Final Study Guide Outline PDF

Ashley Rawashdeh **[Final Study Guide Outline]** I. [Jurisdiction] a. **Six bases of jurisdiction:** Territory, Nationality, Passive Personality, Protective Principle, Universality, Active Personality b. **Subjective Territorial:** State where the crime was initiated...

Ashley Rawashdeh **[Final Study Guide Outline]** I. [Jurisdiction] a. **Six bases of jurisdiction:** Territory, Nationality, Passive Personality, Protective Principle, Universality, Active Personality b. **Subjective Territorial:** State where the crime was initiated exercises jurisdiction. Jurisdiction is based on where the illegal conduct began, not where its harmful effects were felt. c. **Objective Territorial:** State where the illegal conduct is completed exercises jurisdiction. d. **Alien:** Non-citizen e. *Jus Solis*: Someone born in the country is a citizen. f. *Jus Sanguinis*: Have ancestry from the country = citizen (China) g. **POW (Prisoner of War):** Under 1949 Geneva Convention, pows are protected citizens. Will be seen as a war crime if the detaining power withholds their rights. h. **Passive Personality:** States claim jurisdiction to try foreign nationals for offenses committed abroad that affect its own citizens. i. **Protective Principle:** Country can take legal action against someone who does something outside its borders that could harm its safety or ability to govern. Prevent attack. j. **Universal Principle:** State can try anyone anywhere if they have committed serious crimes, such as genocide, war crimes, crimes against humanity. k. **Eisentrager Test:** Foreign national criminals outside the U.S. don't have access to U.S. courts. l. **Noriega:** U.S. courts had jurisdiction over Noriega and did not give him head of state immunity. m. **Guantanamo:** Cuba is sovereign, but U.S. has total jurisdiction over the area. n. **Complementarity:** Principle that states that national courts have primary jurisdiction over international crimes. The ICC can only act when national courts are unwilling or unable to prosecute. o. **Command Responsibility:** Commanders are to be held responsible for what their subordinates do involving illegal activity. II. [Immunity] p. **Diplomatic Immunity:** Foreign government officials are not subject to the jurisdiction of local courts and other authorities for their official and personal activities. q. **Sovereign Immunity:** A state is immune from the jurisdiction of the courts of another state, except when claims arise out of activities that are done by private persons. r. **Civil Immunity:** Applies to civil lawsuits. Persons may not be sued before the civil or administrative authorities of the receiving host country. s. **Criminal Immunity:** Protects from criminal prosecution. t. **Head of State Immunity:** Immune from civil or criminal prosecution and after leaving office for public and private acts. u. *Persona Non Grata*: "Unwelcome Person" State prohibiting a diplomat from entering the country as a diplomat. v. **Ex Parte Pinochet Case:** Pinochet was not entitled to immunity from criminal preceding's and therefore be extradited. Was not immune from past acts he committed while he was in power. III. [Tribunals] w. **ICTY:** International Criminal Tribunal for the Former Yugoslavia. UN Court of law that dealt with the war crimes that took place in the Balkans in 1990. x. **ICTR:** International Criminal Tribunal for Rwanda. UN Court of law that dealt with the crimes of genocide that took place in Rwanda. y. **SCSL:** Special Court of Sierra Leone. Prosecuted those who bore the greatest responsibility for crimes against humanity, war crimes, and violations of Sierra Leone Law. First court to convict defendants for using child soldiers. z. **SPSC:** Special Panels for Serious Crimes (East Timor Tribunal) Created to prosecute those responsible for serious crimes in East Timor. a. **ECCC:** Extraordinary Chambers in the Courts of Cambodia. Hybrid tribunal that used both Cambodian and international law to prosecute crimes committed by the Khmer regime. b. **ICJ:** International Court of Justice settles disputes between states. c. **IMT:** International Military Tribunal. Established by allied powers to prosecute and punish war criminals from the axis powers in Nuremburg, Germany. d. **IMTFE:** International Military Tribunal for the Far East. Prosecute war criminals in Japan, took place in Tokyo. e. **ICC:** International Criminal Court. Mandate Crimes = crimes against humanity (happen outside of war), war crimes, genocide, aggression (invading another country). Humanitarian violations that happen before 2002 are not subject to the ICC. The U.S., Russia, and China have not signed. f. **Permanent Court of Arbitration:** Provides non-combative resources and solutions for international disputes resolutions. Ex. Arbitration, conciliation, mediation, fact-finding. IV. [Genocide] g. **Genocide Convention 1948:** Whether committed in times of peace or war, genocide is punishable. Defines genocide as the killing of