International law

• International Court of Justice


  Considered to be the principal judicial organ of the United Nations. It hears disputes between states and provides advisory opinions on legal questions referred to it by the UN and its specialized agencies.
• Advisory proceedings


  1. Request for an advisory opinion addressed to the Secretary-General

  2. Consideration of the request

  3. Provision of the advisory opinion
• Contentious cases


  Disputes between states that the Court has jurisdiction to hear and issue binding rulings on
• International Criminal Court (ICC)


  Established in 2002 to prosecute individuals for genocide, crimes against humanity, war crimes and the crime of aggression. It has no police force or enforcement mechanism of its own.
• International Criminal Court


  • Deals with cases against individuals, not states
  • Prosecutes individuals for crimes such as genocide, crimes against humanity and war crimes
• The ICC was established by a multilateral treaty, the Rome Statute, which entered into force in 2002.
• The ICC has no police force or enforcement mechanism of its own.
• Terra nullius


  Land belonging to no one, which can be claimed by a sovereign state
• Jus ad bellum


  The law governing the right to use force (e.g. self-defense, UN Security Council authorization)
• State jurisdiction


  • Territorial jurisdiction: a state has criminal jurisdiction if a crime is committed within its territory
  • Nationality jurisdiction: a state may choose to exercise jurisdiction over its nationals, wherever the crime is committed
• Territorial jurisdiction


  • The Lockerbie bombing case, where a bomb was placed on a Pan Am flight departing from the UK
• Universal jurisdiction


  The idea that some crimes are so serious that all states have an interest in their prosecution, regardless of where the crime was committed or the nationality of the perpetrator or victim
• Protective jurisdiction


  A state has the right to exercise jurisdiction when a crime has been committed abroad that threatens its national security or other vital interests
• Passive personality jurisdiction


  A state may exercise jurisdiction over a crime committed abroad if the victim is a national of that state
• State immunity


  The legal principle that a state and its officials are not subject to the jurisdiction of foreign national courts
• Persona non grata


  An unwanted or unaccepted foreign diplomat
• Immunity ratione personae


  Serving heads of state enjoy absolute immunity from the criminal jurisdiction of foreign courts
• Immunity ratione materiae


  Former heads of state are entitled to functional immunity from the criminal jurisdiction of foreign courts for acts performed in an official capacity