What’s the point of international law? | Start Here

Summary

This video script delves into the complexities of international law, highlighting its role in maintaining global order and addressing issues like state sovereignty and accountability. It discusses the UN's International Court of Justice (ICJ) and the International Criminal Court (ICC), their functions, and the challenges they face, such as non-compliance by states and the political influence on their decisions. The script also touches on the significance of international law in everyday life, despite its perceived distance, and the ongoing debates about its effectiveness and the need for reform.

Takeaways

• 📜 International law is a complex system of rules designed to govern relations between countries and protect humanity.
• ⚖️ The UN's top court, the International Court of Justice (ICJ), can order countries to comply with its decisions, but it has limited enforcement power.
• 🚫 Israel has been ordered by the ICJ to halt operations in southern Gaza, but has not complied, highlighting the enforcement challenges in international law.
• 🔍 International law affects everyday life in ways that may not be immediately apparent, such as through trade agreements and travel treaties.
• 🌐 Customary law, which consists of unwritten standards and practices, is a significant part of international law alongside written treaties and agreements.
• 🏛 The ICJ has the dual role of settling disputes between UN member states and providing advisory opinions on international law questions.
• 🚨 The ICJ's rulings can take years to be enforced, and non-compliance by countries like Israel and the US has raised questions about the court's effectiveness.
• 🔗 International law lacks a centralized authority, police force, or court system, leading to a complex web of courts, tribunals, and treaties.
• 🌍 The International Criminal Court (ICC) prosecutes individuals for the most serious crimes, such as genocide and war crimes, but has faced criticism for its perceived focus on African cases.
• 🔄 The ICC's jurisdiction is based on the consent of states, and it can only act when states are unable or unwilling to prosecute serious crimes themselves.

Q & A

What is the primary purpose of international law?

International law is designed to protect all individuals by providing a system of rules that regulate how countries interact with each other, from sharing resources to conducting war, aiming to avoid chaos and establish minimum standards of humanity.

How does international law affect everyday life?

International law affects everyday life in various ways, such as facilitating cross-border travel through treaties like the Schengen Agreement and influencing the cost of goods through international trade agreements that control import fees.

What are the two main sources of international law mentioned in the script?

The two main sources of international law are treaties and agreements that are written down, and customary law, which consists of unwritten standards and practices that most countries agree on.

What role does the International Court of Justice (ICJ) play in the international legal system?

The ICJ settles disputes between UN member states and provides advisory opinions on questions of international law. It is considered the epicenter of international law where it interprets and applies rules to avoid conflicts and wars.

Why is enforcement of ICJ rulings sometimes challenging?

Enforcement of ICJ rulings can be challenging because there is no single global police force or court system with the authority to enforce its decisions. The UN Security Council can get involved, but permanent members with veto power can block enforcement efforts.

What is the significance of the ICJ's advisory opinion on Israel's occupation of Palestinian territories?

The ICJ's advisory opinion on Israel's occupation of Palestinian territories declared it unlawful, highlighting the court's role in interpreting international law and its influence on the dialogue about the Israel-Palestine conflict.

Why has the International Criminal Court (ICC) been criticized for its focus on African cases?

The ICC has been criticized because most of its early cases were from Africa, leading to accusations of bias. However, the ICC argues that this pattern is circumstantial, stemming from initial investigations requested by the UN Security Council or African governments themselves.

How can the ICC prosecute individuals from non-member states?

The ICC can prosecute individuals from non-member states if the UN Security Council refers a situation to the court, or if a non-member state accepts the ICC's jurisdiction over a specific situation, as Ukraine did for alleged crimes committed by Russian forces.

What is the significance of the ICC issuing an arrest warrant for Russian President Vladimir Putin?

The issuance of an arrest warrant for Vladimir Putin signifies the ICC's jurisdiction over serious international crimes and its commitment to holding individuals accountable, regardless of their political status, for alleged violations such as the unlawful deportation of children from Ukraine.

Why is it unlikely that Putin will be arrested despite the ICC's arrest warrant?

It is unlikely that Putin will be arrested because Russia does not recognize the ICC's jurisdiction, and the execution of the warrant depends on international cooperation, which is unlikely from Moscow or countries that may be influenced by Russia.