International Law Definitions
International Law Definitions
Overview of international laws Israel is breaching
Article updated: Mon 13th May 2024 (Sleekit Scotsman ☮️🏴 articles are updated periodically to add latest information on the subject of the article for relevance)
Synopsis
This article outlines the different aspects of international law.
It is important to refer to the specifics of different aspects of International Law with respect to the Palestinian situation to understand Israel’s obligations and blatant violations that the UN, ICJ and ICC find in investigations.
Contents
🌍🕊️HUMAN RIGHTS - conferred on the individual
HUMANITARIAN LAW - “the laws of war” - of states and non-state actors
⛑️ International Red Cross: International Humanitarian Law and other Humanitarian Treaties
🇨🇭🌎 Additional Protocol 1 - The Principal of Proportionality
⚖️👩⚖️ INTERNATIONAL CRIMINAL COURT
🌍🕊️ HUMAN RIGHTS - of the individual
Human Rights are the basic rights of all human beings no matter where they are to live in dignity, safety and to a certain standard.
Human Rights are conferred directly on individuals and not through states (unlike humanitarian laws or other international laws)1.
Core Human Rights: The Genocide Convention & Responsibility To Protect
Separate from other human rights are measures addressing the crime of genocide the first urgent human rights order of business of the UN in the wake of the Holocaust.
There are two key points of UN business:
Genocide Convention (1948) - legally binding convention on genocide, specifiying the crime and obligations of signatory states
Responsibility to Protect (2005) - a non-legally binding declaration from the 2005 World Summit noting to operationalise of the responsibility of the UN itself to protect a State’s population themselves from genocide - the intent being if the State itself would not do it and was taking genocidal actions against it’s own people.
Genocide Convention (1948)
In the wake of WW2 the United Nations sought to prevent future wars through a forum of co-operation and law making.
However ahead of every other order of business bar signing of the Charter was to prevent the heinous crime of genocide that had been committed against the Jewish people during the war.
This was requested to be defined in the wake of the Nuremburg Trials in Resolution 96(I) 11 December 19462 and the defined wording listed and adopted by the UN in Resolution 260 (III) 9 December 1948 becoming law on 12th January 1951.
Note genocide can be committed time of peace or war. It is not a political act so cannot be determined as a reason not to extradite individuals.
Intent
There is a very high bar for the definition of genocide. The first is that there must be established INTENT:
to destroy, in whole or in part, a national, ethnical, racial or religious group
Genocidal Acts
Once intent has been established ANY of the following acts are defined as genocidal:
a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group (note: this was the charge against Russia during the Ukraine Crisis for which Vladimir Putin was personally issued an arrest warrant by the ICC)
Punishable Genocidal Acts
Punishable acts are:
(a) Genocide;
(b) Conspiracy to commit genocide;
(c) Direct and public incitement to commit genocide; (for example - some of the statements made by Israeli senior military and Government leaders during the early stages of the Gaza crisis could fall into this category)
(d) Attempt to commit genocide;
(e) Complicity in genocide.
Obligations of Signatory States
The obligations of signatory states are3:
not to commit genocide (Article I as interpreted by the ICJ)
to prevent genocide (Article I) which, according to the ICJ, has an extraterritorial scope;
to punish genocide (Article I);
to enact the necessary legislation to give effect to the provisions of the Convention (Article V);
to ensure that effective penalties are provided for persons found guilty of criminal conduct according to the Convention (Article V);
to try persons charged with genocide in a competent tribunal of the State in the territory of which the act was committed, or by an international penal tribunal with accepted jurisdiction (Article VI);
to grant extradition when genocide charges are involved, in accordance with laws and treaties in force (Article VII), particularly related to protection granted by international human rights law prohibiting refoulment where there is a real risk of flagrant human rights violations in the receiving State.
The Genocide Convention and the Gaza Conflict
Note: with regard to the Gaza Conflict the Genocide convention applies to Israel as a State but not Hamas as a terrorist organisation. The individuals would be tried in the international criminal court or by Israel themselves internally for the crime.
Israel as a State can be accused of genocide as the case brought by South Africa in December 2023 at the ICJ.
The determination could take years but would ALSO determine if other states were complicit in the crime of genocide by NOT preventing Israel’s actions, should genocide be proven.
Ratification
Incredibly - not all member states have signed the genocide convention.
As at May 2024 153 members states have signed but no 41 others:
18 in Africa
1 in Asia
6 from America
The UN Office on Genocide Prevention and the Responsibility to Protect was set up to manage the convention part of which is encouraging UN Member States to sign.
