Expected Or Important Questions Of International Law Css By Tahir

INTERNATIONAL LAW

TAHIR HABIB ANFAL ACADEMY

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This book is meant for students of CSS. Students appearing in this exam, may be immensely benefited by this book. This book has been written strictly according to Revised syllabus of CSS. It is copied from different sources mostly from 1. International Law by Malcolm N. Shaw 2. International Law – By Dr. S.K. Kapoor 3: Introduction to International Law by J.G. Starke, and extra material is also included. I am highly thankful to Mr. Adnan Jaskani, a prominent educationist and C.E.O of Anfal Academy Quetta. To enhance your concept in International Law read the books of international law authored by Dr. S.K. Kapoor and J.G. Starke, QC I shall feel highly obliged if suggestions for the improvement of the book are brought to my notice, so that future edition of the book may become more useful. TAHIR HABIB ASSISTANT DIRECTOR FISHERIES AND COASTAL DEVELOPMENT DEPARTMENT [email protected]

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CONTENTS S.No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18 19. 20. 21. 22

Topic Introduction to IL (Its definition & Scope) Origin History of IL Is it a proper law? Sources of I law, Law of treaties, Subjects of IL , State , Individual , as subjects of IL. Relationship between IL & Municipal law ( Monism & Dualism) Recognition of state , Government , Belligerent , Modes and types of recognition ( De- Jure and De-Facto) State Jurisdiction / Immunities from jurisdiction International Law of sea , UNCLOS , Freedom of high seas , Hot Pursuit , EEZ , Continental shelf , Maritime IL Modes of Acquisition and Loss of sovereignty over a territory Means of settlement of Disputes amicably. Security council , Challenges to UNSC , UN Charter chapter , V, VI , VII, UNO ICJ ( International Court of Justice) ICC, International criminal court. Nationality, Modes of acquisition and loss of Nationality. Diplomacy, Functions / privileges/ Immunities to the diplomatic envoy. Neutrality , Duties and privileges of neutral state , Neutralized state Asylum Extradition MCQs ( International Law)

Page No.

1-4 5 7 9 12 15 20 23-29 30-36 37-44 45-47 48 50-56 57 61 63 67 70 74 78 79 81-100

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INTRODUCTION & DEFINITION OF INTERNATIONAL LAW The meaning of international law • Modern approach: “the body of law that regulates the activities of entities possessing international personality.” What is international law? • Basically defined, international law is simply the set of rules that countries follow in dealing with each other. There are three distinct legal processes that can be identified in International Law that include Public International Law (The relationship between sovereign states and international entities such as International Criminal Court), Private International Law.

Definition 1. By Oppenheim: - “Law of Nations or international law is the name for the body of customary law and conventional rules which are considered binding by civilized states in their intercourse with each other.” 2. By Alf Ross: - Alf Rose defines the term international law as under: “International law is the body of legal rules binding upon states in their relations with one another.” 3. By Lawrence: - According to him, “ international law is the rules which determines the conduct of the general body of civilized state in their mutual dealings.” 4. Modern Definition: - International law has always been in a continuous state of change. In modern period the term International law may rightly be defined as under; “That body of legal rules which regulates the relationship of the Nation States with each other, as well as, their relationship with other International actors.”

In the past, international law was commonly described as “the law that regulates the relations between states, amongst each other” Or “the system of legal norms regulating mutual relations between states”, or “the set of rules recognized by states and concerning their external relations”, or “the set of rules binding within the international community”

Page |4 Anfal Academy Functions of International law: - Important functions which international law performs in the world justice and politics may be given as under: 1. Maintenance of peace and security, 2. Development of friendly relationship among states and other International actors, 3. Achievement of International co-corporation to solve problems. 4. To solve economic, cultural and humanitarian problems 5. To guarantee political and sovereign integrity of states Beside the above functions there are a number of other functions which international law performs

Scope of International Law The scope of international law is fully extended to independent states. International law began as a system governing the relations among sovereign states and states have always been the primary legal entities affected by international law. As the global system has become more complex, however, international law has come to recognize and regulate international organizations, businesses, nonprofit entities, and individuals. The emergence of international human rights law and, more recently, international criminal law reflects the fact that individuals today are direct subjects of international law in certain respects. Interrelations Among Organizations, their Relations with States and Individuals As its definition says ''The rules and principles regulating the functions and interrelations of international organizations or institutions and their relations with states and individuals." There are various international and regional organizations made by the states especially for common defense like NATO, ASEAN; for common economic uplift like ECO; for cooperation like SAARC; for solving common problems and unity like OIC, OAU etc. Issues and problems may rise from the functions of these organizations. It is often international law to deal with the problems of these organizations. To Deal Issues of Non-State Entities and Individuals.

