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The Stimson Doctrine is the policy of nonrecognition of states created as a result of a war of aggression. The policy was implemented by the United States government, enunciated in a note of January 7, 1932, to the Empire of Japan and the Republic of China, of non-recognition of international territorial changes imposed by force. The doctrine was an application of the principle of ex injuria jus non oritur. Since the entry into force of the UN Charter, international law scholars have argued that states are under a legal obligation not to recognize annexations as legitimate, but this view is controversial and not supported by consistent state practice.
Civilians under international humanitarian law are "persons who are not members of the armed forces" and they are not "combatants if they carry arms openly and respect the laws and customs of war". It is slightly different from a non-combatant, because some non-combatants are not civilians. Civilians in the territories of a party to an armed conflict are entitled to certain privileges under the customary laws of war and international treaties such as the Fourth Geneva Convention. The privileges that they enjoy under international law depends on whether the conflict is an internal one or an international one.
A reprisal is a limited and deliberate violation of international law to punish another sovereign state that has already broken them. Since the 1977 Additional Protocol I to the Geneva Conventions, reprisals in the laws of war are extremely limited, as they commonly breach the rights of non-combatants.
The legitimacy under international law of the 1999 NATO bombing of the Federal Republic of Yugoslavia has been questioned. The UN Charter is the foundational legal document of the United Nations (UN) and is the cornerstone of the public international law governing the use of force between States. NATO members are also subject to the North Atlantic Treaty.
A peace treaty is an agreement between two or more hostile parties, usually countries or governments, which formally ends a state of war between the parties. It is different from an armistice, which is an agreement to stop hostilities; a surrender, in which an army agrees to give up arms; or a ceasefire or truce, in which the parties may agree to temporarily or permanently stop fighting.
Legality of the Threat or Use of Nuclear Weapons[1996] ICJ 3 is a landmark international law case, where the International Court of Justice gave an advisory opinion stating that while the threat or use of nuclear weapons would generally be contrary to international humanitarian law, it cannot be concluded whether or not such a threat or use of nuclear weapons would be lawful in extreme circumstances where the very survival of a state would be at stake. The Court held that there is no source of international law that explicitly authorises or prohibits the threat or use of nuclear weapons but such threat or use must be in conformity with the UN Charter and principles of international humanitarian law. The Court also concluded that there was a general obligation to pursue nuclear disarmament.
A preventive war is an armed conflict "initiated in the belief that military conflict, while not imminent, is inevitable, and that to delay would involve greater risk." The party which is being attacked has a latent threat capability or it has shown that it intends to attack in the future, based on its past actions and posturing. A preventive war aims to forestall a shift in the balance of power by strategically attacking before the balance of power has had a chance to shift in the favor of the targeted party. Preventive war is distinct from preemptive strike, which is the first strike when an attack is imminent. Preventive uses of force "seek to stop another state. .. from developing a military capability before it becomes threatening or to hobble or destroy it thereafter, whereas [p]reemptive uses of force come against a backdrop of tactical intelligence or warning indicating imminent military action by an adversary."
A war of aggression, sometimes also war of conquest, is a military conflict waged without the justification of self-defense, usually for territorial gain and subjugation.
Sir Claud Humphrey Meredith Waldock, was a British jurist and international lawyer.
Rosalyn C. Higgins, Baroness Higgins, is a British former president of the International Court of Justice (ICJ). She was the first female judge elected to the ICJ, and was elected to a three-year term as its president in 2006.
Humanitarian intervention is the use or threat of military force by a state across borders with the intent of ending severe and widespread human rights violations in a state which has not given permission for the use of force. Humanitarian interventions are aimed at ending human rights violations of individuals other than the citizens of the intervening state. Humanitarian interventions are only intended to prevent human rights violations in extreme circumstances. Attempts to establish institutions and political systems to achieve positive outcomes in the medium- to long-run, such as peacekeeping, peace-building and development aid, do not fall under this definition of a humanitarian intervention.
Sir Christopher John Greenwood is Master of Magdalene College, Cambridge and a former British judge at the International Court of Justice. Prior to his election, he was professor of international law at the London School of Economics and a barrister who regularly appeared as counsel before the International Court of Justice, the European Court of Human Rights, the English courts, and other tribunals.
Stephen Myron Schwebel, is an American jurist and international judge, counsel and arbitrator. He previously served as judge of the World Bank Administrative Tribunal (2010–2017), as a member of the U.S. National Group at the Permanent Court of Arbitration, as president of the International Monetary Fund Administrative Tribunal (1993–2010), as president of the International Court of Justice (1997–2000), as vice president of the International Court of Justice (1994–1997), and as Judge of the International Court of Justice (1981–2000). Prior to his tenure on the ICJ, Schwebel served as deputy legal adviser to the U.S. Department of State (1974–1981) and as assistant legal adviser to the U.S. Department of State (1961–1967). He also served as a professor of law at Harvard Law School (1959–1961) and Johns Hopkins University (1967–1981). Schwebel is noted for his expansive opinions in momentous cases such as Legality of the Threat or Use of Nuclear Weapons, Military and Paramilitary Activities in and Against Nicaragua and Oil Platforms .
International law is the set of rules, norms, and standards generally recognised as binding between states. It establishes normative guidelines and a common conceptual framework for states across a broad range of domains, including war and diplomacy, economic relations, and human rights. International law differs from state-based domestic legal systems in that it is primarily, though not exclusively, applicable to states, rather than to individuals, and operates largely through consent, since there is no universally accepted authority to enforce it upon sovereign states. States may choose to not abide by international law, and even to breach a treaty but such violations, particularly of peremptory norms, can be met with disapproval by others and in some cases coercive action ranging from diplomatic and economic sanctions to war.
Sir Ian Brownlie was an English barrister and academic, specialising in international law. He was Chichele Professor of Public International Law from 1980 to 1999.
Annexation, in international law, is the forcible acquisition and assertion of legal title over one state's territory by another state, usually following military occupation of the territory. In current international law, it is generally held to be an illegal act. Annexation is a unilateral act where territory is seized and held by one state, as distinct from conquest and differs from cession, in which territory is given or sold through treaty.
James Richard Crawford, AC, SC, FBA was an Australian academic and practitioner in the field of public international law. He was elected as Judge of the International Court of Justice for a full term of 9 years in November 2014 and took his seat on the court in February 2015. From 1990 to 1992 Crawford was Dean of the Sydney Law School where he was also the Challis Professor of International Law from 1986 to 1992. From 1992 to 2014, he was Whewell Professor of International Law at the University of Cambridge and Fellow in Law at Jesus College, Cambridge. He was formerly Director of the Lauterpacht Centre for International Law, also at Cambridge.
The legal status of the Holy See, the ecclesiastical jurisdiction of the Catholic Church in Rome, both in state practice and according to the writing of modern legal scholars, is that of a full subject of public international law, with rights and duties analogous to those of states.
Simon Chesterman is an Australian legal academic and writer who is currently vice-provost at the National University of Singapore (NUS) and dean of the NUS's faculty of law and NUS College. He is also a senior director for AI governance at AI Singapore, editor of the Asian Journal of International Law and co-president of the Law Schools Global League.
Aidan O'Neill, (Scot) KC is a Scottish advocate, barrister, and King's Counsel.
References
- ↑ International Law and the Use of Force by States, Ian Brownlie, CBE, QC, FBA, March 26, 1963, Oxford University Press
- ↑ Submission by Aidan O’Neill QC Archived 2007-03-11 at the Wayback Machine , Aidan O'Neill QC
