International law prohibits the use of force and defines what is acceptable self-defense; it regulates the treatment of enemy soldiers and prisoners of war; it imposes obligations on governments with respect to the treatment of their own citizens; it creates remedies for states and individuals whose rights are violated; it regulates trade, finance and environmentally sensitive activities; it prohibits discrimination on the basis of gender and race and sets minimum standards for the administration of the death penalty.

International law therefore plays an important role in international relations, domestic politics and the development of political culture. Conversely, international law is heavily influenced by the political, social and cultural context in which it develops. This makes it sometimes difficult to define its exact boundaries. What do we mean by “International Law”? Even the definition of the subject of our course raises controversy. Black’s Law Dictionary defines  International Law as “Rules and principles of general application dealing with the conduct of nations and of international organizations…” (quoting the Restatement F.R.). This invites more questions: which rules and principles are applied sufficiently generally to warrant inclusion under the rubric of international law ? Who decides? What effect if any do these rules and principles actually have on international behavior? What is the sanction for violating them? Who enforces them? The uncertainty surrounding the nature of international law and its practical impact is reflected in the descriptions of international law proposed by observers of different persuasion. Hans Morgenthau, the dean of American international relations “realists”, admitted that something called international law existed but pointed out that this did not mean it was effective in regulating and restraining the struggle for power on the international scene. He concluded that “international law is a primitive type of law, resembling the kind of law that prevails in certain preliterate societies…”. On the other hand, Louis Henkin, a leading international law scholar, noted that “almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time”.

The course will allow us to consider these different assessments and hopefully form a view of our own. We will look at how the idea of a body of international laws has developed over time, we will review the principal sources of these laws and how the laws and their interpretation have evolved over time. We will analyze the system of constraints and incentives that these rules have created and their effect on international actors who can choose to ignore them but cannot do so always nor without costs. This will require us to focus on the relationship between legal obligations and the self-interest of states and international decision makers in general. We will try to understand the principal causes behind these actors’ “routine” compliance with international rules and identify those factors that best explain non-compliance.

-          The nature and history of International Law

-          The sources and key principles of International Law

-          The role of states and other subjects of International Law

-          Breaches of International Law and enforcement options

-          The United Nations: preserving peace and promoting human rights

-          Jus ad bellum: when is the use of force allowed under International Law

-          Humanitarian intervention

-          Human rights under International Law

-          Jus in bello: restrictions and obligations to be observed in war

-          Crimes against humanity and international criminal tribunals

-          International Law and transnational terrorism

-          Arms control agreements and non-proliferation treaties

The course in intended to introduce us to international law and allow us to better appreciate its role in shaping events.  In particular we hope to:
 
A)    Acquire a good understanding of the basic concepts used in public international law;

B)    Develop the ability to use international law principles and rules to build arguments in favor and against the legality of certain types of international behavior:

C)    Become able to evaluate the interplay between legal claims and power relations at the international level; and

Unit 1

Introduction to International Law

“International Law”, by Antonio Cassese (Oxford University Press, Second Edition) (“IL”), Chapter 1, pp.3-12.

Unit 2

The History and Development of international Law

IL Chapter 2

Unit 3

The Sources of International Law

“Textbook on International Law”, by Martin Dixon (Oxford University Press, SIXTH Edition), Chapter 2 (you can skip paragraphs 2.1.1, 2.1.2, and 2.2.1

Unit 4

States as the Principal Subjects of International Law

IL Chapter 4

Unit 5

Territorial Rights, Jurisdiction and the Law of the Sea

IL Chapter 5

Unit 6

1. Other Subjects of International Law

   1. Selected readings

2. Immunities: Sovereign, Functional and Personal

   1. IL Chapter 6

Unit 7

Customary International Law

IL Chapter 8

Unit 8

Treaty Law

IL Chapter 9

Unit 9

Peremptory Norms of International Law: JUS COGENS

IL Chapter 11

Unit 10

Implementing International Law in Domestic Legal Systems

IL Chapter 12

Unit 11

When States are Responsible for Wrongful Acts

IL pages 241-262

Unit 12

1. The Obligation to Settle Disputes Peacefully

   1. IL pages 278-289

2. Self-help: Retortion, Reprisals, etc.

   1. Selected readings

Unit 13

The United Nations Charter

IL Chapter 16

Unit 14

Collective Security and the Use of Sanctions

IL Chapter 17

Unit 15

MIDTERM EXAM

Unit 16

The Right to Use Force Under International Law: JUS AD BELLUM

IL Chapter 18

Unit 17

Restrictions on the Type and Degree of Violence Permissible in War: JUS IN BELLO

“War Law”, chapter 5 of “Crimes Against Humanity: The Struggle For Global Justice”, by Geoffrey Robertson (Penguin Books, FOURTH Edition 2012) (“CAH”), pages 246-288

Recommended additional readings from “Humanitarian Law and Religions” (2009):

Mohammed Amin Al-Midani, “Human dignity and war: the Islamic perspective”

Abramo Alberto Piattelli, “Human dignity and war: a Jewish perspective”

Mary Thengavila, “Human dignity and war: the perspective of the great Indo-Asiatic religions”

Unit 18

Human Rights and International Law

IL Ch. 19

Unit 19

The Death Penalty and Human Rights Laws

CAH pages 137-156

Unit 20

Humanitarian Intervention as a Permissible Use of Force?

“The Guernica Paradox: Bombing for Humanity”, Chapter 11 of CAH, pages 728-755

Unit 21

Is There a Responsibility to Protect All People from Crimes Against Humanity?

CAH pages 755-783

“The Scope and Limits of the Responsibility to Protect”, Chapter 3 of “The Responsibility to Protect: Ending Mass Atrocity Crimes Once and For All”, by Gareth Evans (Brookings Institution Press) (“R2P”).

Unit 22

The Pillars of the Responsibility to Protect Doctrine

R2P pages 50-51; 79-83; Chapter 6; and Boxes 2.2, 4.1, 4.2

Unit 23

International Crimes and Individual Responsibility

“An End To Impunity”, Chapter 6 of CAH

Unit 24

New Ad Hoc International Criminal Courts Created by the UN Security Council: the Case of the Former Yugoslavia

”The Balkan Trials”, Chapter 9 of CAH, pages 446-501

Unit 25

The First Universal Court for International Crimes, the ICC: International Crimes and Criminal Law Principles

”The International Criminal Court”, Chapter 10 of CAH pages 502-525

Unit 26

The International Criminal Court: Jurisdiction; Structure and Composition; Proceedings

CAH pages 525-559

Unit 27

Assessing the Performance of Conciliation, Amnesties, International Criminal Trials, Local Justice and Hybrid Tribunals

CAH chapter 11

Selected Readings

Unit 28

REVIEW SESSION