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HISTORY OF INTERNATIONAL LAW Early history  Basic concepts of international law such as treaties can be traced back thousands of years. Early examples of treaties include around 2100BC an agreement between the rulers of the city-states of Lagash and Umma in Mesopotamia, inscribed on a stone block, setting a prescribed boundary between their two states.  Around 1000BC, an agreement was signed between Ramses II of Egypt and the king of the Hittites establishing "eternal peace and brotherhood" between their two nations: dealing with respect for each other’s territory and establishing a form of defensive alliance. Hittites: Hattian were ancient people inhabited in central Anatolia(Turkey)  The ancient Greeks before Alexander the Great formed many small states that constantly interacted. In peace and in war, an inter-state culture evolved that prescribed certain rules for how these states would interact. These rules did not apply to interactions with non-Greek states, but among themselves the Greek inter-state community resembled in some respects the modern international community. Nation State: After the fall of the Roman Empire and the collapse of the Holy Roman Empire into independent cities, principalities, kingdoms and nations, for the first time there was a real need for rules of conduct between a large international community. Without an empire or a dominant religious leadership to moderate and direct international dealings, most of Europe looked to Justinian's code of law from the Roman Empire, and the canon law of the Catholic Church for inspiration. International trade was the real catalyst for the development of objective rules of behaviour between states. Without a code of conduct, there was little to guarantee trade or protect the merchants of one state from the actions of another. Economic self-interest drove the evolution of common international trade rules, and most importantly the rules and customs of maritime law. Hugo Grotius: 1640 International practices, customs, rules and treaties proliferated to the point of complexity. Several scholars sought to compile them all into organized treatises. The most important of these was Hugo Grotius, whose treatise De Jure Belli Ac Pacis Libri Tres is considered the starting point for modern

Page |6 Anfal Academy international law. De iure belli ac pacis is a 1625 book in Latin, written by Hugo Grotius and published in Paris, on the legal status of war. It is now regarded as a foundational work in international law. Hugo Grotius, also known as Huig de Groot or Hugo de Groot, was a Dutch jurist. Along with the earlier works of Francisco de Vitoria and Alberico Gentili, he laid the foundations for international law, based on natural law. Westphalian treaties: The Westphalian treaties of 1648 were a turning point in establishing the principle of state sovereignty as a cornerstone of the international order. However the first attempts at formulating autonomous theories of international law occurred before this, in Spain, in the 16th century. Peace of Westphalia: 1648 Background : Religious War between Catholic ( Ruling class Austria + Spain+ German catholic prince ) and ( Holy protestants state + German Protestants + Denmark and Sweden) war starts in 1608 end by treaty of Westphalia in 1648 . As a result concept of nation state system emerged. The League of Nations: Following World War I, as after the Thirty Years' War, there was an outcry for rules of warfare to protect civilian populations, as well as a desire to curb invasions. The League of Nations, established after the war, attempted to curb invasions by enacting a treaty agreement providing for economic and military sanctions against member states that used "external aggression" to invade or conquer other member states. An international court was established, the Permanent Court of International Justice, to arbitrate disputes between nations without resorting to war. Meanwhile, many nations signed treaties agreeing to use international arbitration rather than warfare to settle differences. International crises, however, demonstrated that nations were not yet committed to the idea of giving external authorities a say in how nations conducted their affairs. Aggression on the part of Germany, Italy and Japan went unchecked by international law, and it took a Second World War to end it. Modern Treaty Law: Treaties are essentially contracts between countries. They are agreements by which the parties intend to be bound. If treaties are broken, their effectiveness is weakened because there is no guarantee that future promises will be kept. So there is a strong incentive for nations to take treaties very seriously. Modern nations engage in a two-step procedure for entering into treaties. The first step is signing the treaty. Being a signatory to a treaty means that a country intends to enter into the agreement. The second step is ratifying the

Page |7 Anfal Academy treaty. A country that has ratified a treaty has gone beyond merely intending to enter into the agreement, and is now bound by it. This is a critical distinction, and sometimes a point of confusion. A nation may be a signatory to a treaty for many years without ever having ratified it.

IS INTERNATIONAL LAW A LAW IN TRUE SENSE OR NOT? The status of International law, that whether it is a law in true sense or not, is a long debate. Jurists have different views to debate as a result of which different schools of thought have come to exist. The view of each of such school may be given as under: There are two schools: 1: Positive school/Traditional view: IL is not a proper law (Austin, Jeremy, Hobbes, Holland) 2: Historic school/Modern View: IL is proper law (Oppenheim, Hall , Lawrence)

1: Positive School: 

1. International law is not a law in true sense: -

 Traditional view Positive school “Law is a command of the sovereign” {Austin} but International law no command of sovereign and has no sanction.  Austin holds that international law is not a true law. Reasons It does not emanate from Law giving sovereign authority. It has no sanction behind it. (based on Austin's definition of Law).  Austin : International law is a code of conduct enforced by moral sanction. There is no compelling authority as sovereign power over and above disputant states.  Holland’s view: Holland follows the view taken by Austin. “Such rules are voluntarily, though habitually, observed by every state in its dealings with the rest can be called Law only by courtesy” It is not supported by the authority of state. Holland’s view  “ International Law is the vanishing point of jurisprudence”: Reasons Rules of International Law are followed by courtesy and International Law lacks sanction . Hence they should not be kept in the category of law. “ International Law is the vanishing point of jurisprudence”

Page |8 Anfal Academy  Argument of Positive School: 1. IL has no law giving authority , 2: No legal santion, No executive authority 4:Vague and uncertain rules 5:Limited Jurisdiction According to this school of thought International law is not a law in true sense. They give following arguments in support of their view: i. There is no superior political authority ii. There is no legislature to enact the rules as in municipal law, iii. There is no judicial machinery to interpret the laws, iv. There is no executive authority to enforce international law v. International law is frequently violated by states. So, on the basis of the above arguments this school of thought has contended that international law is not a law in its true sense.

