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Introduction This chapter and the next examine various modes of international law- making to investigate the interests and perspectives they support. Here, we describe the law with respect to customary international law, general principles of law and subsidiary sources of law. Chapter 4 looks more specifically at the law of treaties. We deal with the traditional
which the governmental authorities of a state are opposed by groups within that state seeking to overthrow those authorities by force of arms. In accordance with the fundamental principle of customary international law concerning the independence of a sovereign authority, this type of conflict has traditionally been regarded as falling outside the ambit of international law. If a third state considers its interests
by this norm, at least over time, and consent to be bound by this aspirational principle. But it is not likely that the TPNW will evolve in the near future into even a process of customary international law, where those parties non-signatory to a particular treaty can be held accountable against that agreement. As legal observers note, customary international law can be argued
Bibliography on International Law until 1945 and the following works reviewing the literature: A. Rougier, ‘La théorie de l’intervention d’humanité’, Revue générale de droit international public , 17 (1910), 468–97; E. C. Stowell, Intervention in International Law (Washington, DC: John Byrne, 1921); J.-P. L. Fonteyne, ‘The Customary International Law Doctrine of Humanitarian Intervention: Its Current Validity Under the U
Examining a broader spectrum of eight interventions by African states or sub-regional organizations between 1990 and 1998 Levitt concludes that, “African states are largely responsible for spurring new norms of international law relating to the use of force and the customary international law doctrine of humanitarian intervention.” 51 Levitt’s analysis sets out a timeline of African-led interventions that happened before or in tandem with other notable interventions by international bodies justified on humanitarian grounds. African states did not simply localize an
). The regulations laid down in both Hague Conventions on land warfare are by now considered customary international law and are thus binding on all states, even those not parties to these Conventions at the time (Schindler and Toman 1988 : 63). The 1899 Hague Conference also resulted in the drafting of the ‘Martens Clause’, reiterated at the 1907
conventions does not arise’. 33 He concluded that the Geneva Conventions of 1949, 34 the Hague Convention (IV), 35 the Genocide Convention 36 and the Nuremberg Charter 37 were ‘without doubt’ customary international law. 38 Events in Rwanda were not considered to be part of an ‘international’ armed conflict and thus the jurisdiction of the ICTR for violations of the laws
Rights Committee has stated that once people are accorded human rights guarantees, such protection continues to belong to them despite any action by the state to divest them of those rights. 153 Indeed, withdrawal from treaty rights would not remove a state’s obligations under customary international law. Similarly, the drastic step of termination or suspension of a treaty in the case of material breach
‘prohibition of gender-based violence against women has evolved into a principle of customary international law’. 149 Human rights institutions have also developed the concept of transformative reparations for acts of sexual and gender-based violence. 150 These both compensate for harm done and seek to ensure non-repetition, thus redressing inequalities and changing attitudes. WPS resolution 2467 recalls the applicable international
self-defence is not defined in article 51 and customary international law criteria remain applicable. These require the use of force to be necessary, proportionate and reasonable, that there be no alternative course of action, nor time for deliberation. 80 The ICJ clarified some aspects of self-defence under customary international law in the Nicaragua case, setting out two preconditions to the