Responsibility To Protect (2005)
After the UN failed to act in the Balkans and Rwanda in the 1990s Kofi Annan considered how they could do better - with the obligation of the UN to intervene in these cases of clear genocide.
A report considering obligations was put together in 2001 by the International Commission on Intervention and State Sovereignty (ICISS) entitled “The Responsibility to Protect” (R2P)
State sovereign responsibility
Residual responsibility of the international community if the States is unwilling or unable to do so
At the 2005 UN World Summit meeting member states committed to the principal of R2P through paragraphs in the Summit Outcome Document:
138. Each individual State has the responsibility to protect its populations from genocide, war crimes, ethnic cleansing and crimes against humanity. This responsibility entails the prevention of such crimes, including their incitement, through appropriate and necessary means. We accept that responsibility and will act in accordance with it. The international community should, as appropriate, encourage and help States to exercise this responsibility and support the United Nations in establishing an early warning capability.
139. The international community, through the United Nations, also has the responsibility to use appropriate diplomatic, humanitarian and other peaceful means, in accordance with Chapters VI and VIII of the Charter, to help protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity. In this context, we are prepared to take collective action, in a timely and decisive manner, through the Security Council, in accordance with the Charter, including Chapter VII, on a case-by-case basis and in cooperation with relevant regional organizations as appropriate, should peaceful means be inadequate and national authorities manifestly fail to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity. We stress the need for the General Assembly to continue consideration of the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity and its implications, bearing in mind the principles of the Charter and international law. We also intend to commit ourselves, as necessary and appropriate, to helping States build capacity to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity and to assisting those which are under stress before crises and conflicts break out.
140. We fully support the mission of the Special Adviser of the Secretary-General on the Prevention of Genocide.
In 2007 special Adviser of the Secretary-General on the Prevention of Genocide was also appointed with direct line to the SG to emphasise the importance of addressing the crime (S/2007/721).
Pillars of R2P
The SG has produced annual reports on R2P between 2009 and 2020 outlining the implementation of R2P through 3 Pillars:
Pillar I Addresses how States can fulfil their primary responsibility to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity, and from their incitement (A/67/929-S/2013/399).
Pillar I: Building National Resilience
Impartial Oversight of Political Transitions
Professional and Accountable Security Sector
Rule of Law and Human Rights
Early Warning and Atrocity Prevention Capacity
Capacity for Dialogue and Conflict Resolution
Legitimate and Effective Transitional Justice
Equitable Distribution of Economic Resources
Education Relevant to Atrocity Crime Prevention
Pillar II Outlines the collective responsibility of the international community to encourage and help States meet their responsibility to protect their populations (A/68/947-S/2014/449) as well as to help States build capacity in doing so.
Pillar II: International Encouragement, Assistance and Capacity-Building
International Human Rights Monitoring and Peer Review
Preventive Diplomacy
Mediation and Political Dialogue
Support for a Professional and Accountable Security Sector
Support for Impartial Institutions for Overseeing Political Transitions
Support for Independent Judicial and Human Rights Institutions
Building Early Warning and Atrocity Prevention Capacity
Building Capacity for Dialogue and Conflict Resolution
Building Capacity to Counteract Prejudice and Hate Speech
Support for Legitimate and Effective Transitional Justice
Denying the Means to Commit Atrocity Crimes
Dispute Resolution Expertise
Monitoring or Observer Missions
Criminal Investigations, Fact-Finding Missions, & Commissions of Inquiry
Protection of Refugees and Internally Displaced
Protection of Civilians in Humanitarian Emergencies
Peacekeeping and Stabilization Assistance
Gender
Support for efforts to combat sexual violence
Pillar III Elaborates on the responsibility of the international community to use appropriate diplomatic, humanitarian and other means to protect population from those crimes and violation. It also presents options for timely and decisive response, including collective action, in accordance with the United Nations Charter and on a case-by-case basis, when national authorities manifestly fail to protect their populations from genocide, war crimes, ethnic cleansing and crimes against humanity (A/66/874-S/2012/578).
Pillar III: Timely and Decisive Response
Preventive Diplomacy
Mediation and Political Dialogue
Public Advocacy
Criminal Investigations, Fact-Finding Missions, & Commissions of Inquiry
Monitoring or Observer Missions
Referral to the ICC
Sanctions
Protection of Refugees and Internally Displaced
Protection of Civilians in Humanitarian Emergencies
UN Charter Chapter VII Authorised Use of Force
R2P Guidance
The SG has provided specific guidance on:
Early warning and assessment of atrocity crimes (2010- A/64/864)4
Role of regional and sub-regional arrangements (2011 A/65/877)5
The Universal Declaration of Human Rights (UDHR) - 1948
The UDHR is a declaration which spells out the rights of all human beings.