2.(Modern View) International law is a law in true sense: According to this school of thought international law is a law in true sense. They give the following arguments in support of their view: i. For the definition of law a political superior authority is not so necessary, ii. In fact there is a legislative body in the shape of General Assembly and Security Council and the states enter into treaties which also act as legislature, iii. In fact there is a potent judicial machinery in the shape of International Court of Justice ( IJC ). Though its decisions are binding on the parties when they by their mutual consent refer the case to it. iv. It is wrong to say that there is no executive authority to enforce International law, because the adverse view of the member states and fear of cessation of diplomatic and economic ties and fear of war act as sanction for its implementation. v. It is right to say that international law has frequently been violated but on this basis the status of international law as a law shall not be denied because law is law and its obedience is totally an other factor. And municipal law has also been violated. vi. Furthermore, states themselves consider it binding upon them. 3. International law is a law but a weak law: - This school of thought accepts the status of International law as a law but according to them it is a weak law. They give following arguments in the support of their view: i. There is no coercive agency to enforce it, ii. It has frequently been violated, iii. Big powers interpret it according to their wishes,

Page |9 Anfal Academy iv. Though there is an international court of justice, but it enjoys no compulsory jurisdiction. Its decisions are only binding in circumstances where both the parties by their mutual consent refer the case to it, v. There are some sanctions to enforce it but the same are to inadequate to attain the end of international justice. Conclusion: - From the above discussion it may be concluded the international law is a law but a weak law due to many technical defects in it.

SOURCES OF INTERNATIONAL LAW There is no central international body that creates public international law; it is created by several sources. The Charter of the United Nations is the establishing document for the International Court of Justice (ICJ) as the principal judicial organ of the UN. Article 38(1) of the Statute of the International Court of Justice lists the sources that the ICJ uses to resolve disputes as follows: 1. The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply: a) international conventions, whether general or particular, establishing rules expressly recognized by the contesting states; b) international custom, as evidence of a general practice accepted as law; c) the general principles of law recognized by civilized nations; d) subject to the provisions of Article 59, judicial decisions and the teachings of the most highly qualified publicists of the various nations, as subsidiary means for the determination of rules of law.

According to Article 38(1) of the Statute of the ICJ the five traditional sources recognized under international law are as follows: 1st Source: Treaty: - means an international agreement concluded between states or parties – may be bilateral /multilateral and may be called any of the following names/types: - charter, convention, covenant, Protocol. > Effect of ratification of a treaty. > Effect of domestication of a treaty into national law: - See Agbakoba v. director of SSS (1994) 6 NWLR (pt.351) 475; Abacha v. Fawehinmi (2000)6 NWLR (pt. 660) 228. Examples of treaties : 1: The Vienna Convention for the Protection of the Ozone Layer: 1985 – (197 Signs) is a multilateral environmental agreement signed in 1985

P a g e | 10 Anfal Academy that provided frameworks for international reductions in the production of chlorofluorocarbons due to their contribution to the destruction of the ozone layer and resulting increase in the threat of skin cancer. 2: The Kyoto Protocol is an international treaty which extends the 1992 United Nations Framework Convention on Climate Change (UNFCCC) that commits state parties to reduce greenhouse gas emissions, based on the scientific consensus that (part one) global warming is occurring and (part two) it is extremely likely that human-made CO2 emissions have predominantly caused it. The Kyoto Protocol was adopted in Kyoto, Japan on 11 December 1997 and entered into force on 16 February 2005. There are currently 192 parties (Canada withdrew from the protocol, effective December 2012) to the Protocol. 3:The United Nations Convention against Corruption (UNCAC) is a multilateral treaty negotiated by member states of the United Nations (UN) and promoted by the UN Office on Drugs and Crime (UNODC). It is the only legally binding international anti-corruption instrument. UNCAC requires state parties to the treaty to implement several anti-corruption measures that focus on five main areas: prevention, law enforcement, international cooperation, asset recovery, and technical assistance and information exchange. 4:The International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) is a United Nations convention. A thirdgeneration human rights instrument, the Convention commits its members to the elimination of racial discrimination and the promotion of understanding among all races. The Convention also requires its parties to outlaw hate speech and criminalize membership in racist organizations.

2nd source : International Custom Customary international law consists of rules that derive from "a general practice accepted as law" and exist independent of treaty law. Unlike treaties, customary international law is not written. To prove that a certain rule is customary, it has to be shown that it is reflected in state practice and that the international community believes that such practice is required as a matter of law. Custom: - is evidence of a general practice accepted as law. This can be established by the existence of bilateral/multilateral relations between states based on the belief of the existence of a legal obligation (i.e. opinion jurislegal belief or state practice). E.g., the 4 Geneva Conventions and the Hague Conventions (on conduct of war, treatment of prisoners of war

P a g e | 11 Anfal Academy etc) and the entire provisions of the Universal Declaration of Human Rights of 1948. Custom has evolved through a long historical process by which state practices and recognition of the binding character of those practices have become normative rules. The rationale for custom is that it rests on the consent of sovereign or equal states. The creation of custom can be slow and its content uncertain, and it has been replaced to a large extent by multilateral treaties, but custom nontheless continues to contribute significantly to international law.

