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.

Outlines

00:00

🌍 International Law: Protecting Global Order

The paragraph introduces international law as a system of rules designed to protect global citizens. It discusses the challenges when these rules are broken, exemplified by the UN's top court ordering Israel to halt operations in southern Gaza, which Israel has not complied with. The narrative also touches on the limitations of international law enforcement, especially when powerful states like Russia, with President Vladimir Putin being a 'wanted man', seem to evade consequences. The paragraph sets the stage for a deeper exploration of international law, its effectiveness, and its role in everyday life, such as facilitating borderless travel and trade agreements.

05:01

🏛️ The International Court of Justice (ICJ): Role and Limitations

This paragraph delves into the workings of the International Court of Justice (ICJ), which settles disputes between UN member states and provides advisory opinions on international law. It highlights the ICJ's inability to enforce its rulings, as demonstrated by its order for Israel to halt military operations in Gaza, which was not complied with. The paragraph also discusses the ICJ's role in interpreting and applying international law to prevent conflicts and the challenges it faces due to the political influence of powerful states, such as the US, Russia, and China, which can block enforcement through their veto powers in the UN Security Council.

10:01

🔍 The International Criminal Court (ICC): Pursuing Justice for International Crimes

The focus shifts to the International Criminal Court (ICC), established to prosecute individuals for the most serious violations of international law, including war crimes, crimes against humanity, and genocide. The paragraph outlines the ICC's jurisdiction, which is based on the Rome Statute and can include non-member states under certain conditions. It also addresses criticisms of the ICC, particularly its perceived focus on African cases, and the challenges in enforcing arrest warrants against high-profile individuals like Russian President Vladimir Putin, who is wanted for alleged involvement in the unlawful deportation of children from Ukraine.

15:03

⏳ The Long Arm of International Justice: The Case of Vladimir Putin

This paragraph discusses the implications of the ICC's arrest warrant for Russian President Vladimir Putin and the complexities of enforcing such a warrant. It highlights the political and practical challenges in apprehending a sitting head of state, even when an international court has issued an arrest warrant. The narrative underscores the potential for political changes to influence future compliance with international justice, drawing parallels to historical cases like the Nuremberg Trials. The paragraph concludes with a reflection on the enduring nature of international justice and the possibility that, despite current obstacles, justice may eventually be served.

Keywords

💡International Law

International law refers to the system of rules, norms, and standards that govern the behavior of states, international organizations, and in some cases individuals. It is designed to maintain global order and peace by providing a framework for cooperation and conflict resolution. In the video, international law is central to discussions about state behavior, with examples such as the UN's top court ordering Israel to halt operations in southern Gaza, illustrating how international law can be used to address conflicts and protect human rights.

💡UN's Top Court

The UN's top court, formally known as the International Court of Justice (ICJ), is the principal judicial organ of the United Nations. It settles legal disputes between states and provides advisory opinions on legal questions. The video mentions the ICJ's ruling on Israel's occupation of Palestinian territories and its order for Israel to halt military operations in Rafah, highlighting the court's role in interpreting and applying international law.

💡Customary Law

Customary law consists of unwritten norms and practices that are recognized and followed by a significant number of states over time. It forms an important part of international law, often emerging from consistent state behavior. The video touches on customary law as part of the 'web of rules and customs' that make up international law, indicating its significance in shaping state conduct beyond written treaties.

💡Treaties

Treaties are legally binding agreements between states that set out specific obligations and rights. They are a primary source of international law. The video gives examples of treaties such as the Schengen Convention, which facilitates passport-free travel within Europe, and international trade agreements that influence import fees, demonstrating how treaties affect everyday life and international relations.

💡State Sovereignty

State sovereignty is the principle that each state has the supreme authority within its territorial boundaries and is not subject to any external control. The video discusses the challenges of enforcing international law due to state sovereignty, as states are not always willing to restrict themselves or comply with international rulings, as seen with Israel's non-compliance with the ICJ's provisional measures.

💡Enforcement

Enforcement in international law refers to the mechanisms available to ensure compliance with legal obligations. The video addresses the difficulty of enforcing international law, particularly when it involves powerful states. It mentions the role of the UN Security Council in enforcement but also notes the limitations due to veto powers, as illustrated by the US vetoing a resolution to enforce an ICJ judgment against it in the 1980s.