Note: being a DECLARATION and not a Treaty it does not directly create a legal obligation for countries6.
However - it is an expression of the fundamental values which are shared by all members of the international community. And it has had a profound influence on the development of Human Rights Law.
It is also to be considered when judging the actions of others when considering UN Resolutions for example.
Rights enshrined in the Universal Declaration of Human Rights (UDHR)7.
The UN General Assembly adopted this in 1948 A/RES/217(III)8.
This led to the formation of the UN Office of Human Rights - noting the 75th Anniversary in December 20239.
Human Rights Law (Conventions & Treaties)
The right enshrined in the Declaration inspired a subsequent legally binding framework set up of Treaties, Conventions, domestic Bills, domestic Constitutional Provisions10.
There are 9 core human rights Treaties maintained by the UN11:
International Convention on the Elimination of All Forms of Racial Discrimination - 21 Dec 1965 UN GA RES 2106(XX)
International Convention on Civil and Political Rights - 16 Dec 1966 General Assembly resolution 2200A (XXI)
International Covenant on Economic, Social and Cultural Rights - 16 Dec 1966 General Assembly resolution 2200A (XXI)
Convention on the Elimination of All Forms of Discrimination against Women New York - 18 Dec 1979
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment - 10 Dec 1984 General Assembly resolution 39/46
Convention on the Rights of the Child - 20 Nov 1989 General Assembly resolution 44/25
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families - 18 Dec 1990 General Assembly resolution 45/158
Convention on the Rights of Persons with Disabilities - 12 Dec 2006 Sixty-first session of the General Assembly by resolution A/RES/61/106
International Convention for the Protection of All Persons from Enforced Disappearance - 23 Dec 2010 General Assembly of the United Nations in its resolution 47/133
There are also a number of of optional extension conventions associated with most of the above treaties.
Other key treaties:
International Convention on the Suppression and Punishment of the
Crime of Apartheid - Jul 18 1976 G.A. res. 3068 (XXVIII)
Human Rights Declarations
There were also a number of other Declarations (non-legally binding statements of intent) inspired by the UDHR.
Other key declarations:
Declaration on Race and Racial Prejudice - 27 November 1978
Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief - 25 November 1981 General Assembly resolution 36/55
Declaration on the Elimination of Violence against Women - 20 Dec 1993 General Assembly resolution 48/104
United Nations Declaration on the Rights of Indigenous Peoples 13 Sep 2007 General Assembly Resolution A/RES/61/295
Clearly declarations and law are reflections of the social changes in the world at the time.
Ratification of Treaties
Noting that it is not mandatory for Member States sign the above treaties and be bound by international law. Indeed some states would not sign for a variety of reasons including cultural, economic or other interests.
The UN does however maintain a tracker of which states have signed.
As at May 2024 all member states have ratified at least one of the core convenants and 80% have ratified four or more.
⚖️👩⚖️ HUMANITARIAN LAW: “the laws of war” - on states and non-state actors
Under which combatants (STATES or OTHER) are required to act to maintain human conduct - including definition of combatants (‘fair’ - uniform, command structure etc. to give THEM rights under the law as POWs), protection of civilians, treatment of POWs etc.
Hague Conventions (1899, 1907) - “customary laws and customs of war”
Geneva Conventions (1949) - “rules of war with respect to non-combatants”
4th Geneva Convention on non-combatants 194912 - Geneva Conventions signed by Israel in 1951
Additional Protocol 1 1977 - “rules of war - principle of proportionality of response”13 - (importantly on proportionality of response) - NOT signed by Israel
A good summary of how International Humanitarian Law applies in Israel and Gaza was written by Human Rights Watch on 27 Oct14.
⛑️ International Red Cross: International Humanitarian Law and other Humanitarian Treaties
The International Red Cross is the body that administers International Humanitarian Law.
These laws - sometimes referred to
A good summary provided by the International Red Cross with a document that list out which States have signed which treaties (Israel has signed minimum)15.
