The Crime of Aggression and the Prohibition of the Use of Force—Reflections on the Relationship between the Rome Statute and General Public International Law

2021 ◽  
pp. 171-205
Author(s):  
Michael Lysander Fremuth
Keyword(s):  
International Law ◽  
General Public ◽  
Rome Statute ◽  
Use Of Force ◽  
Public International Law ◽  
The Relationship

Public International Law: Is It Fit For Purpose?

2007 ◽  
Vol 7 (2) ◽  
pp. 113-123 ◽  
Author(s):  
Gillian Triggs
Keyword(s):  
Human Rights ◽  
International Law ◽  
Use Of Force ◽  
Prisoners Of War ◽  
Collective Security ◽  
Public International Law ◽  
Fit For Purpose ◽  
The Relationship

AbstractThis paper by Professor Gillian Triggs seeks to explore whether the traditional principles of public international law are ‘fit for purpose’ in responding to such contemporary threats to collective security by reference to three issues: the regulation of the use of force; the need to balance the sovereign rights of states with humanitarian concerns; and the relationship between human rights and the orthodox rules applicable to prisoners of war and security detainees.

Part II The Relationship to Domestic Jurisdictions, 12 The Frog that Wanted to Be an Ox: The ICC’s Approach to Immunities and Cooperation

2015 ◽  
Author(s):  
Jacobs Dov
Keyword(s):  
International Law ◽  
Rome Statute ◽  
United Nations Security Council ◽  
Genocide Convention ◽  
Complex Relationship ◽  
State Party ◽  
Public International Law ◽  
Customary International Law ◽  
The Relationship ◽  
State Cooperation

This chapter addresses the relationship between immunities and the requirements of state cooperation in cases where the person prosecuted is a national of a non-State Party (e.g. Al Bashir). It examines the complex relationship between Articles 27 and 98 of the Rome Statute and the manner in which they comport with clearly established norms of public international law. The chapter highlights a number of possible legal avenues to circumvent the obstacle posed by immunities, which include reference to customary international law, analysis of the powers of the United Nations Security Council, and the Genocide Convention. It argues that all these solutions have a number of flaws that are difficult to overcome.

Foreign act of state and empire

2020 ◽  
Vol 71 (2) ◽  
pp. 135-155
Author(s):  
Courtney Grafton
Keyword(s):  
Seventeenth Century ◽  
International Law ◽  
British Empire ◽  
Legal Reasoning ◽  
Public International Law ◽  
Sovereign Equality ◽  
English Law ◽  
The Relationship

The judicial restraint limb of the foreign act of state doctrine is presented as a time-worn doctrine dating back to the seventeenth century. Its legitimacy is indelibly wedded to its historical roots. This article demonstrates that this view is misguided. It shows that the cases which are said to form the foundation of the judicial restraint limb primarily concern the Crown in the context of the British Empire and are of dubious legal reasoning, resulting in a concept trammelled by the irrelevant and the obfuscating. It has also unnecessarily complicated important questions relating to the relationship between English law and public international law. This article suggests that the judicial restraint limb of the foreign act of state doctrine ought to be understood on the basis of the principle of the sovereign equality of states and conceptualised accordingly.

1. Foundations and structure of international law

2019 ◽  
pp. 1-20
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Legal System ◽  
Historical Overview ◽  
Public International Law ◽  
Legal Rules ◽  
System P ◽  
Rules And Principles ◽  
The Subject ◽  
International Legal System ◽  
The Relationship

This chapter introduces the subject of public international law and provides an overview of its most important elements. It begins with a brief historical overview of international law. It then presents the international legal system consisting of different structures of legal rules and principles; discusses the basis of international legal obligation; offers a brief overview of the relationship between international law and national law; and deals with the issue of enforcement. The chapter concludes with some remarks about the alleged inadequacies of international law and the tension between notions of justice and order that is so prevalent within the international legal system.

The Relationship between State Sovereignty and the Enforcement of International Criminal Law under the Rome Statute (1998): A Complex Interplay

2009 ◽  
Vol 9 (3) ◽  
pp. 531-545 ◽  
Author(s):  
Manuela Melandri
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Rome Statute ◽  
International Criminal ◽  
Current System ◽  
Specific Aspect ◽  
Criminal Court ◽  
International Criminal Law ◽  
State Sovereignty ◽  
The Relationship

AbstractThis article explores the relationship between state sovereignty and the enforcement of international criminal law under the Rome Statute of the International Criminal Court. This doing, it attempts to map out the ambivalent and sometimes contradictory roles that different typologies sovereignty play in advancing or hindering the enforcement of international criminal law. After a brief survey of the literature on the debate over 'international law vs. state sovereignty', the paper focuses on one specific aspect of the newly established ICC: the conditions for case admissibility. The analysis will show that the relationship between state sovereignty and international criminal justice is a dynamic and complex one, which needs to be understood and contextualized within the current system of international relations.

States' entitlement to take action to enforce international humanitarian law

1989 ◽  
Vol 29 (270) ◽  
pp. 177-195 ◽  
Author(s):  
Kamen Sachariew
Keyword(s):  
International Law ◽  
Armed Conflict ◽  
Human Life ◽  
Use Of Force ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Lasting Peace ◽  
The Relationship ◽  
Ultimate Purpose

The ultimate purpose of dissemination of and compliance with international humanitarian law (IHL) is to mitigate the effects of armed conflict and provide the best possible protection for its victims. At the same time, IHL fosters wider acceptance of the ideals of humanity and peace between peoples. The relationship between IHL, the struggle for peace and the prohibition of the use of force is becoming ever clearer as the realization grows that lasting peace, development and peaceful international co-operation can be achieved only on the basis of compliance with international law and respect for human life and dignity.

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