3rd Source :General Principles of Law The 'general principles of law as recognised by civilized nations' have been traditionally recognised by courts as a source of international law, using judicial reason and logic to abstract the normative rule. See for example the decision of the PCIJ in the Chorzow Factory (Indemnity) case (1928) Judicial Decisions: - of international courts and tribunals such as the ICJ, ICC, ICTY, ICTR, UN Special Court for Sierra-Leone, European Court of Justice, European Court of Human Rights, African Court of Human Rights, Inter-American Court of Human Rights. Examples of Judicial Decisions The Trial smelter case 11 March 1941 Arbitral judgement is considered as having laid the foundations for international environmental law, at least regarding trans-border pollution. In its conclusion, the Arbitral Tribunal stated that: - “No state has the right to use or permit the use of its territory in such manner as to cause injury by fumes in or to the territory of another…”

4th Source Teachings of 'Highly Qualified Publicists' The writings of jurists are important in describing and analysing evolving norms and identifying general principles of law. In the absence of decisions of international tribunals, the body of international legal doctrine depends on the articulation of jurisprudence in books and journal articles. Writings of Scholars/Jurists/Commentators: - of long standing research and experience rooted in their fields of specialization are relied upon for trustworthy evidence of what the law really is and not what it ought to be.

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LAW OF THE TREATY LAW OF TREATIES • Introduction • Codification of the Law of Treaties • Definition • Conclusion of Treaties • Reservations • Registration and Publication • Observance, Application and Interpretation of Treaties • Treaties and Third States • Invalidity of Treaties • Termination of Treaties • Supplementary Reading 1) Introduction • Treaties are the principle source of international rights and obligations. • Every State is a party to hundreds of treaties, bilateral and multilateral. • Treaties regulate practically every aspect of State behavior in times of peace and in times of war.

2) Codification of the Law of Treaties • The law of treaties has been codified. The Vienna Convention on the Law of Treaties was signed at Vienna on 23 May 1969 and entered into force on 27 January 1980 after being ratified by 35 States. • The Preamble to the 1969 Vienna Convention provides, however, that “the rules of customary international law will continue to govern questions not regulated by the provisions of the present Convention”. • The 1969 Vienna Convention on the Law of Treaties applies only to treaties concluded by States. An additional treaty dealing with treaties concluded between States and international organizations or between international organizations was signed in 1986 in Vienna. It has not yet entered into force.

3: Definition • Article 2 p. 1(a) of the VCLT defines “treaty” as –an international agreement concluded between States –in written form, –governed by international law, –whether embodied in a single instrument or in two or more related instruments – whatever its particular designation.

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Other names commonly used for treaties include: convention, charter, protocol, memorandum, exchange of notes, declaration, covenant, agreement, pact etc. The name given to a treaty may indicate its significance, however, it does not affect its legal character.

4) Conclusion of Treaties • The process of concluding a treaty may vary depending on its subject matter and the number of parties involved (bilateral treaties, multilateral treaties). • Every State possesses capacity to conclude treaties. • In the process of concluding international treaties States act through their representatives. State representatives have to produce full powers.

• “Full powers” means a document emanating from the competent authority of a State designating a person or persons to represent the State for negotiating, adopting or authenticating the text of a treaty, for expressing the consent of the State to be bound by a treaty, or for accomplishing any other act with respect to a treaty. • Heads of State, Heads of Government and Ministers for Foreign Affairs, by virtue of their functions, can perform all acts relating to the conclusion of a treaty without having to produce full powers (Article 7). • The process of the conclusion of treaties consists of several stages including: negotiations, adoption of the text of a treaty, authentication of the text of a treaty and expressing consent to be bound by a treaty.

5) Reservations • A State may, while signing, ratifying, accepting, approving or acceding to a treaty, formulate a reservation. • Reservation means a unilateral statement, however phrased or named, made by a State by which it intends to exclude or to modify the legal effect of certain provisions of the treaty in their application to that State (Article 2). • Formulating reservations is permitted unless the reservation is prohibited by the treaty or is incompatible with the object and purpose of the Treaty. • Other States may accept or object to reservations.

P a g e | 14 Anfal Academy • Article 309 of the 1982 Convention on the Law of the Sea provides that “No reservations or exceptions may be made to this Convention unless expressly permitted by the articles of this Convention”.

6) Registration and Publication • Treaties concluded by the Member States of the United Nations have to be registered with the Secretariat of the United Nations. • Article 102 of the Charter of the United Nations provides that “Every treaty and every international agreement entered into by any Member of the United Nations after the present Charter comes into force shall as soon as possible be registered with the secretariat and published by it”.

