International law take home exam, The exam is attached, all the instructions are attached below you just have to key word the questions, If u take anything from the slides make sure you add the chapter and slide number, also there is 4 short questions at
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20190415200029chpt_7_other_international_legal_subjects.pptmChpt 7 Cassese
Other International Legal Subjects
What is the purpose of the chapter?
To describe how IL intersects with other international actors (not just States)
Who these international actors are and the rights they have
Traditional IL= States and sui generis entities
Modern IL= insurgents, national liberation movements, international organizations, and individuals
7.1 Insurgents
Who are insurgents?
Groups of political and military dissidents who are engaged in armed conflict against a state, who seek revolution or succession, and control a modicum of territory
Why do insurgents seek recognition from the world community?
Legitimacy, aid, IL rights
7.1 Insurgents
How do States typically prefer to handle insurgents?
Domestically
Common criminals
International recognition of insurgents will just bolster the insurgents, making them more dangerous
Why might the international community withhold recognition of an insurgency?
Because the insurgency may spread across borders (Africa, poor borders do not reflect natural divisions)
Encourage other nationalist/religious groups to seek independence (possibly in their own countries)
7.1 Insurgents
While rather unclear, what criteria is used in IL to determine if an insurgent group is eligible for international recognition?
1) Rebels have effective control over some part of the territory
2) Civil commotion should reach a degree of intensity and duration
not just riots, sporadic violence
IF—insurrection is widespread and protracted in time and rebels come to control part of the territory– they may be given recognition of insurgency
7.1 Insurgents
US President Grant gave a list of ways in which a state may determine if international recognition of an insurgency is proper.
Belligerency is a fact, not to be decided by sympathies or prejudices against either side
Relationship is one of war, between the group and state
Fighting alone does not constitute an insurgency….need military forces who behave w/ rules and customs of wars
Flags, exchange of prisoners, respect for civilians,
Insurgency must show that they have a de facto political organization capable of carrying out duties of a state
7.1 Insurgents
Once the State the insurgent is fighting or another 3rd party State grants them recognition then the conflict upgrades to an international status and insurgents enjoy ALL the rights and obligations of a State (rules of warfare)
Problem—many differences in the international community may lead some to recognize an insurgency quickly, even before they meet all these standards….while others may meet the standards and still not receive recognition
7.1 Insurgency
Why might some States recognize insurgencies too early?
Share similarities to insurgent group
Dislike State
Have nationals in the territory controlled by the insurgency
Humanitarian concerns
IL—States are authorized to provide assistance of any kind to the ‘lawful government’ and duty bound to refrain from supplying or assisting rebels
Sui Generis Entities
What are sui generis entities?
IL actors that are not States, but retain specific rights and obligations to the international community
What characteristics do sui generis share?
Have acquired legal status on account of specific historic circumstances
Do not necessarily possess any distinct territory
Very limited international personality
Sui Generis Entities
Who are the Sui Generis the text presents?
Holy See
Sovereign order of Malta
International Committee of the Red Cross (ICRC)
Sui Generis Entities
Who is the Holy See?
Vatican State
Head—Pope
Able to make international agreements called ‘concordats’ to regulate the treatment of Catholics or Catholic institutions by the contracting party
Observer Status at UN
Diplomatic Relations—sends and receives diplomats
Sui Generis Entities
Who is the Sovereign Order of Malta
SOM
Was the island of Malta 1530-1798 Napoleon’s invasion pushed them out.
Since 1834 recognized in a building in Rome
International presence traditionally its humanitarian role
Run hospitals, casualty units, charitable institutions and relief organizations
Diplomatic relations, and sovereign immunity
Sui generis entities
Who is the ICRC?
Established in 1863 in Switzerland
Fulfill humanitarian missions in times/places of conflict
Work to draft multilateral treaties on armed conflicts
Work in crises areas to support civilians
Has the right to offer humanitarian services (normally provided by a state) and the relevant belligerant is legally bound to accept
ICRC has no territory, headquarters are inviolable in Geneva, makes treaties or conventions with States
7.3 The Reasons behind the Emergence of new international subjects
What are the reasons behind the emergence of new international subjects?
