Term
| ICJ (International Court of Justice) |
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Definition
| Its main functions are to settle legal disputes submitted to it by states and to give advisory opinions on legal questions submitted to it by duly authorized international organs, agencies, and the UN General Assembly. |
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Definition
| cannot be Subject to any law or court, you have not given jurisdiction |
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Definition
- Basic State v. State lawsuit (there is a plaintiff and a defendant case)
- Only states can be parties
- This type of jurisdiction is dependent upon state consent to be part of ICJ. |
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Term
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Definition
- Allows states to make declarations accepting the Court's jurisdiction as compulsory
- Court automatically has jurisdiction over you
- States can make reservation and they have to be reciprocal |
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Term
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Definition
This type of jurisdiction allows the ICJ to give opinions that are only consultative in character, though they are influential and widely respected.
UN can ask for advice on any topic.
Not legally binding decisions! |
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Term
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Definition
Deals with incidental matters that arise when case is already in court to interpret/or revise decisions.
Doesn’t require state consent.
- impose provisional methods of protections or interum measures of protections
- Allows a third party to join a case: intervention |
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Term
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Definition
Court freezes situation as it is right now.
Prevents aggravation of situation. It freezes the case completely as it is currently and no party is allowed to take any action. This does not require state consent and protects all party’s rights while case is in court.
- Only imposed is 'irreparable damage is imminent" |
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Term
| Traditional Law on the use of force |
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Definition
very few restrictions in regard to use of force.
a)Jus ad bellum: permissibility to enter into forceful acts
b)Jus in bello: legitimate conduct while in conflict
c) Jus cogens: war of aggression and War of contest |
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Term
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Definition
1) Retorsion: when you do something hostile, that is legal but you wouldn’t do otherwise a breach had occurred
2) Reprisal: you do something illegal, but International Law allows it because you were a victim of violation of international law. International law says it has to be proportionate to the injury suffered. Cannot include the use of force. |
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Term
| Naulilaa Arbritration (Portugal v. Germany) |
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Definition
The arbitrators said that prerequisites to legitimate use of reprisal has to be any act contrary to international law.
Legitimate use for reprisal is:
- attempt to settle things peacefully
- act must be proportionate to the injury suffered |
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Definition
| Can only invoke conduct that is contrary to their international obligations. You have this right once an armed attack against you has occurred. |
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Definition
- use of force to protect nationals abroad
- cannot strike first |
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Term
| The Caroline Case (US v. UK) |
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Definition
- British protested arrest of Canadian troop, said that the attack was a sovereign act of self defense by the UK.
- Limitations to Self Defense:
1) needs to be instant
2) Overwhelming
3) no choice of means
4) No time to deliberate |
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Term
| Anticipatory Self-Defense |
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Definition
- Legitimate form
- Meets Caroline Criteria
- The attack is imminent |
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Term
| Interceptive Self-Defense |
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Definition
- no legitimate form
- this is not allowed
- the attack is unforeseeable |
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Definition
- Intervention by Inviitation
- Humanitarian Intervention
- Intervention in Civil War
- Intervention to protect nationals |
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Term
| Intervention by Invitation |
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Definition
one state inviting another to get involved in affairs; requirements:
1. request is not made ultra vires
2. burden of proof of the invitation is on the state that intervenes |
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Term
| Humanitarian Intervention |
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Definition
use of force in order to stop violations of human rights and values; requirements: 1. immediate and extensive threat to human rights;
2. intervention is stricly limited to stopping the violation of jus cogens |
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Term
| Intervention in civil War |
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Definition
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Term
| Intervention to Protect Nationals |
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Definition
proposed criteria from ICJ:
1. imminent threat of injury to nationals; 2. failure of the state to protect nationals;
3. measures stricly limited to what is necessary to save lives |
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Term
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Definition
| included in the covenant of league of nations: failed attempt to have connected use of force to ensure each others sovereignty. If a country of the league goes to war, their allies may go with them if they agree. |
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Term
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Definition
Universal Declaration of Human rights
a)International Covenant on civil and political rights
b) International Covenant on economic, social and cultural rights |
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Term
| Universal Declaration of Human Rights |
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Definition
| - It's purpose was to identify the rights and freedoms of every individual. Deals with the fields of Human Rights: civil, political, economic, cultural, social. Lists list of rights that is recognized by the universal declaration is the right to life, liberty, the security of a person, due process, freedom of conscious, freedom of expression, right to property, right to return to your country, prohibits torture. It has become BINDING |
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Term
| International covenant on Civil and Political Rights |
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Definition
| - Has all of the civil and personal declaration except the right to not be arbitrarily deprived from property. |
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Term
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Definition
- Drafted after the International Covenant on Civil and Political Rights.
- It deals with allowing individuals to bring complaints to the UN Human Rights Committee
- states cannot withdraw from this protocol |
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Term
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Definition
- Drafted after the International Covenant on Civil and Political Rights.
- Deals with the abolition of the death penalty. If a state ratifies this optional protocol, no one within jurisdiction can be executed except in times of war.
- states cannot withdraw from this protocol |
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Term
| International covenant on Economic,social and Cultural Rights |
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Definition
| - It is not just a list of rights. It describes and defines all of these rights. It also outlines the steps that need to be taken to achieve these rights and the standards of compliance for such. Steps must be non-discriminatory. |
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Term
| UN Human Rights Committee |
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Definition
- Created by: International Covenant on Civil and Political Rights. Committee deals with compliance. Not enforcement because it doesn't have power to enforce (only recommendations)
- Their job: to make sure that the states comply with their human rights obligations
- It has 18 members, serving in an individual capacity (lawyers, experts, etc) |
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Term
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Definition
- Originally, the committee's primary job: to examine reports that states are required to submit.