7) Observance, Application and Interpretation of Treaties • Every treaty in force is binding upon the parties to it and must be performed by them in good faith (pacta sunt servanda - Article 26). • In principle, a treaty is binding upon each party in respect of its entire territory (Article 29). • There are, however, treaties which application is localized (e.g. treaties establishing servitudes, navigation rights on international rivers or canals)

8) Invalidity of Treaties: • The validity of a treaty or the consent to be bound by a treaty may be impeached. • Invalidity eradicates legal effects of the treaty. The reasons which may lead to invalidity of treaties include: 1. a manifest non-compliance with municipal law of fundamental importance, regarding competence to conclude treaties (Article 46); 2. omission of restrictions of authority of a State representative, if the restriction was notified to the other negotiating States (Article 47); 3. error, if related to the fact or situation which was assumed by a State to exist at the time when the treaty was concluded and formed an essential basis of its consent to be bound by the treaty (Article 48); 4. fraudulent conduct of another negotiating State (Article 49); 5. corruption of a representative of a State (Article 50). 6. A treaty is automatically invalid (null and void) if: the expression of a State’s consent to be bound by a treaty has been procured by the coercion of its representative through acts or threats directed against him (Article 51);

9) Termination of Treaties • The termination of a treaty (or the withdrawal from a treaty) may take place in conformity with its provisions or by the consent of all the parties to that treaty • Also, a treaty terminates if all the parties to it conclude a new treaty relating to the same subject matter.

P a g e | 15 Anfal Academy • A treaty may also be terminated: 1. as a consequence of its material breach by one of the parties (Article 60); 2. because of the supervening impossibility of performance resulting from the permanent disappearance or destruction of an object indispensable for the execution of the treaty (Article 61); 3. in case of a fundamental change of circumstances existing at the time of the conclusion of the treaty, provided the existence of those circumstances constituted an essential basis of the consent of the parties to be bound by the treaty and the effect of the change is to radically transform their remaining obligations. However, the fundamental change of circumstances cannot be invoked to terminate a treaty establishing a boundary or if the fundamental change is the result of a breach of an obligation.

SUBJECTS OF INTERNATIONAL LAW What are the subjects of international law? Discuss. Ans: - By subjects of international law it is meant that those entities which possess international personality. In other words subjects of international law are those entities that have rights duties and obligations under international law and which have capacity to possess such right, duties and obligations by bringing international claims. In past the matter was not much debatable because according to the contemporary circumstances and scope of international law only the states were qualified for international personality, but in near past along with the increasing scope of international law many other entities have been given international personality. Now, the question arises; whether they may be treated as subjects of international law or not? And also if they were given the international personality then what shall be the criteria for ascertaining the qualification of their being the subjects of international law.

1. Realist Theory: - According to the followers of this theory the only subject of the international law are the Nation States. They rely that Nation States are the only entities for whose conduct the international law came into existence.

2. Fictional Theory: - According to the supporters of this theory the only subjects of international law are the individuals. For the reason, that both the legal orders are for the conduct of human being and for their good well. And the Nation States are nothing except the aggregate of the individuals.

3. Functional Theory: - Both the Realist and Fictional theories adopted the extreme course of opinions. But Functional theory tends to meet both the

P a g e | 16 Anfal Academy extremist theories at a road of new approach. According this theory neither states nor individuals are the only subjects. The concept of International personality International person is one who possesses legal personality in international law. One who is subject of international law enjoy rights, duties / powers established in international law + have the capacity to act on the international plane

Characteristic of international personality > The enjoyment of rights conferred and the subjection to obligation imposed by international law > Capacity to enter into treaties and agreements valid on the international plane > Capacity to make claims in respect of breaches of international law The enjoyment of privileges and immunities from national jurisdiction

1) States as subject of IL States are the original and major subjects of International Law. Their legal personalities derive from the very nature and structure of the international system. All States, by virtue of the principle of sovereign equality, enjoy the same degree of international legal personality International Law is primarily concerned with the rights, duties and interests of States. Normally the rules of conducts that International Law prescribes are rules which States are to observe. Oppenheim stated four condition for the existence of states > People : there must be people who live together as a community even though they may belong to different races, religion or colours > Territory : in which the people is settled. Wandering people is not a state > Government : one or more persons act for the people and govern according to the law of the land > Sovereignty : supreme authority which is not dependant on other authority/independent. Criteria of statehood under IL Article 1 of the Montevideo Convention on Rights and Duties of States

P a g e | 17 Anfal Academy The state as a person of IL should possess the following qualification Permanent population Defined territory Government Capacity to enter into relations with other states Defined territory -the control of territory is the essence of a state -territorial sovereignty allows a state to exercise sovereignty within that territory without any interference from foreign government without its consent -this concept is defined by geographical area separated by borderlines from the other state’s territory. So, the delimitation of state boundaries is of crucial importance. -absolute certainty is not required ( sebab tu banyak frontier dispute)

2) International Organisation as Subject: Apart from state, international organisation is a subject of IL since they are the organization of states which are assigned with specific function, they must enjoy some measure of international personality to carry out the function. An international organization is an association of States, established by a treaty between two or more States. Its functions transcend national boundaries. It is for certain purposes a subject of International Law. Rights conferred to international organization The treaty making power Privileges and immunities Right to bring international claim The right to protection for its agent acting in their official capacity

