but in 2020 joined andorra the IMF ≠ the IMF: Not a UN body. The UN is not much involved with economics. The UN deals with peace, security, human rights, refugees, climate, health etc. But it is a specialized agency of teh UN. ### international monetary fund (IMF) - established in 1944 - 190 members - Headquarters: Washington DC - Is financed by the member states on the basis of a system of quotas. Each member is assigned a quota based on its share of the world economy. E.g. US: 16,5%, UK and France each 4% - Decisionmaking: The more you pay, the more votes you get. This is different at the UN (every state has 1 vote in the GA) Christine Lagarde - Christine Lagarde was IMF Managing Director from 2011-2019 - She is now Managing Director of the European Central Bank. - **Kristalina Georgieva is now the managing director** Purposes - Achieve stable exchange rates to stimulate international trade (and thus prosperity) - Member States should cooperate with the IMF and with other members in order to promote a stable exchange rate system - Member States should take into account the impact of exchange rate adjustments on the economy of other Member States - Ensuring the convertibility of the currencies: if currencies cannot be exchanged, this would hinder cross-border transactions in goods and services. - 3\) Make resources available to members with balance of payment difficulties: (see also text Henriksen p. 231) IMF can give loans (short-term, max 4 years), usually under conditions (cf. Greece) [criticism](https://www.youtube.com/watch?v=ya6DvFFr7o4) on conditionality Note: If there are huge fluctuations in exchange rates, international trade will not work. This is where IMF keeps an eye on things. Member States should therefore cooperate with IMF if they want to adjust their exchange rates. Balance of payments problems can occur, for example, when - the economy of a country is focused on one product and this product gets into trouble (e.g. grain harvest fails) causing the economy to collapse - a country imports too much and exports too little - a country spends too much and receives too little money (e.g. Greece) [Conditionality] - means that borrowing states must comply with the conditions imposed by the IMF. For example, Greece had to reduce public spending and have fiscal discipline - States must therefore not only repay their loans but must also fulfil other conditions so that they do not run into financial problems in the future. The Greek, for example, had too many civil servants, far too high pensions and far too high benefits (e.g. for the unemployed). The IMF therefore made it a condition for Greece to cut back on its civil service. - Another problem that arose was that the Greek people paid no or too little taxes. The government did not go after them either. Therefore, the IMF imposed a tax discipline (effective collection of taxes). [Criticism]: - The demands made on the basis of this conditionality lead to social problems, poor working conditions, poverty while this is exactly what the IMF wanted to prevent. - Quick cuts in the government apparatus (selling buildings, privatising, firing civil servants) lead to a smaller social safety net. This leads to faster destabilisation and poverty for the country. The IMF imposes conditions that lead to what the IMF wanted to prevent (short-term destabilisation). The problems with greece - Very high alligations - they spend too much money and they didn\'t get enough money from the states, - they didn\'t had a task discipline. And if the rich people didn\'t pay it then they didn\'t got after you and that was a big problem - they needed to loan a lot at a certain moments they couldn\'t pay the loads back. - That\'s why they went to the IMF (they gave them short-term loans so that they would\'tn far too deep that quickly. But there were conditions, they ahd to pay it all back including the percentage. ### the world bank group (WB) - Main organisation: **The world bank** - Established in 1944 - 189 members - Seat: Washington DC - Each state has shares. The more shares one has, the more votes one has - Purpose: aims at improving the economic development and reducing proverty of developing countries - How? By providing loans to developing countries to finance infrastructure projects - World bank bonds - The World Bank Group is a group of institutions with the World Bank as the most important one. - Government projects: building roads, bridges, schools, hospitals, large agricultural projects. - As an individual saver you can also support the world bank through bonds. - The head of the WB is usually an American now it is Ajay Banga (indian born) international trade law ----------------------- Summary of the evolution - In the past, states could decide for themselves whether or not to allow goods and services from other countries into their territory and under what conditions. - 17th century: bilateral free trade treaties appeared, trying remove barriers fro trade - In 1944 the GATT was signed: this is a trade agreement on a global scale. The old GATT system is the predecessor of the World Trade Organisation. The evolution - **In the past:** It was up to the states to regulate their own economic affairs, trade included. Each state could decide for itself whether and under what conditions to allow the import of goods and services from other states. - **17^th^ century**: States became parties to a range of treaties that limited their freedom in economic affairs and introduced free trade. - **End of WW II:** Creation of an international organisation that regulated international trade at a global level :**General Agreement on Tariffs and Trade (GATT)** - 1994: Creation of the **World Trade organisation (WTO)** Definition -- Purpose -- Players - **Def.:** determines the competences, rights and duties of states and IOs in the field of international trade. - **Purpose:** further liberalization of world trade (by the reduction and elimination of tariffs an other barriers to trade) and by doing so stimulate the economic growth - **Players** international and regional organisations Note: Increase the economy through trade liberalisation. So, the starting point of international law is that free trade is a good thing. #### Free trade - Free movement of goods and services between different countries: Trade barriers are abolished or greatly reduced so that it becomes easy to trade. - Free trade Protectionism = protecting national economies Specific actions: - Reduce or eliminate import tariffs - \"Most favoured nation\" clause = any advantage that a state grants to a third state it must also grant to its partner with whom it has concluded a free trade agreement - Free trade: as less restrictions as possible of goods coming from other countries Pro - more jobs - more export which gives an economic boost - cheap products Contras - job losses of land of import - domestic economy - bad labor conditions (colombia) - Human rights - the climate ### world trade organisation (WTo) - Established in 1994 -- replaced the old GATT system - Headquarters in Geneva - 164 members - No UN body What is the WTO: 1. Forum where governments can negotiate and conclude trade agreements. Important treaty (GATT= General Agreement on Tariffs and Trade) was already signed in 1944 and later integrated into the GATT 1994. 2. A place where trade conflicts can be resolved. this one is used by the big countries like China (ICJ) because it's about economy and money and they don't want to lose money so they resolve the discussions very quickly 3. The idea was making free trade agreements between the members Information - At the international level, the World Trade Organisation is the most important player in trade law. It was established in 1994 as the successor to the GATT. The GATT is not an organisation but a treaty that was signed in 1944. At that time the USA was against the creation of an organisation. They wanted to preserve their sovereignty in the field of trade. Nevertheless, they agreed to sign the GATT because many American entrepreneurs wanted to make agreements in order to be able to sell their goods and services easily in the rest of the world. The Clinton administration then agreed in 1994 to set up an organisation to deal with world trade. - All major economies are member of the WTO: USA, Brazil, India, China etc. and also make active use of it (complaints procedure). - The WTO is not a UN body because the UN is not really concerned with the world economy. - Today (sine 2021), a Nigerean woman is head of the WTO: Ngozi Okonjo-Iweala. ### Trade agreements (I) - Ex GATT 1994 In this agreement, members agreed on 5 main principles on trade in goods 1. [Principle of most-favoured-nation treatment] = Members that grant advantages to products of one State must also grant