Political Science 1020E Lecture Notes - International Humanitarian Law, International Criminal Court, Humanitarian Intervention

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Page 1 of 3 (c) Nigmendra Narain, Political Science, Western University
International Law & Peacekeeping
© Nigmendra Narain
International Law
Roman Empire = universal laws
Natural Law = human reason + human nature + proper authority (majestas)
Growth after WWII = UN, etc.
Types:
o Formal public international law = states
o Private international law = private actors (mostly businesses) acting in the
international arena
Tracks of development:
o Lex feranda
o Lex lata
Sources include: treaties, state laws, customs, legal scholarship
Treaties:
o Bind successor governments
o Usually have „escape clauses‟
Many laws/principle derive from the UN Charter and other treaties
o Territorial principle
o Nationality principle
o Embassies (customary)
1997: International Criminal Court > 2008
o Prosecute individuals for crimes against humanity
o International Criminal Law: “complex set of norms and conflict-resolving
mechanisms adhered to by sovereigns within a particular jurisdictional unit,
through agreement or the use of sanctions
o International Humanitarian Law: “laws designed specifically to limit the harm to
non-combatants during wartime”
Enforcement?
o States enforce on states?
o War?
o Sanctions?
o Does IL reflect the cultural practices of particular societies/states?
Conflict Management
Most conflicts in global politics are resolved without/ahead of violence
Various techniques exist for preventing, managing and ending conflicts
Peacekeeping
UN is one of many peacekeeping organizations in the world now
UN peacekeeping:
o Coined in 1956 during the Cold War
o 1948-2008: 63 missions
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Document Summary

Natural law = human reason + human nature + proper authority (majestas) Types: formal public international law = states, private international law = private actors (mostly businesses) acting in the international arena. Tracks of development: lex feranda, lex lata. Sources include: treaties, state laws, customs, legal scholarship. Treaties: bind successor governments, usually have escape clauses . Many laws/principle derive from the un charter and other treaties: territorial principle, nationality principle, embassies (customary) 1997: international criminal court > 2008: prosecute individuals for crimes against humanity. International criminal law: complex set of norms and conflict-resolving mechanisms adhered to by sovereigns within a particular jurisdictional unit, through agreement or the use of sanctions . International humanitarian law: laws designed specifically to limit the harm to non-combatants during wartime . Most conflicts in global politics are resolved without/ahead of violence. Various techniques exist for preventing, managing and ending conflicts. Un is one of many peacekeeping organizations in the world now.

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