WHAT IS INTERNATIONAL LAW?

International law is a combination of rules and customs governing the relations between states in
different fields, such as the law of the sea, space law, trade law, territorial boundaries of states, and
diplomatic relations. International humanitarian law (IHL) is part of international law. Therefore, basic
knowledge of international law is necessary for the understanding of IHL.
The sources of international law are treaty law and international customary law.
TREATY LAW
Treaty law composes of treaties, which are agreements that states willingly sign and ratify and are
obliged to follow. Agreements between states govern the mutual relations between them and may
be called conventions, statutes or protocols. Agreements are only legally binding on states that
signed and also ratified them. The basis of Treaty law is the rule of law pacta sunt servanda,
which means, that agreements must be honored, and adhered to.
INTERNATIONAL CUSTOMARY LAW
Unlike treaty law, which must be followed only by states that are parties to the agreement,
international customary law is binding upon all states, irrelevant of whether they have ratified a
treaty, which contain the rule in question, or not.
When states act consistently in their international and internal relations during a long period of time,
these actions/practices become accepted by the international community as applicable law.
International customary law is comprised of all the written or unwritten rules that form part of the general
international idea of justice.
TWO CRITERIA
There are two criteria for identifying a rule as part of international customary law.
Opinio Juris Sive Necessitatis- is the expressed opinion of states that their actions have a legal
basis. It is thus states themselves (subjective criteria) that recognise certain legal practices or
rules as being legally binding.
Usus - Customary law is confirmed through the actions of states (objective criteria) in accordance
with what is expected of them by international jurisprudence. States' actions are manifested
through their official statements and actual actions.
International customary law is based on prolonged and consistent actions by most states in the world.
When states act consistently in their international and internal relations during a long period of time
these actions/practices become accepted by the international community as applicable law.
Examples of international customary law are the right to life, the prohibition of torture, and that civilians
should not be the object of an attack.
JUS COGENS
Some rules of international law are part of the Latin concept of "jus cogens", also referred to as
peremptory norms, and meaning "the compelling law". Jus cogens status is the highest status that can
be attained by any principles or norms in international law.
Jus cogens status is given only to the most fundamental rules of international law, which are recognized
and accepted by the international community as rules from which no exceptions can be made (article
53 of the Vienna Convention on the Law of Treaties). All states are therefore obliged to follow jus cogens

rules at all times. Crimes which have attained the status of jus cogens are particularly outrageous
crimes, which are seen as affecting the international community as a whole, such as genocide, slavery
and torture.
WHAT IS INTERNATIONAL HUMAN RIGHTS LAW?
International human rights law is part of international law. There is a close relationship between
international humanitarian law (IHL) and international human rights law.
International human rights law codifies human rights in various international treaties. The right to life, the
right to freedom of opinion and expression and the right to health and housing are examples of human
rights.
LIMITATIONS OF HUMAN RIGHTS
In certain cases, such as in times of public emergency which threaten the life of the nation, a state
can derogate from (temporarily depart from) some of their obligations and thus limit their human rights
obligations. A derogation from a right means that the right is not activated for a certain period of time. An
example of a right that can be derogated from under times of emergency is the right to peaceful
assembly. The derogation must be proportional and must not be introduced on a discriminatory basis.
Certain human rights can be limited but only if such limitations are provided for by law and necessary for
the protection of national security or public safety etc. Contrary to a derogation the right is not taken
away but continues to be valid, however, in a limited manner. Examples of rights which can be limited
are the right to freedom of expression and the freedom of association.
Fundamental human rights, such as the right to life and the prohibition on torture and slavery, can never
be derogated from or limited.
APPLICABILITY
International human rights law is applicable to the territory of a state but also extends to any territory
which is under its effective jurisdiction, even if it is outside its borders.
THE RELATION TO INTERNATIONAL HUMANITARIAN LAW
The International Court of Justice in its Advisory Opinion on the Wall from July 2004 considered the
inter-relation between the two bodies of law international humanitarian law and human rights law. It
concluded that by dealing with a situation of armed conflict, IHL is a specific law (lex specialis) compared
to human rights law, which is applicable both in times of armed conflict and in times of peace. It
elaborated three possible inter-relations between the two bodies of law:
situations in which only IHL applies;
situations in which only human rights law applies;
and situations where the legality of the actions needs to be examined under both branches of law,
for example during armed conflict.
Therefore, each action needs to be examined under IHL, human rights law or both together depending
on the circumstances.
WHAT MEANS AND METHODS OF WARFARE CAN ONE USE?
International humanitarian law (IHL) limits the means and methods of warfare. IHL covers the conduct of
military operation by stating which weapons and military tactics can be used in armed conflict. The only
legitimate object during war is to weaken the military forces of the enemy.
WEAPONS THAT CAUSE SUPERFLUOUS INJURY OR UNNECESSARY SUFFERING