💡International Criminal Court (ICC)

The International Criminal Court (ICC) is a permanent tribunal established to prosecute individuals for the most serious crimes of international concern, such as genocide, war crimes, and crimes against humanity. The video discusses the ICC's role as a court of last resort, its jurisdiction, and the challenges it faces in prosecuting individuals, especially high-profile figures like Vladimir Putin, whose arrest warrant was issued by the court.

💡Genocide

Genocide is the intentional destruction of a national, ethnic, racial, or religious group. It is a crime under international law and one of the core crimes within the jurisdiction of the ICC. The video references the ICC's investigation into alleged genocide in Gaza by Israeli forces, showing how the concept of genocide is applied in international legal contexts.

💡Rome Statute

The Rome Statute is the treaty that established the International Criminal Court. It defines the court's jurisdiction, structure, and procedures, as well as the crimes it can prosecute. The video mentions the Rome Statute as the source of the ICC's authority, emphasizing its importance in shaping the court's operations and the prosecution of international crimes.

💡Human Rights

Human rights are the fundamental rights to which all individuals are entitled, regardless of nationality, place of residence, sex, national or ethnic origin, color, religion, language, or any other status. The video discusses international law's role in protecting human rights, particularly in the context of conflicts and the actions of states, such as the ICJ's advisory opinion on Israel's occupation of Palestinian territories.

Highlights

The UN's top court ordered Israel to halt operations in southern Gaza, but Israel is not complying.

Russian President Vladimir Putin has an arrest warrant issued by the International Criminal Court (ICC) for his alleged involvement in unlawful deportation of children from Ukraine.

International law is a system of treaties and agreements regulating relations between countries, including trade, war, and environmental protections.

International law includes both written treaties and customary, unwritten standards that most countries agree on.

There is no global police force or singular court system to enforce international law, making compliance with court rulings dependent on state cooperation.

The International Court of Justice (ICJ) settles disputes between states and provides advisory opinions, but lacks enforcement power without the UN Security Council's backing.

The Security Council's veto power allows permanent members like the US, Russia, and China to block enforcement of ICJ rulings, limiting its effectiveness.

Despite frustration, the ICJ still sees compliance with its rulings in more than 90% of cases, such as Uganda paying reparations to the Democratic Republic of Congo.

There is criticism that political leaders are often unwilling to fully participate in international justice systems, limiting their impact.

The ICC prosecutes individuals for international crimes like genocide, war crimes, and crimes against humanity, but only as a court of last resort.

The ICC has been criticized for disproportionately focusing on African cases, though it has recently expanded investigations to places like Ukraine, Myanmar, and Venezuela.

The ICC can prosecute individuals from non-member states if requested by the UN Security Council or if the state accepts ICC jurisdiction, as Ukraine did.

Arrest warrants issued by the ICC, such as for Putin, rely on international cooperation for enforcement, with no guarantee of extradition.

Political changes can lead to enforcement of ICC arrest warrants years later, as seen in past cases like Slobodan Milosevic and Nazi war criminals.

The long-term message of international law is that accountability exists, even if justice is delayed, with frameworks like the ICC promising eventual prosecution for war crimes.

