Current Legal Issues: The Use of Force in International Law

1. Current Legal Issues: The Use of Force in International Law Historical foundations

2. Introduction • Classical Greece (ie. From around the 6th century BC to about the 3rd century BC) has been very important to European thought • A love of knowledge, constant questioning & analysis of man and nature were common themes in Ancient Greece • This was spread throughout Europe by Greece and then by Rome (which adopted Greek culture and learning) • See Shaw at pp16-18 for more details

3. Ancient Greece • What was “ancient Greece”? • A civilisation based around Athens that lasted from approximately 8th/6th century BC – 600AD • The ancient Greeks belonged to an individual city-state (a polis) • Many treaties linked the city-states together • Rights were often granted to the citizens of the states in each other’s territories • Rules for protecting diplomatic envoys were developed • Rules regarding the declaration of war were developed • BUT there was no overall system of international law • Note: people who were non-Greek were viewed as ‘barbarians’ and were not entitled to the benefit of any of the Greek laws

4. Ancient Rome • What was “ancient Rome”? • A civilisation, centred on Rome, that lasted from approximately 510BC – 480AD • The Romans had great respect for the law and for organisation • The first Roman “laws” were established in the Twelve Tables around 439 BC – laws written on tablets and displayed in the Forum for all to read • The Twelve Tables came about because of the Plebians’ demands for a written code (so that magistrates wouldn’t apply the law arbitrarily) • Later, law was a means to unite and organise the various parts of the huge Roman Empire • Early Romans developed the jus gentium(which later became known as ‘the law of nations’), although originally it applied only to Roman citizens

5. Ancient Rome • Early Romans embraced “Natural Law”: • a body of rules of universal relevance • Rational and logical rules • Not restricted to any group – of worldwide relevance • Human powers of logic and deduction (reasoning) to be used to “discover” the law • This is the basis of modern international law

6. Ancient Rome continued… • The Roman laws were put together into the Corpus JurisCivilisin around 534 AD • This collating (bringing together of the laws) was ordered by Emperor Justinian I • After the fall of the Roman Empire, the Roman laws were largely forgotten until around the 11th century – Italy, University of Bologna set up to study the body of Roman laws • Roman law became popular again – was introduced or adopted into virtually all European countries • Today: the civil law of Europe is heavily based on the ancient Roman law • Even the common law system of England was influenced: many terms in UK law are still Latin (ie. originally from Rome)

7. The Middle Ages • What were “The Middle Ages”? • The period in European history from the 5th to the 15th century AD • From the fall of the Roman Empire until the beginning of the Renaissance & the Age of Enlightenment • This “middle” period is sometimes called “The Middle Ages”, sometimes “medieval” • The power of the Church in Europe increased • Religious laws gained importance (“canon law”) • The Law Merchant(or lexmercatoria in Latin) was developed during the Middle Ages • It consisted of rules and customs that traders in Europe agreed upon • The Law Merchant was like and international law of business – it was a code, applicable to foreign traders, of universal application • The Law Merchant was gradually replaced by national laws, but some of it remains alive today

8. The Renaissance • What was “The Renaissance”? • From the 14th-17th centuries • Began in Italy • Literally means “rebirth” • Return to classical Greek and Roman ideas • This period saw many important developments: • The invention of the printing press – a way to disseminate knowledge • The rise of the nation-states of England, France & Spain • An international community emerged • Decline of the Church, rise of ‘free-thinking’ • Doctrine of ‘sovereignty’ emerged

9. The doctrine of ‘sovereignty’ • What does this word mean? • “Supreme power or authority” • Supremacy of authority or rule as exercised by a sovereign or sovereign state. • The idea was first discussed by Jean Bodin (1530-1596) in 1576 • Bodinsaid that there must be a sovereign power, within the state, to make laws; that sovereign power would be the supreme legislator • This idea, in time, gave states supreme power in relation to other states – each state was ‘above the law’ • The concept of ‘sovereign states’ is usually dated to the signing of the Peace of Westphalia in 1648 when the modern ‘sovereign state’ was born

10. The 19th century • International law became ‘Euroentric’ • That means, focusing on European culture and history, to the exclusion of a wider view of the world • Democracy spread: individuals had a greater say in government • Nationalism: popular, especially with the unification of Germany and Italy • International law grew rapidly, international treaties and institutions also grew • International Committee of the Red Cross was founded in 1863 (responsible for the ‘Geneva Conventions’ and the humanization of conflict)

11. The 20th century • The First World War 1914-1918: led to self-questioning • The League of Nations was established, headquarters in The Hague, but it mainly consisted of European powers (the USA and the USSR remained absent for most of the League’s existence) • The League of Nations failed to stop major conflicts from breaking out, ultimately it was a failure • Permanent Court of International Justice was established in 1921 (later the ICJ was established in 1946)

12. The 20th century continued… • The Second World War (1939-1945) led to the establishment of the United Nations (UN), the successor to the League of Nations • Headquarters in New York – a shift away from the previous centre of power (Europe) • Trends that began in the 19th century continue today: a vast increase in the number of international agreements and customs, development of international organisations that have continued to contribute to development of international law