3) Non-State Entities are subjects of I Law: There are certain entities, although they are not regarded as independent States, they are granted a degree of personality, a definite and limited special type of personality, under International Law. Such entities have certain rights and duties under International Law. They can participate in international conferences and enter into treaty relations. However, the rights and duties of these entities in International Law are not the same as those of the States. They have a sort of international personality. The capacity of each of them is more limited than an

P a g e | 18 Anfal Academy independent State has since it is limited to the purpose it is existed for and the powers or functions it can perform. These entities fall into the following categories:

A: Insurgents and Belligerents: Insurgents are individuals who participate in an insurrection (rebellion) against their government. Belligerents are a body of insurgents who by reason of their temporary organized government are regarded as lawful combatants conducting lawful hostilities, provided they observe the laws of war. For a long time, International Law has recognized that insurgents and belligerents may in certain circumstances, primarily dependent upon the de facto administration of specific territory, be international subjects having certain rights and duties under International Law, and may in due course be recognized as de facto governments

B: National liberation movements: In the course of anti-colonial actions sponsored by the United Nations and regional organizations, these organizations and the member States have conferred international legal status upon certain national liberation movements. > The Security Council of the United Nations permitted the Palestine Liberation Organization (PLO) to participate in its debates with the same rights of participation as conferred upon a member State not a member of the Security Council. > In 1974, the General Assembly recognized the international legal status to the Angolan, Mozambican, Palestinian, and Rhodesian movements (which had been recognized as such by the Organization of African Unity (OAU) or the Arab League), and accorded them observer status in its meetings, in meetings of various organs of the United Nations, in meetings of the United Nations specialized agencies, and in conferences convened under the auspices of the United Nations.

4) Individuals Alone are Subjects Of IL:  Professor Kelsen is one of the chief exponents of this theory regarding the subjection of International Law.  Kelsen is a little bit rigid in considering all the international legal rules for directly the individuals and not the state which in real has no existence without individuals. The individuals which are particularly considered under this theory include; slaves, pirates, war-prisoners, diplomats and spies.

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 This fact is to be evaluated from following arguments; Today, several treaties carry no other objective but that of conferring certain rights and duties upon their citizens. For instance, states sign treaties regarding minorities to give them rights to seek aid from international law in case they are aggrieved by the state. Permanent Court of Justice held in 'Danzing Railway Case' that, "The court will recognize all those treaties made between states conferring rights upon individuals". Geneva Convention on Prisoners of War secured particular rights for war prisoners. The Nuremberg & Tokyo Tribunals made to inquire war crimes concluded that; "Crimes against international law are committed against men and not by abstract entities. They are to be punished under International law". Genocide Convention of 1948 also imposed certain duties directly upon individuals.

Before the twentieth century, the view was that individual was merely an object and not subject of IL. However, since the WW1, the community of nations has become increasingly aware of the need to safeguard individual’s right under the IL. Thus, many scholars provided the thesis that individual should also be regarded as subject of IL. Legal responsibility of individuals under IL -There are norms which establish direct responsibility of an individual. Individual who commit certain crime under IL should be punished as according to IL. Eg : piracy, slave trading, genocide, war crime and crime against humanity International law directly impose a legal duty upon individual not to commit such crimes. -After WW2, international military tribunals were set up at Nuremberg and Tokyo. The judgment of the Nuremberg and Tokyo International Military Tribunal affirmed the criminal responsibility of individual under IL. The often quoted passage : crime against international law are committed by men, not by abstract entities and only by punishing individuals who commit such crime can the provision of IL be enforced. Rights of individuals under IL -individual has some degree of international personality but to a very limited extent, much more limited than the legal personality of an international organisation. General rule : the individual have no locus standi or access to international court and tribunal, most international tribunals are not open for individuals. Access of individual to the ICJ

P a g e | 20 Anfal Academy Article 34 (1) of the Statute of ICJ provides that – only states shall be the parties in cases before the court. Individuals or corporations has no locus standi before the court -if they are victim of international wrongful act of a foreign government, they have to persuade their national state to take up the case and initiate proceeding against the responsible state before the world court Exceptions (individual may be given right to appear before an international tribunal) : European Convention on Human Rights and Fundamental Freedom – any private individuals who are nationals of state parties can bring an action before the European Court of Human Right against their own government for violations of human right

RELATION BETWEEN MUNCIPLE LAW & INTERNATIONAL LAW Apparently there seems no relationship between international law and municipal law. Bet if examined with philosophical eve then it would be seemed that there is a relationship between both the legal orders. The test as to observe the relationship between the two systems may be conducted in case of a conflict between the two legal orders. The situation would arise that what law shall be applicable to the case in question. As to relationship between municipal law and international law there are many theories the most prominent one of which may be discussed as under: I. Dualistic Theory: - According to the followers of this theory Municipal law and International law are two separate, distinct and self-contained legal orders, independent from each other. Both the orders enjoy its own spheres and each one is the supreme in its own sphere. They accept the separate and independent existence because, according to them, there are following points of distinctions between both the orders: Anzilloti’s view : ” There is difference between the fundamental principles of the international law and munciple law”  Dualists emphasize the difference between national and international law, and require the translation of the latter into the former. Without this