The summary is broken into:
Protection of Victims in Armed Conflict (Geneva Conventions and Additional Protocols, Child Rights)
International Criminal Court - Rome Statute 1998
Protection of Cultural Property in Armed Conflict
Protection of Environment in Armed Conflict
Weapons used in Armed Conflict (Chemical, Landmines, Incendiary (white phosphorus), cluster mines, Nuclear Weapons)
⚔️⚖️👩⚖️ International Law (“Rules of War” for combatants)
Rules of War on how to conduct oneself as a warring party are important to understand. Of particular reference to Palestine are:
Establish who is a “combatant” - and hence what rights and obligations the combatant has. Terrorists are not combatants and have no rights so it is important to understand the distinction between a combatant and a terrorist. Civilians enjoy a separate set of rights under the laws of war.
Defining an occupied territory (“belligerent occupation”) - and hence what the local populace of that territory can and cannot do to resist the oppressor.
🇳🇱🌎 Defining a combatant - and hence responsibilities & rights (Hague Conventions)
Hague Conventions 1899 and 1907 international treaties on how to conduct war - “customary laws and customs of war”
Convention (IV) respecting the Laws and Customs of War on Land and its annex: Regulations concerning the Laws and Customs of War on Land. The Hague, 18 October 1907.
This determines WHAT is a combatant:
REGULATION 1 - what’s a combtatnt;
The laws, rights, and duties of war apply not only to armies, but also to militia and volunteer corps fulfilling the following conditions:
1. To be commanded by a person responsible for his subordinates;
2. To have a fixed distinctive emblem recognizable at a distance;
3. To carry arms openly; and
4. To conduct their operations in accordance with the laws and customs of war.
Article 23:
In addition to the prohibitions provided by special Conventions, it is especially forbidden
(a) To employ poison or poisoned weapons;
(b) To kill or wound treacherously individuals belonging to the hostile nation or army;
(c) To kill or wound an enemy who, having laid down his arms, or having no longer means of defence, has surrendered at discretion;
(d) To declare that no quarter will be given;
(e) To employ arms, projectiles, or material calculated to cause unnecessary suffering;
(f) To make improper use of a flag of truce, of the national flag or of the military insignia and uniform of the enemy, as well as the distinctive badges of the Geneva Convention;
(g) To destroy or seize the enemy's property, unless such destruction or seizure be imperatively demanded by the necessities of war;
(h) To declare abolished, suspended, or inadmissible in a court of law the rights and actions of the nationals of the hostile party. A belligerent is likewise forbidden to compel the nationals of the hostile party to take part in the operations of war directed against their own country, even if they were in the belligerent's service before the commencement of the war.
REG 25, 26
Dont bombard undefended
Must in your power make authorities aware
REG 42
Occupied territories
🇨🇭🌎 Defining an “occupied territory” and what people in that territory can and cannot do (resistance)
International Humanitarian Law (Geneva Conventions) - also “Rules of War” with respect to non-combatants; wounded/sick soldiers and civilians (Gen Con 4)
The Geneva Conventions lay out a number of rules of war.
This is important because:
It defines an “occupied territory” and what people in that territory can and cannot do
It defines “resistance” in an occupied territory - what is and what is not
Hamas and assistance
It defines WHO is entitled to “resist” - combatants, non combatants in non-military capacity
It defines HOW they must resits (rules of war) - Hamas; if they do not abide by the these laws of war - they are TERRORISTS (number #1: not targeting civilians rules them out)
🇨🇭🌎 Geneva Conventions
Geneva Conventions - a simple overview by the Red Cross.
Most important rules limiting the barbarity of war. They protect people who do not take part in the fighting (civilians, medics, aid workers) and those who can no longer fight (wounded, sick and shipwrecked troops, prisoners of war).
The first Geneva Convention protects wounded and sick soldiers on land during war.
The second Geneva Convention protects wounded, sick and shipwrecked military personnel at sea during war.
The third Geneva Convention applies to prisoners of war.
The fourth Geneva Convention affords protection to civilians, including in occupied territory.
Plus
Common Article 3, common to the four Geneva Conventions; situations of non-international armed conflicts. These types of conflicts vary greatly. They include traditional civil wars, internal armed conflicts that spill over into other States or internal conflicts in which third States or a multinational force intervenes alongside the government.
Given that most armed conflicts today are non-international, applying Common Article 3 is of the utmost importance. Its full respect is required.
Additional Protocols:
Additional Protocol I - international conflicts 1977
Additional Protocol II - non-international conflicts 1977
Additional Protocol III - additional distinctive emblem (red crytsal - like red cross, red crescent)
🇨🇭🌎 Additional Protocol 1 - The Principal of Proportionality
Important document on proportionality; key points:
“The Additional Protocol I to the Geneva Conventions (AP-1) was completed in 1977. Its "Basic Rule" as regards Civilian Persons (CP) prohibits all intentional attacks on "the civilian population and civilian objects.".