Transcripts

let's talk about international law it's

a system of rules designed to protect us

all but sometimes those rules get broken

the un's top court has ordered Israel to

immediately halt its operations in

southern Gaza Israel has to comply with

this but Israel will not Russian

President Vladimir Putin is now

officially a wanted man it's a bold

statement the issuing of this arrest

warrant but it will likely have little

effect whatsoever so naturally people

are asking what is the point of

international law law is meaningless

always too little

too Target our enemies so I'm going to

the hay which is basically the capital

of international law to explain how it

all works why some people think it's

flawed and why others say it's

misunderstood so international law might

feel pretty removed from your day-to-day

life but it affects us all in ways we

might not even realize the train I took

to get here crossed two European borders

but there were no passport checks thanks

to an EU treaty called the shenen

convention this coffee could have been

more expensive were it not for

international trade agreements that

control import fees for things like

coffee

beads those are just two examples but

this is essentially what international

law comes down to all of these treaties

and agreements that regulate how

countries deal with each other from how

to share the sea how to collectively

protect the environment to how they

conduct War but it's not just what's

written down there's also what's called

customary law which is basically

Unwritten standards and practices that

most countries agree on and so you end

up with this web of rules and Customs

that together make up international law

no State not even an Island state is an

island States need to relate to each

other it is international law that

provides a framework a

put it bluntly it's a way of avoiding

chaos and more recently it's become a

way of instilling minimum standards of

humanity it's a standard that we should

all seek to

espouse but how it all works in practice

is pretty complicated to understand why

think about how domestic law usually

works in a sovereign country you have a

government with the authority to make

the law which is enforced by police and

a hierarchy of Courts and citizens don't

have a choice in it all but in

international law none of those elements

are clear there is no top layer of power

that can tell Sovereign countries what

to do no Global police force no single

court system instead there are lots of

Courts and tribunals and countries can

mostly pick and choose or change their

minds about which courts and laws they

want to recognize with some exceptions

for the most serious crimes like torture

and genocide the parado of international

law it's is that it's created by states

to control States so it perhaps is not

surprising that states aren't always

willing uh to restrict themselves too

much Molly you've been here in the hay

covering international law for years

what do you think are some of the

biggest frustrations people have with

this whole system what people often want

is you know for bad stuff to not happen

and when bad stuff does happen for the

people who do bad stuff to be held

accountable right like I think we all

want this and when you see these

horrible images that come out of Ukraine

or come out of Gaza what people want is

for this to stop and for the people who

did these things to sort of be held

responsible for them and you look

towards courts like the international

court of justice or

icj the international Court of jce the

Court was set up in 1945 as part of the

United Nations system and the icj has

two roles it settles disputes between UN

member States it also gives out what are

called advisory opinions that's when

another un body asks the court to clear

up a question of international

law a recent example is when the icj's

judges gave an advisory opinion on

Israel's occupation of Palestinian

territories calling it

unlawful there are 15 judges at the icj

all from different

countries Judge Abdul kawi Ahmed yusf is

from Somalia it is an extremely weighty

responsibility for a judge to apply the

rules of law whether they are actually

in favor or not of one of the

parties we are in the Great Hall of

Justice which is actually the hall where

all the hearings and the oral

proceedings of the international court

of justice take place one could describe

it as the epicenter of international law

and where international law is

interpreted and applied in order to

avoid Wars to avoid conflict to avoid

problems between

states the icj deals with all sorts of

cases Australia for example challenged

Japan about its wailing practices

Thailand and Cambodia asked the court to

settle a territorial dispute about the

land surrounding this Ancient Temple

more recently South Africa brought a

case against Israel accusing it of

carrying out genocide against

Palestinians in Gaza genocides are never

declared in advance but this court has

the benefit of the past 13 weeks of

evidence the charge of genocide leveled

against Israel is not only false it's

outrageous a final decision on that case

could take years in the meantime the icj

has ordered Israel to adopt several

provisional measures to protect

civilians in Gaza including ordering

Israel to Halt its military offensive in

Rafa Israel has not complied with the

provisional measures order but yet it's

had its own power its own influence uh

that judgment it's been debated

discussed it's become part of the

dialogue about what's happening in

Israel Palestine this brings us to the

issue of enforcement when a country

doesn't comply with the un's top Court

what then will the icj itself can't do

much about that the UN Security Council

can get involved but there are five

permanent members who have veto powers

and they can block any attempt at

enforcing an icj

judgment that happened in the 1980s when

the icj ruled that the US broke

international law by supporting a

paramilitary group in Nicaragua called

the Contra the security Council held a

vote to force the US to pay reparations

to Nicaragua but the US used its veto

so power matters in international law

and it's certainly the case that certain

states are perceived to get away with

things that other states can't do we are

facing in um 2024 and then the collapse

of the International System the United

States is imposing its veto on

resolution related to Israel Russia is

doing the same regarding Ukraine China

is doing the same regarding Myanmar and

that is the reality of the international

global system and of the place of

international in

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[Laughter]

it how do you feel as a judge when the

icj rulings aren't complied with well

first of all I must say they are very

rare secondly you always have exceptions

to the rule the most important thing is

that the exception does not become rule

because then the rule of law itself

would be in job party in more than 90%

of the cases the Judgment of the court

is immediately complied with by the

parties I will give you a recent

example there was a case between the

Democratic Republic of Congo and Uganda

the Court ruled that Uganda actually

occupied part of the territory of the

DRC and ruled that Uganda would pay more

than $300 million to the DRC Uganda of

course can hardly afford uh $300

million but Uganda started immediately

paying and continuous to

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pay is there a sense that reforms need