P a g e | 21 Anfal Academy translation, international law does not exist as law. International law has to be national law as well, or it is no law at all. If a state accepts a treaty but does not adapt its national law in order to conform to the treaty or does not create a national law explicitly incorporating the treaty, then it violates international law. But one cannot claim that the treaty has become part of national law. Citizens cannot rely on it and judges cannot apply it. National laws that contradict it remain in force. According to dualists, national judges never apply international law, only international law that has been translated into national law.  Examples : In some countries, such as the UK for instance, the dualist view is predominant. International law is only part of British national law once it is accepted in national law. A treaty "has no effect in municipal law until an Act of Parliament is passed to give effect to it.  Example: The United States of America has a "mixed" monist-dualist system; international law applies directly in US courts in some instances but not others. 1. Sources: - The sources of both the systems are quite different. Municipal law has its source in the land legislature, while International law has its sources in treaties, entered into by different sovereign states, international customs and general principals of law etc. 2. Subject: - The subjects of both the systems are different. As for as, Municipal is concerned that is an order of the sovereign of the state addressed to the individuals, while at the other hand the subjects of the international law are the states, and to the lesser extent other actors including individuals. In other words Municipal law is between the individuals and international law is between the sovereign states. 3. Principles: - Municipal law is the aggregate of the principles of state legislature, while International law is obeyed because of principle “Pacta sunt servanda (agreements shoul be kept) At the other hand, municipal law has a legal sanctity while International is obeyed because states are morally bound to observe. 4. Dynamism: - It is a unique characteristic of International law that it continuously changes and expands while municipal law remains limited. So, on the basis of the following points of distinction between the two legal systems the supporters of Dualistic Theory contend that they both are separate and distinct orders having separate spheres of application II. Monistic Theory: - According to the followers of this theory International law is not distinct and autonomous body of law, rather there exists only one sets of legal system i.e. the domestic legal order. They have criticized the view adopted by Dualists, and also rejected the alleged distinction between Municipal law and International law as pointed out by the dualists. According

P a g e | 22 Anfal Academy to them both the international law and municipal law are related with the same legal system. And it is not possible to treat them severely. Exponents of theory: Prof: Hense Kelson, Wright and Duguit and starke. According to Starke : ‘ International law and state law are two branches of the unified knowledge of law “  In a pure monist state, international law does not need to be translated into national law. It is simply incorporated and has effect automatically in national or domestic laws. The act of ratifying an international treaty immediately incorporates the law into national law; and customary international law is treated as part of national law as well. International law can be directly applied by a national judge, and can be directly invoked by citizens, just as if it were national law. A judge can declare a national rule invalid if it contradicts international rules because, in some states, international rules have priority. In other states, like in Germany, treaties have the same effect as legislation, and by the principle of Lex posterior derogat priori ("Later law removes the earlier"), only take precedence over national legislation enacted prior to their ratification.  In its most pure form, monism dictates that national law that contradicts international law is null and void, even if it post-dates international law, and even if it is constitutional in nature. From a human rights point of view, for example, this has some advantages. For example, a country has accepted a human rights treaty, such as the International Covenant on Civil and Political Rights, but some of its national laws limit the freedom of the press. A citizen of that country, who is being prosecuted by his state for violating this national law, can invoke the human rights treaty in a national courtroom and can ask the judge to apply this treaty and to decide that the national law is invalid. They do not have to wait for national law that translates international law. Their government can, after all, be negligent or even unwilling to translate. The treaty was perhaps only accepted for political reasons, in order to please donor-countries for example : "So when someone in The Netherlands feels his human rights are being violated he can go to a Dutch judge and the judge must apply the law of the Convention. He must apply international law even if it is not in conformity with Dutch law" III. Transformation Theory: - Dualistic and Monistic both are the extreme views. They both are opposite to each other. But the Harmonization theory impliedly accepts the distinction between the two legal orders but they contend that the differences or conflicts between them may be harmonized. “ Treaty can bind the subjects of state (individual) only when it is transformed into national law”

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RECOGNITION OF A STATE Recognition: - The term recognition as an international legal term may be defined as under: “The acknowledgement or acceptance by the members of international community, that a new state has acquired international personality, is said to be recognition.” Essentials: - The main essentials of recognition may be given as under: 1. That the community ( of new state ) must be politically organized. 2. That it should have control over a definite territory. 3. That the control should tend towards permanency. 4. That such community must be independent. According to International Law, Recognition is the formal acknowledgment of the status of an independent State by other existing states.    

Every State has to have some essential features, called attributes of statehood, in order for other States to recognize the State as independent. States are considered as the principal persons in International Law. The recognition of a state is often a political act of a state. Recognition is not a conclusive proof of the existence of the state.

Theories of Recognition Recognition of a State is more of a political concept than a legal concept because there are no specific rules for recognition of a State. There are two popular theories laid down for the purpose of understanding the nature of recognition:  

Constitutive Theory Declarative or Evidentiary Theory

Constitutive Theory Oppenheim, Hegal and Anziloti are the chief exponents of this theory. According to this theory the only certificate to issue international personality to a new born state is the consent of the already existing states. In other words, a new entity shall only be called a state when the existing states acknowledges about its statehood. So, the independence of a new entity shall not amount it to be called a state unless it has not recognized by the existing states. According to this theory, recognition is a necessary condition for statehood and personality. It is a process by which a political community acquires personality and becomes a member of the family of nations. A State comes into existence through recognition only and exclusively.