IHL prohibits weapons that cause superfluous injuries or unnecessary suffering. There are several
agreements within international law that prohibit or limit the use of certain weapons for that reason.
The use, production, stock-piling, and transfer of anti-personal landmines are prohibited according to the
Ottawa Treaty of 1997.The 1980 Convention on Certain Conventional Weapons (CCW) includes five
protocols covering landmines, incendiary weapons (weapons that set fire to objects or cause burn
injuries to persons), blinding laser weapons, and explosive remnants (weapons and ammunition left
behind after war), undetectable fragments (weapons with the effect to injure by fragments that are nondetectable by x-ray). These treaties are binding on states that have signed and ratified them.
BIOLOGICAL AND CHEMICAL WEAPONS
The use of biological and chemical weapons is prohibited by the 1925 Geneva Protocol. The Protocol is
considered custumary international law and is therefore binding on all states regardless of whether they
signed it or not.
In 1972 and 1993, conventions were adopted to prohibit the use, as well as the production, transfer, and
stock-piling of biological and chemical weapons. These treaties are binding on states that have signed
and ratified them.
Below you will find information about the concept of military necessity, and what is meant by the term
collateral damage.
MILITARY NECESSITY
Military necessity is an exception to a prohibition in international humanitarian law (IHL). The concept
military necessity does, however, not give the armed forces the freedom to do what they want.
According to the Harvard based "Program on Humanitarian Policy and Conflict Research" (HPCR) there
are five tests to verify the proper use of military necessity:
Firstly you have to ask if the measure will violate an absolute prohibition in IHL? The right to take
a measure under military necessity has to be stated in the law.
Secondly, are the military forces facing an actual state of necessity, a danger or a need for
supply?
Thirdly, is the measure taken a sufficient and effective response to the existing threat?
Fourthly, is the measure in line with the principle of proportionality, i.e. does the military advantage
outweigh the risk of damage to the civilians or civilian property?
Lastly, is the decision taken by the correct authority and after careful review?
The tests are included in a policy brief on the Wall and international humanitarian law, with a particular
focus on the concept of military necessity.
OCCUPATION OR AN OCCUPIED TERRITORY WHAT IS IT?
A ...territory is considered occupied when it is actually placed under the authority of the hostile army.
The occupation extends only to the territory where such authority has been established and can be
exercised. (Article 42 of the Hague Regulations.)
Once a situation exist which amounts to an occupation, the law of occupation applies motives for the
presence of the foreign military forces are irrelevant. The question is a matter of facts. It does not make
a difference whether an occupation has received UN Security Council approval or what its aim is for the
applicability of the law of occupation.
OCCUPATION DOES NOT GIVE THE OCCUPYING POWER SOVEREIGNTY OVER THE
TERRITORY; OCCUPATION IS ONLY TEMPORARY.

The legality of any particular occupation is regulated by the UN Charter and the law known as "jus ad
bellum". It means the legality of the use of force itself and whether the war is just or not. This is different
than "jus in bellum" which relates to the legality of the actions of the parties during the armed conflict.
SUMMARY OF THE MAIN RULES OF OCCUPATION
Civilians shall be treated as protected persons (article 4 IVGC and article 47 IVGC). They are entitled to
respect for their person, their honour, their family rights, religious convictions, and traditions. They shall
be treated humanely and never be discriminated against (article 27 IVGC).