members of a group, causing serious bodily or mental harm to members of the group, imposing measures to prevent births within the group, forcibly transferring children of the group to another group. i. Cannot sue the country over genocide, only an individual can have intent. ii. **South Africa v. Israel case:** Israel is seen as responsible for the genocide in Gaza. ICJ ruled that their actions meet the legal definition of genocide. V. [Humanitarian Efforts] h. Humanitarian aid is impartial i. **Human rights where do they come from:** Supreme being, rational mind, humanity, state. j. **International Bill of Rights:** Includes Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, International Covenant on Economic, Social, and Cultural Rights. iii. **Universal Declaration of Human Rights (1948):** Outlines the basic rights and freedoms that all people are entitled to. Customary law. iv. **International Covenant on Civil and Political Rights:** Grants individuals in the county that signed treaty the right to bring a claim against their own country. Obligates signed countries to protect and preserve basic human rights. v. **International Covenant on Economic, Social, and Cultural Rights:** Ensures that everyone has access to essential needs for a decent life. k. *Droit Naturel:* Natural law; rights that each individual has because of their belonging to humanity, not based on which society they live in. VI. [UN Peacekeeping/Solving Foreign Disputes] l. **3 principles to UN Peacekeeping:** Impartiality of peacekeepers, use of force by them in self-defense and to defend the mandate under which they operate, the consent of the parties to the conflict to the deployment of peacekeepers. m. **Resolve Disputes Steps:** Negotiation, Inquiry/mediation, conciliation, arbitration, adjudication. VII. [UN Charter ] n. Outlines the major principles of international relations, from sovereign equality of states to the prohibition of the use of force in international relations. o. Founding documents of the UN that establishes its purposes, principles, rights, and obligations. p. **Article 2(4):** Refrain from the threat or use of force in international relations. q. **Article 2(7):** UN cannot intervene in matters within domestic jurisdiction of a state. r. **Article 51:** Every country has the right of self-defense. s. **Chapter VI:** Describes how the UN can settle disputes. Ex. Sanctions, diplomacy, carrot/stick. t. **Chapter VII:** Determines when the UN can use force. Can use it to maintain or restore peace. VIII. [Use of Force] u. **Aggression:** When a state is the first to use armed forces against another states sovereignty, territorial integrity, or political independence. v. **Reprisals (Counterattack):** Must be proportional, must be in response of a previous attack, must be directed at combatants only. vi. Reprisal not permitted against wounded, sick, shipwrecked persons, medical or religious persons/buildings, prisoners of war. w. **Nature of Warfare:** Must not use WMD, distinguish between combatants and civilians. Weapons and tactics that cause unnecessary suffering are prohibited. IX. [Self Defense] x. **Caroline Test:** Anticipator self-defense in international relations. Self-defense justified when danger is instant, overwhelming, and leaving no choice if means. y. **Collective Defense:** Other countries can use military force to defend another state that is being attacked. z. **Individual Defense:** The State protecting itself from an immediate threat. a. **Anticipatory:** Immediate threat looms (ex. Cuban Missile Crisis) b. **Pre-Emptive:** Protect from potential future attacks (ex. War on Terror) X. [6 Standards of Just War] c. Just cause, legitimate authority, right intention, reasonable prospect of success, proportionality, last resort. XI. [Weapons Systems and Arms Control] d. **NPT:** Non-Proliferation of Nuclear Weapons. Goal of nuclear weapon disarmament and use of nuclear energy cooperation. e. **Nuclear Non-Proliferation Treaty (1968):** Nuclear weapon states cannot transfer nuclear technology/weapons to other states. vii. Nuclear States: U.S., Russia, France, Britain, China f. **Conventional Weapons Treaty (1980):** Outlines banned weapons. Ex. Napalm, booby traps, chemical, biological, nuclear, landmines, cluster bombs. g. **Biological Weapons Convention (1972):** Prohibits development, use, and stockpiling of chemical weapons. Ex. Anthrax. U.S., Russia, China have not ratified. h. **ABM (Anti-Ballistic Missiles):** Designed to intercept incoming missiles. Can be protection against nuclear weapons. i. **CTBT (Comprehensive Nuclear Test Ban Treaty):** Never Ratified! Goal to ban all nuclear explosions regardless of if they are for military or peaceful purposes. j. **Anti-Personnel Mine Ban Treaty (Ottawa Convention):** Bans the use, production, stockpiling, and transfer of anti-personnel landmines. Highly dangerous because they can affect people even after the war is over. k. **Cluster Munitions:** Ban on cluster munitions because they can target