- No authority to investigate or verify these reports without state consent
- Representatives present the report to the Committee ad the Committee presents questions to the Representatives about the report. |
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Term
| Interstate Complaint Mechanism |
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Definition
- This is an optional procedure under Human Rights Committee
- One country accuses another of violating human rights contained on the civil and political Covenant
- This has never been used |
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Term
| Individual Complaint Mechanism |
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Definition
- If you are a victim of a violation of HR, you can file a complaint on the Human Right Comittee
- Only countries that are parties of the first optional protocol can have individuals from their countries file complaints
-Requirements: a) exhaust local remedies, b) cant make anonymous submission c) your complaint cant be under investigation at another human right body at the same time. |
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Term
| UN High Commissioner of Human Rights |
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Definition
- Ranged below the UN secretary general
- Main goal is to play an active role in removing the obstacles denying the acquisition of human rights and preventing violations throughout the world. |
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Term
| UN Human Rigghts Commission --> UN Human Rights Council |
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Definition
- Main focus promoting Human Rights
- Major improvement over the comission
- The members are states, but states membership can be suspended if that state is found violating human rights (big improvement).
- Create different working groups to handle different Human Rights problems: special investigators investigated into HR (rapporteurs)
- It has 47 members, including 5 security council members. |
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Term
| Individual Responsibility |
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Definition
| Crimes against humanity or war crimes can be perpetrated by individuals within the state and as such fall under the jurisdiction of the ICC. |
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Term
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Definition
| Responsibility for crimes against humanity or war crimes are in effect regardless of the position of the accused. If anyone under the command commits a crime and the commander knew they are held responsible. |
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Term
| Different Types of International Crimes |
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Definition
- Crimes against the peace/ Aggression
- War Crimes
- Crimes against Humanity
- Genocide |
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Term
| Crimes against the peace/ aggression |
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Definition
- Crimes against the peace at Nuremberg
- Use of force against another state, in violation of INR law
- After WW2, at Nuremberg in the trial of the head of the Nazi party. The court said, " the charter defines as a crime the planning or waging of a war, is a war of aggression or a war in violation of treaties. The tribunal has decided that the defendants planned and waged aggressive wars against twelve nations and are therefore guilty of these crimes." |
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Term
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Definition
| Violations of the Hague/Geneva Conventions. Domestic or international, any area of conflict. |
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Term
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Definition
- Systematic offensive against human dignity, systematic atrocities in peace or in war
- Murder, extermination, enslavement, deportation, inhumane acts committed against any civilian population before or during war. Prosecution on political, racial or religious grounds within the jurisdiction of the tribunal whether or not in violation of the law of the country. |
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Definition
| Any act committed with the intentional to destroy a whole or a in part a national, ethnical, racial or religious groups. |
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Definition
| More thorough than the International Criminal Tribunals and contains 128 articles. Creation of ICC. |
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Term
| International Criminal Court |
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Definition
| Permanent Court. Established in 1994 after Trinidad and Tobago urged for the creation of the ICC to handle drug trafficking issues. |
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Term
| Jurisdiction of the International Criminal Court |
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Definition
- Crimes against humanity, war crimes, genocide, crimes of aggression as well as "treaty crimes" i.e terrorism and drug offenses.
- Those who have signed the treaty |
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Term
| International Criminal Court Procedure |
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Definition
Cases are presented by:
1. The prosecutor of states
2. The prosecutor orders an investigation if the state is a part of the treaty |
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Term
| International Criminal Court Prosecutor |
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Definition
- Oversees the case or investigation. Also received referrals and prosecutes criminals in the Pre-Trail chamber.
- Propriu motu "self-moving" |
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Term
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Definition
- Prosecutor acting as his/her own
- Self-moving |
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Term
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Definition
| Panel of 3 and determines if the case should be launched after seeing the investigation arrest warrants, summons and pleas |
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Definition
| Determines Sentence and Guilt. Cases are open to the public unless confidential information is presented. |
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Term
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Definition
Can be initiated by the prosecutor or the accused on the grounds of:
1. procedural error
2. Error of fact
3. Error of law
4. Any ground that may affect the fairness or reliability of the proceedings of decisions |
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Term
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Definition
| Administrative duties. Arranges legal accommodations like defense lawyers and prison space. |
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Term
| International Criminal Tribunal for Yugoslavia |
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Definition
| Successful: Oversaw the war crimes in the Balkans. Established that individual responsibility falls on the person instigating the crimes against humanity. Established that official positions and responsibilities carried by such does not exclude the person from personal responsibility. |
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Term
| International Criminal Tribunal for Rwanda |
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Definition
| Successful. Prosecuted a head of state and added rape to the list of crimes against humanity. |
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Term
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Definition
| Domestic and international judges and lawyers together in a tribunal. |
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Term
| Aegean Continental Shelf Case (Greece vs Turkey) |
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Definition
Court Incidental Jurisdiction used Provisional Measures
- (Greece requested the Court to impose inter measures to Turkey)
- Court said no, Greece couldn't prove that what Turkey was doing was a a threat of irreparable harm. |
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Term
| Judgement of the International Military Tribunal (Nuremberg) |
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Definition
| first systematic prosecution of war criminals |
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