Expediency and practicality
Collective good (mutual interests/common goals), need cooperation to achieve
Who are these new subjects:
International Organizations
National Liberation Movements
Individuals
7.4 International Organizations
Why form an international organization?
To pursue common interests
International organizations are said to be ancillary subjects in international law. Why, what does it mean to ancillary?
IOs are but instruments in the hands of States
IOs cease to exist when the various groups that created them decide to end them
7.4 International Organizations
International organizations are said to be governed by the ‘principle of specialty’. What does this mean?
IOs are created by States to perform a specific function, they have specific powers or international roles
Serve the common interest of the States which created them
7.4 International Organizations
Do some international organizations have the power to organize and structure their own personal affairs…such as employment matters?
Yes
Contemporary IOs serve five different purposes, what are these and can you give an example?
Political relations—UN, OAS, Council of Europe, AU, League of Arab State,
Military relations—NATO
Economic cooperation—WTO, IMF, WB
Cultural Relations—UNESCO
Social cooperation—ILO, FAO
7.4 International Organizations
Not all IOs possess international legal personality. What is the test for determining whether or not they are international subjects?
1) Must be shown that member States intended for the IO to be an autonomous body
Written in the constitution/charter/treaty of IO
Fact that decisions of IO do not need unanimous support, but just majority
2) Necessary for the IO in actual fact enjoy autonomy from member States
Act autonomously as an international member
Advisory Opinion 1949 on Reparation for Injuries Suffered in the Service of the UN---ICJ
7.4 International Organizations
What rights do IOs have in International Law?
1) Right to enter into international agreements with non-member States on matters w/in the IOs province.
2) Right to immunity from jurisdiction of State courts for acts and activities performed by the organization.
3) Right to protection for all the organization’s agents acting in the territory of a third State in their official capacity as international civil servants.
4) Right to bring an international claim…obtain reparation for any damage caused by member States or third States to assets of the organization or officials acting on behalf of the organization.
7.4 International Organizations
Do IOs have enforcement powers?
Not really
What can it do to delinquent States?
Suspend them from participation or voting
Expel it from the IO
7.5 National Liberation Movements
This class of international subjects is given to organized groups fighting on behalf of a whole people under three conditions. What are these conditions?
For people under:
Colonial powers
Racist Regimes
Alien Occupation
What is the chief principle to which international legitimation of their group is based?
Principle of Self Determination
7.5 National Liberation Movements
Like insurgents, do these groups need to have effective control over a territory in order to be considered a National Liberation Movement?
No------they aspire to control a territory
They do not have to control a territory…they are given the status of National Liberation Movement based upon their political goal of self determination
To free themselves from:
Colonial domination
Racist regime
Alien occupation
7.5 National Liberation Movements
Are third party States banned from assisting National Liberation Movements?
No
What types of aid can States give National Liberation Movements?
Humanitarian
Economic
Military assistance (short of armed troops)
Can States support the State denying self-determination?
No, they are duty bound not to support these States
7.5 National Liberation Movements
Why may it be important for National Liberation Movements to have a representative organization/government?
So they can be recognized as an international subject, with all the corresponding rights and obligations
7.5 National Liberation Movements
What are the rights and duties of an organized National Liberation Movement?
1) Right to self-determination
2) Right and obligation to conduct of rules of war
3) Rights and obligations deriving from rules on treaty making
4) Right to claim respect/diplomatic treatment for persons acting in their official capacity as organs of the people’s representative structure
7.6 Individuals
In the traditional IL era, did individuals have many rights, protections provided by the International Community? (Generally speaking)
No
Individuals were subjects of States….did not have International rights
7.6.2 Individuals
Today, individuals feature specifically given protections or rights in this area?
Armed Conflict
What are some of these rights?
States and individuals are obligated to follow the rules of warfare, ie refrain from:
Crimes against humanity, genocide, terrorism, torture
If they do not they are subject to the punishment of international crimes
7.6 Individuals
What to do if there is a violation? Who (individuals, States, IOs) are supposed to seek justice?
Debatable
Some argue that only States have the power to enforce these laws…and that individuals do not have the power to address these violations internationally
Some argue that individuals have procedural rights to initiate international proceedings before an international body—especially against States that have agreed to this through treaties
Typically, use national courts
NOW, can bring attention of the crimes to Prosecutor of International Criminal Court (ICC)