It prohibits and defines "Indiscriminate attacks". "Incidental loss of civilian life, injury to civilians, [and] damage to civilian objects" is also covered.
Even an attack not aimed at civilians is prohibited when it "may be expected to cause incidental" civilian loss or damage "which would be excessive in relation to the concrete and direct military advantage anticipated."
This rule is referred to by scholars as the principle of proportionality.”
⚖️👩⚖️ INTERNATIONAL CRIMINAL COURT
Note the Court being a Criminal Court can try individuals for international crimes.
There are a number of Core ICC Texts outlining the governance and operation of the Court.
The actual legislation the court tries is outlined in the Rome Statute 199816 which refers to various branches of international law above.
Re. Gaza NOT signed by Israel: note definitions of genocide, crimes against humanity, war crimes (referring to the 1949 Geneva Convention for definitions), crimes of aggression - it’s pretty clear IDF actions meets these criteria
Related Articles
Summary of Sleekit Scotsman ☮️🏴 Substack Related Articles referenced in this article:
International Organisations Glossary: Different investigating bodies and their structures
Israeli Breaches of International Law:
Lobbying in the US/Australia:
Sanctions on Israel: What SHOULD be happening due to the breaches of international law:
Other:
N/A
UN Universal Declaration of Human Rights website - https://www.un.org/en/about-us/universal-declaration-of-human-rights
UN General Assembly 1st Session 11 Dec 1946 Resolution 96 A/RES/96(I) “The Crime of Genocide“ -https://digitallibrary.un.org/record/209873
United Nations Office on Genocide Prevention and the Responsibility to Protect Ratification https://www.un.org/en/genocideprevention/genocide-convention.shtml
UN Digital Library - “Early warning, assessment and the responsibility to protect : report of the Secretary-General“ - https://digitallibrary.un.org/record/686468?ln=en&v=pdf
UN Digital Library “The role of regional and subregional arrangements in implementing the responsibility to protect : report of the Secretary-General“ - https://digitallibrary.un.org/record/706568?ln=en&v=pdf
UN Treaties & Covenants Collection - Glossary - https://treaties.un.org/Pages/Overview.aspx?path=overview/glossary/page1_en.xml#declarations
Universal Declaration of Human Rights 1948 - text UN Website - https://www.un.org/sites/un2.un.org/files/2021/03/udhr.pdf
UN A/RES/217(III) International Bill of Human Rights 10 December 1948. Adopted by UN and all member states agree to abide by the resolution in co-operation with the UN. - https://documents-dds-ny.un.org/doc/RESOLUTION/GEN/NR0/043/88/PDF/NR004388.pdf?OpenElement
UNOCHR Website - 75th Anniversary of the UDHR - https://www.ohchr.org/en/universal-declaration-of-human-rights
United Nations Website “The Foundation of International Human Rights Law“ - https://www.un.org/en/about-us/udhr/foundation-of-international-human-rights-law
United Nations Human Rights Office of the High Commissioner “The Core International Human Rights Instruments and their monitoring bodies“- https://www.ohchr.org/en/core-international-human-rights-instruments-and-their-monitoring-bodies
International Committee of the Red Cross: “The Geneva Conventions of 1949 and their Additional Protocols“ - https://www.icrc.org/en/doc/war-and-law/treaties-customary-law/geneva-conventions/overview-geneva-conventions.htm
International Committee of the Red Cross: “1977 Additional Protocols to the Geneva Conventions of 1949“ - https://www.icrc.org/en/document/additional-protocols-geneva-conventions-1949-factsheet
Human Rights Watch 27 October “How Does International Humanitarian Law Apply in Israel and Gaza?“ - https://www.hrw.org/news/2023/10/27/how-does-international-humanitarian-law-apply-israel-and-gaza
International Red Cross Website - “States Party to the Following International Humanitarian Law and Other Related Treaties as of 25-September-2023“ - https://ihl-databases.icrc.org/public/refdocs/IHL_and_other_related_Treaties.pdf?fbclid=IwAR3eBK591M9yXKKHoYcVpk1V4uacoRv-J6SCiwPCAH4ofNY2fGTiK26Ptck
International Criminal Court website: Core ICC Texts - https://www.icc-cpi.int/resource-library?fbclid=IwAR0l2pwYyGrtgmjA4_PsHmp5oA0n0Xb9Q0r-GPyq5HfQs4m1aID2JjSftV8#coreICCtexts