to be made because there is so much

frustration that international law does

not help prevent Mass violence yeah I

think that if you ask people who are

very involved in this world the thing

that they will criticize the most is

that political leaders don't seem to be

willing to act right there's a lot of

push to sort of get political leaders to

kind of participate better in these

systems of international

justice so that was the icj remember it

only deals with

States but there have been many other

courts and tribunals up over the years

to go after individuals accused of

international crimes so we're talking

about the most serious violations of

international law things like genocide

and war crimes the first were the

nurenberg trials in Germany to prosecute

Nazi leaders after World War I they

enslaved millions of human beings there

was a tribunal that dealt with war

crimes in the former Yugoslavia sadan

mosovich the former Serbian president

became the first sitting head of state

to stand trial in Tanzania an

international tribunal prosecuted people

linked to the Rwanda genocide and there

was one in Cambodia that tried leaders

of the Chim Rouge for atrocities in the

1970s those were all temporary courts

focused on one particular country or

conflict but by the 1990s the world

agreed there needed to be a permanent

Court to try individuals for the worst

International crimes and that's why we

now have the international criminal

court or ICC

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it was set up in 2002 gets its Authority

from a treaty called the Rome statute

and prosecutes four crimes war crimes

crimes against humanity genocide and the

crime of aggression which covers things

like a military

Invasion but the IC is meant to be a

court of last resort so it only

intervenes when a country is unable or

unwilling to deal with these kinds of

crimes on its

own um on this side we have the

prosecutor and his team presenting the

case on the other side you have the

defense usually the defendant sits at

the last there and the witness is

underneath the public Gallery this is

one of the protective measures so that

the public doesn't have a direct

eyesight um on the witness out of 32

cases only six people have been

convicted of the icc's core crimes the

first was a former Rebel leader in the

DRC who was found guilty of war crimes

including the conscription of child

Soldiers the most recent was the former

head of the Islamic police Molly who was

found guilty of things like torture and

mutilation all of those convicted so far

have been from Africa which is something

people have criticized this shows that

there is something flow within the

system in ICC but the ICC rejects that

and says the pattern is just

circumstantial the first investigations

were opened at the request of Security

Council or at the request of the African

governments themselves so naturally it

was um focused on the African continent

so one argument is that it is just a

historical accident that the majority of

the early crimes when the statute came

into force in 2002 why in Africa but

that's not to deny that there's a very

political a very deliberate political

element um in the sense that there are

other cases which could have been

investigated the ICC now is

investigating crimes in places like

Bangladesh and Myanmar Venezuela and

Ukraine

today 20 people are wanted by the court

and the most high-profile arrest warrant

issued by this court is for Russian

President Vladimir Putin the Russian

President Vladimir Putin is now a wanted

man because of his alleged involvement

in the unlawful deportation of children

from occupied areas of Ukraine to Russia

now issuing an arrest warrant is one

thing actually getting Putin to the IC

to stand trial is another but before we

unpick that we need to understand how

the icc's jurisdiction

Works 124 countries are members of the

ICC those countries give the court the

power to prosecute individuals for

crimes committed on their territory or

by their citizens now there are plenty

of countries that aren't members

including the US China India and Russia

but the ICC can still go after people

from non-member States the UN Security

Council can make a request it did that

with Sudan which is not a member that's

how the ICC was able to issue an arrest

warrant for former president Omar Al

Basher for atrocities in darur a

non-member can also decide to accept ICC

jurisdiction Ukraine did that so the

court could look into alleged Crimes by

Russian forces on its territory and

that's what led to Putin's arrest

warrant Moscow though dismissed the

announcement as outrageous saying it

doesn't recognize the jurisdiction of

the Court the judges issued arrest

warrants their execution depends on

International

cooperation right now it's almost

inconceivable that anyone in Moscow will

hand Putin over so the IC is relying on

other countries to arrest him if he

travels but there's no guarantee of that

Putin recently traveled to Mongolia an

ICC member that should in theory enforce

the arrest warrant but Putin wasn't

arrested he got the red carpet treatment

instead the IC R1 are valid for life

meaning that if the political situation

protects someone today we know that

politics always change at a certain time

this person would not be anymore

protected in this moment it seems like

you were never going to see Putin in the

he I mean ask people here I think if you

think that that's going to happen and I

think most people will say no this is

the exact same thing that they said

about slobad mosovich who died in jail

in the heg under indictment I mean you

just you don't know what's going to

happen in a few years that maybe there

will be regime change in Moscow and

maybe it is easier for the new leaders

to decide that it's you know better to

ship Putin off to the heg and have them

deal with it than have to deal with it

uh you know there think about nurenberg

think about the second world war and the

long battle to prosecute the Nazis and

the atrocities which carried on right up

to the 2000s so there is a very powerful

message here that momentarily

temporarily we may not be able to

activate the machinery and get hold of

you but the framew exists the promise

exists no matter how long it takes

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