civilians. U.S., Russia, China, have not signed the treaty. l. **Drones:** Not illegal to use in war. Argument that drones are more precise so they have fewer civilian casualties. m. *Jus in Bello:* Law regulating the conduct of War/how you conduct war n. *Jus ad Bellum:* "right to war" conditions of which a state may resort to war. XII. [Latin Terms] o. *Nullem Crimen Nulla Poena Sine Lege:* No crime without law, no punishment without law. Person can only be held criminally responsible for an act that was illegal at the time it was committed. p. *Tu Quoque:* "You too" (eye for and eye) The authority/state trying the defendant has committed the same crime as the defendant, therefore it has no authority to prosecute the other side for similar crimes. (Not valid defense) q. *Habeaus Corpus:* "Show me the Body" Writ requiring the person be brought before a judge or into court. r. *Prima Facie:* "At first sight" Principle that an international tribunal can make interim (in the meantime) decisions before determining jurisdiction over the merits of the dispute. s. *Mens Rea:* Intent, a state of guilty mind that a person entertains while committing a crime. t. *Opinio Juris Sive Necessitatis:* "An opinion of law or necessity" State's belief that it is bound by the law. u. *Actus Reus:* "Guilty act" act of illegal conduct. v. *Erga Omnes:* "In relation to everyone" obligations that states have towards the international community as a whole. w. *Stare Decisis:* "To stand by things decided" legal principle that directs courts to adhere to previous judgements or judgements of higher tribunals. XIII. [Cases/Outcomes] x. **Nicaragua v. United States (1986):** U.S. violated non-use of force, was out of its jurisdiction. y. **Rasul v. Bush (2004):** Foreign nationals have access to the supreme court. z. **Hamdi v. Rumsfeld (2004):** Due process rights still apply to U.S. citizens in detention even if they are enemy combatants. a. **United States v. Alvarez-Machain (1992):** Abduction is not illegal and does not prohibit trials. b. **Ker v. Illinois (1886):** Illegal abduction does not prevent jurisdiction if the indictment is proper and the trial is fair. c. **Regina v. Bartle (Ex Pinochet case) (1998):** Pinochet was not entitled to immunity from criminal proceedings and could therefore be extradited. d. **Congo v. Belgium (2003):** Serving foreign ministers have immunity from prosecution unless their state waives it. Immunity for foreign diplomats. e. **South Africa v. Israel (2004):** Israel is seen as responsible for the genocide in Gaza. f. **Ukraine v Russian Federation (2024):** Great power (Russia) was rejected at the ICJ. XIV. [Conventions] g. **Refugee Convention (1951):** Legal protection, rights, and assistance a refugee is entitled to receive. Defines what constitutes a refugee. h. **CEDAW (1980):** Convention on Elimination of all forms of discrimination against women. Ensures women's human rights are equal to men's. i. **Rome Statute of ICC (1998):** Founding treaty of the ICC. Grants the ICC jurisdiction over four main crimes, genocide, crimes against humanity, war crimes, crimes of aggression. j. **Alien Tort Statute (1789):** Foreign nationals can sue in U.S. Courts. k. **Geneva Convention (1949):** Wounded and or sick on land or at sea, shipwrecked, prisoners of war, civilians (non-combatants) should not be harmed during war. Bans chemical and biological weapons. l. **Nuremberg Principle (1945):** A set of guidelines for determining what constitutes a war crime. m. **Hauge Conventions (1899, 1907):** 1899 = prohibits asphyxiating gases, expanding bullets, throwing projectiles from balloons. 1907 = Laws and customs of war on land. n. **Kellogg-Briand Pact (1928):** Attempted to prevent another world war by outlawing the use of war to settle disputes. (did not work) o. **Torture Convention (1984):** Defines torture as causing extreme pain that creates long lasting injuries such as organ failure, must be prolonged. Mental pain can also constitute torture, but the mental pain must be brought upon by the same physical pain that is happening. viii. Prevent torture, inhuman, cruel, or degrading acts. p. **UNGA Resolution 3315 (1974):** use of armed force by a state against the sovereignty, territorial integrity, or political independence of another state. (Defines aggression) q. **UNSC Resolutions 678,1368,1441** ix. **678:** Authorize the use of force against Iraq in response to its invasion and occupation of Kuwait. x. **1368:** Unanimous resolution to condemn and act against the perpetrators of 9/11. xi. **1441:** Gives Iraq a final opportunity to disarm and comply with its obligation to have UN inspections. r. **UN Declaration on the Rights of Indigenous People (2007):** Protects the rights of indigenous peoples, such as land rights, territories, resources, cultural practices, self-determination. XV. [Miscellaneous] s. Only president to suspend habeaus corpus = Abraham Lincoln t. What are legitimate actions in a warzone? Shutting down water system and electric grid.