Welcome to the World of International Law!
Hello! This chapter on International Law might sound complicated, but it is one of the most important aspects of Global Citizenship. It’s essentially the set of rules countries agree to follow when dealing with each other.
Why study this? Because understanding these global rules helps you see how rights are protected (or sometimes fail to be protected) worldwide. It shows the shift from purely national power to a system of global governance. Let's break it down!
1. Origins, Development, and Role of International Law
What is International Law?
International Law is the body of rules, treaties, and agreements that governs the relationships between sovereign states and other international actors (like the UN or NGOs).
A Shift Towards Global Rules (Origins and Milestones)
For centuries, countries believed in absolute sovereignty—meaning they had the right to do whatever they wanted within their borders without outside interference.
The origins and development of international law gained major momentum after huge global conflicts, which acted as significant milestones:
- Origin: The idea began long ago, but it solidified in the 19th and early 20th centuries, mostly dealing with war, trade, and diplomacy.
- Milestone 1: The establishment of the League of Nations after World War I (WWI). Although it failed, it showed the urgent need for a collective security system.
- Milestone 2: The founding of the United Nations (UN) after World War II (WWII). The UN Charter is a foundational document of modern international law.
- Milestone 3: The drafting of documents like the Universal Declaration of Human Rights (UDHR) in 1948, creating globally recognized standards for how governments must treat their citizens.
The Core Role of International Law
The primary role of international laws, institutions, and agreements is straightforward:
To protect the rights and freedoms of people globally.
Analogy: Think of international law as the global traffic rules. Without them, every country (driver) would cause chaos, making life unsafe for everyone (the passengers/citizens).
- It governs relations between states.
- It emerged due to the horrors of major conflicts (WWI, WWII).
- Its main job is safeguarding human rights worldwide.
2. The Fundamentals of International Treaties
Understanding Treaties
International law is not created by a single global parliament. Its main sources are agreements, principles, and customs. The most important source is the Treaty.
A treaty is a formal, written agreement entered into by sovereign states. Don't worry if this seems tricky—it's just a contract between countries!
How Treaties Work: Contractual and Law-Making
Treaties have two fundamental functions:
1. Contractual (Binding Agreement)
This is where two or a small number of states agree on specific mutual obligations, similar to a business contract.
Example: A treaty signed between two neighbouring countries to manage shared water resources.
2. Law-Making (Creating Global Standards)
When a very large number of countries sign and ratify a treaty (meaning they formally agree to be bound by it), that treaty starts to set a new rule or standard for the entire global community.
Example: The Geneva Conventions, which define how soldiers and civilians must be treated during wartime.
A country signs a treaty, showing intent, but it only becomes legally binding for that country once its own national legislature (like its parliament) approves or ratifies it.
3. Key Institutions of International Law
International laws are meaningless without institutions to enforce, interpret, and apply them. You must know the difference between these major courts!
A. The International Courts (Global Level)
The International Court of Justice (ICJ)
The ICJ is the principal judicial organ of the UN. Its role is strictly focused on settling disputes between states.
- Who sues who? Country A vs. Country B.
- What is their role? It advises on legal questions referred by UN organs and settles disputes over borders, treaties, and state responsibility.
- Memory Aid: ICJ stands for Justice between Jurisdictions (countries).
The International Criminal Court (ICC)
The ICC is a permanent court focused on prosecuting individuals for the most serious crimes of international concern.
- Who sues who? The ICC vs. an individual leader or war criminal.
- What is their role? It deals with genocide, war crimes, crimes against humanity, and the crime of aggression.
- Crucial Distinction: The ICC deals with people; the ICJ deals with countries.
Did you know? Both the ICJ and the ICC are based in The Hague, Netherlands, which is often called the "City of Peace and Justice."
B. European Courts (Regional Level)
Within the European continent, there are two crucial courts focused on regional laws and rights:
The European Court of Human Rights (ECHR)
The ECHR is not a court of the European Union (EU). It was set up by the Council of Europe to ensure that member states abide by the European Convention on Human Rights.
- What is their role? Individuals can take their own state to the ECHR if they believe their fundamental rights (like freedom of expression or the right to a fair trial) have been violated.
The European Court of Justice (ECJ)
The ECJ is the supreme court of the European Union (EU).
- What is their role? It ensures that EU laws (which cover things like trade, competition, and economic development within the EU) are applied uniformly across all EU member states.
- ICJ: Countries suing countries (UN).
- ICC: Prosecuting individuals for severe crimes (War crimes).
- ECHR: Protecting individual human rights in Europe (Non-EU).
- ECJ: Enforcing EU economic and trade law (EU only).
4. Non-State Actors and Campaigning for Change
International law might seem like it's only for presidents and judges, but global citizens play a huge role in its development.
The syllabus requires you to recognize the importance of non-governmental organisations (NGOs), charities, and social movements.
NGOs and Social Movements: Driving Change
NGOs (like the Red Cross or Amnesty International) are critical in pushing for changes or the introduction of new elements in international law. How do they do this?
1. Raising Awareness
NGOs conduct extensive research and publicize human rights abuses, environmental crises, or conflicts where current international law is failing. By making these issues known worldwide, they pressure governments to act.
2. Campaigning for Treaty Change
They lobby governments directly during the drafting of treaties or work to encourage more states to ratify existing agreements. Example: Social movements, sometimes made up of millions of people, successfully campaigned for the establishment of the ICC, forcing states to negotiate its founding treaty.
3. Monitoring and Accountability
NGOs monitor whether governments are actually following the international agreements they signed (like human rights conventions). This data is then used to hold states accountable in international forums.
Key Takeaway: While states create international law, NGOs, charities, and social movements provide the moral pressure and expertise needed to improve those laws and ensure they are applied fairly. Your own citizenship action project could link to this by campaigning for a new law or raising awareness of an existing one!
End of Section Summary
International law provides a framework for order in a globalized world, balancing state sovereignty with the collective need for peace and protection of human rights. Understanding the roles of institutions like the ICJ and the ICC is vital, as is recognizing that pressure from ordinary citizens and NGOs is what keeps this legal system evolving and relevant.