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paradox of international law:

paradox of international law:. attempt to impose rules of behavior on entities that not accept exists authority higher than themselves. What is a sovereign state?. A. CLAIM B. ability to ENFORCE C. RECOGNISED. WAS IRAQ WAR “LEGAL”?. SC 678 SC 687 SC 1441 US & UK: i. 1441 authorization

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paradox of international law:

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  1. paradox of international law: attempt to impose rules of behavior on entities that not accept exists authority higher than themselves

  2. What is a sovereign state? A. CLAIM B. ability to ENFORCE C. RECOGNISED

  3. WAS IRAQ WAR “LEGAL”? SC 678 SC 687 SC 1441 US & UK: i. 1441 authorization ii. a. 51 France & Russia: i. only SC take action ii. a. 51 “armed attack”

  4. INTERNATIONAL LAW “The body of rules and general principles of action accepted by civilized nations as binding on their actions” (ICJ) PRIVATE PUBLIC

  5. SOURCES OF IL: 1. treaty 2. consensus 3. natural law pacta sunt servanda Universal Human Rights

  6. Municipal (domestic)legal systems common law civil law theocratic law

  7. INTERNATIONAL vsMUNICIPAL LAW 1. making 2. adjudication 3. enforcement

  8. ICJ all members UN automatically members states not have to accept jurisdiction “optional clause”

  9. IL and WAR 1. jus ad bellum 2. just in bellum Geneva Conventions 1949 i. proportionality ii. war crimes

  10. IL & INDIVIDUALS Nuremburg & Tokyo “crimes against peace and humanity” “conspiracy to wage aggressive war” natural law sovereign immunity Can individuals claim immunity for things they did as head of state or in the name of the state?

  11. Gonzales Doctrine 1. torture criminal offense 2. President obliged do whatever necessary national security 3. law that infringes on 2. unconstitutional 4. sovereign immunity 5. torture permissible DoJ memo 8/1/02

  12. HOW IS IL APPLIED TO INDIVIDUALS NOW? 1. agreements make domestic law 2. tribunals 3. permanent court ICC 4. corporations 5. issues: Who compensate? How far back?

  13. Paradox resolved? 1. State sovereign immunity 2. Individuals may not 3. Individual immunity only for actions legitimate functions of the office 4. IL may constrain states by acting against individuals

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