Sources of int law
- International Conventions
- General principles of law recognized by civilized nations
- National and international court decisions
- Writing of legal authorities
Purpose of Int Law
- Mechanism for settling disputes
- Protecting state from each other
- Protects the S.Q.
- Legitimizes the use the force by a government to maintain order
Limits of Int Law
- No world legislature that can make binding rules
- No authoritative judicial body
- No executive body to enforce rules
- No systematic method of amending and revoking treaties
- Tool of the powerful to oppress the weak
- State sovereignty limits international law
Core principles of Int Law
- Sovereign equality
- Diplomatic immunity
- Crimes against humanity
- Diplomatic recognition
- - de jure
- - de facto
Ethics, Morals, Inter Politics
- No single value system is dominant throughout the world therefore no ethical or moral precept would be shared across different cultures.
- There are no absolute objective standards by which to judge.
- The just-war tradition begins with a strong presumption against the use of force.
- It establishes the conditions when this presumption may be overridden for the sake of preserving the kind of peace which protects human dignity and human rights.In a disordered world, where peaceful resolution of conflicts sometimes fails, the just-war tradition provides an important moral framework for restraining and regulating the limited use of force by governments.
- The rules of war are philosophically based on morals and ethics
- Just ad Bellum
- Jus in Bello
A just war was only fought in self-defense to punish the damages caused by blatant act of armed aggression
Just ad Bellum
- The justice of warTo be deemed just, a war can only be waged for a “just cause”
- Marxists – a war undertaken to redress the unjust economic order is just.
- Leninists – a war undertaken for the causes of communist revolution is justReligion - (Christian and Muslim) thinkers, a war undertaken to convert unbelievers or exterminate infidels is just
Jus in Bello
- Justice in WarWars would, by their nature, tend to become absolute in the sense, that the use of force would be unlimited and the only objective is military victory
- Is there justice in war?
When wars can be fought under Just-War Doctrine
- Last resort
- Morally defensible cause
- Declaration by legitimate authority
- Not waged for revenge
- Negotiations to end the war are ongoing
- Civilians not attacked
- Goal is to re-establish peace and justice