INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW

DR. DEI SENA-TUTU

NSLP 606

INTERNATIONAL HUMAN RIGHTS LAW

ATTENDANCE (14-05-25, 9:24;)

1. Principles of International Law (Introduction, subjects, sources, relationship with domestic law, enforcement)

International law is the body of law that regulates the relationship between states and between states and non-state actors.

Sources of International law are found under Article 38(1) of the ICJ Statute, and include Treaties (also known as conventions. E.g Bilateral (Two) and Multilateral Treaties (More than two) the Vienna Convention on the law of treaties governs treaties); International Customs (also known as customary international law, refers to practices accepted as binding and state practices (consistent states practice over time) that have been accepted as binding) and opinio juris (the belief that those practices are right); Judicial Decisions, including ones that are more binding than judicial decisions which are General Principles of Law as Recognised by Civilized Nations (these are audi alteram partem, natural justice, actus reus, mens rea); Scholarly Writings and UN General Assembly Declarations which are non-binding as soft laws.

International law dealing with states is enforced through the International Court of Justice (ICJ) basically through state cooperation. International criminal law deals with individuals (thus being the subjects of international criminal law) through the International Criminal Court (ICC), and human right courts and trade matters to the World Trade Organisation (WTO).

Subjects of international law therefore comprises states being the main subject, international organisations (UN, AU, EU, ECOWAS, IMF, WHO, WTO, INGOs such as green peace and amnesty internation, Multinational Corporations like apple, facebook, google, shell, mtn, PLO, etc) and individuals in criminal international law.

State is defined by the Montevideo Convention of 1993 as having a defined territory, capacity to enter into international relations, permanent population, a government.

Read on the UN, UN Security Council, UN General Assembly, ICJ, UN Secretariat, Economic and Social Council, Trusteeship Council. Vienna Convention on the law of treaties governs international treaties. Right to self determination is an ability by a state to request for independence. Enforcement of international law is dependent on state cooperation.

Treaties: Article 24 of Vienna Convention provides that a treaty determines how and when a treaty comes into force, by agreement by the negotiating states, or by fulfillment of certain conditions, where no provision made, it comes into force the moment when the consent to be bound is executed. Article 11 and 12 provides that mere signature does not mean bound until ratified, since signature is a mere intention. Ratification is a consent to be bound by the treaty (Art. 14) Accession refers where a treaty is signed and state comes thereafter to consent to be bound. Signatory is a state which has signed but not ratified and so not yet bound, such a state cannot do anything to derogate from its terms. Reservations are allowed in treaties which are legal declarations not to be bound by some provisions. Reservations are not allowed where its against the purpose of the treaty.