P a g e | 24 Anfal Academy According to prof: Oppenheim: ‘ A state is an and becomes an international person through recognition only and exclusively’ Examples:   

Poland and Czechoslovakia were recognized by the instrumentality of the Treaty of Versailles. Germany was divided into two parts after the World War II by a treaty Korea was divided into two parts

Criticism: - The theory has severely been criticized by a number of jurists. Because, at first instance that states do not seem to accept recognition as a legal duty. And at the second instance, it creates many difficulties when a community claims of being a new state and its non-recognition will, according to this theory, imply that it has no rights, duties and obligations under international law. The theory is not correct in any sense so shall be rejected.

Disadvantages of the theory 

 

Recognition is political and diplomatic but not legal. This theory imposes an obligation on all member states to recognize a State. Practically, no state wants to do something on obligation. There is no law the obliges established states to recognize new States. Recognition of a State can be done by few States and others might refuse. According to this theory, the recognition should be done by all the States.  Palestine is recognized as country by 80 nations thought it does not have a definite territory, population and a definite Government.  Israel is formed in 1947 by the United Nations Organization. Within few hours, many countries too recognized it. However, India recognized it in 1992.

Declarative Theory or Evidentiary Theory The chief exponents of this theory are Hall, Wagner, Fisher and Brierley. According to this theory, the statehood or the authority of new Government is not dependent on the consent of the existing state but is based on some prior or existing fact. According the followers of this theory, the recognition by the existing states is merely a formal acknowledgement of the statehood and not the condition.

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This theory states that declaration is a mere formality and has no legal effect as the existence of a State is a mere question of fact.



Every new state becomes a member of the family of nations ipso facto by its coming into existence. Recognition only provides the evidence to this fact. This theory says recognition is not important. Disadvantages



The theory fails to explain legal rights and consequent of a recognized state.



Example: Taiwan is a democratic country and is adjoining areas where Chinese territory. Only few countries recognize Taiwan yet it had business dealings with almost every country.

In fact the statehood is dependent on the some prior conditions necessary for an entity to be called as a state. Criticism: - This theory has also been criticized, because it is not correct that in all cases the existing fact shall imply the statehood, rather some time the statehood may be constitutive.

Modes of Recognition: According to Starke , Oppenheim , & Edward Collins there are two modes of recognition, which may be given; 1. De facto Recognition. 2. De jure Recognition. 1. De facto Recognition: - The provisionally grant; that is subject to fulfillment of all the attributes of statehood, of recognition to a new state which has acquired sufficient territory and control over the same, but the recognizing states considers it not stable more, is said to be De facto Recognition. According to Schwargenberger’s : ‘’ When the state wants to delay the dejure recognition of any state, it may , in the first stage grant De facto recognition.’’ According to Oppenhiem: ‘’ De facto recognition is provisional and liable to be withdrawn if the requirement of the recognition fails to be materialized” This is a provision recognition and not a permanent one. i.e it can be withdrawn by other States at any time. It is the first step towards becoming a recognized country. Recognition is only by fact and not legal. State may have more than one Governments. No exchange of diplomatic representatives takes places. State succession might not happen. Mere de facto recognition is not sufficient to get UN membership. Example: Israel, Bangladesh, Taiwan, Sahawi Arab Republic etc.

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2. De jure Recognition: - The grant of recognition to a new born state by an existing state, when it considers that such new born state has attained all the attributes of statehood with stability and permanency, is called De jure Recognition. This is a permanent recognition which one granted cannot be taken back or withdrawn by other States. It is regal and rightful. State will have only one Governments. Exchange of diplomatic representatives takes places. State succession happens smoothly. de jure recognition by majority states his essential for UN membership. According to Prof: Smith : Following are three conditions which must be fulfilled by the state in order to be granted the De-jure recognition: A: Permanence & stability B: Population should give its support to its government. C: Willingness and ability to carry out international obligations. Example: British Government recognized Russian Government De-jure in 1924 and later on she cut off in 1927. But that did not affect the Russian Government. Related Case Laws 

Luther vs. Sagor (1921 (1)

Differences Between De facto and De jure Recognition. De facto and De jure recognition may differentiate on the basis of following points of distinction.

De facto Recognition.

De jure Recognition.

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1.It is provisional recognition subject to fulfillment all attributes of statehood. 2. It creates few essential rights and duties for recognized and recognizing states. 3.It does not create full diplomatic intercourse between the parties.

1. it is absolute recognition granted to a state which have attained all the attributes of statehood, possesses sufficient control with permanency. 2. It creates absolute rights for the parties thereto. 3. It creates full diplomatic intercourse between the parties.

4. The full diplomatic immunities are not granted in this case.

4. Here full diplomatic relations are granted to the recognized state.

5. In this case the recognized state

5. In this case, the claim can be made

Forms of Recognition: - There are following two forms for the declaration of recognition. 1. Express Recognition. 2. Implied Recognition. 3.Conditional Recognition. 1. Express Recognition: - The declaration or notification by an existing state which purports the intention to recognize a newly born state, the recognition is said to be express recognition. In other words, when a formal and express declaration or statement is made and published or sent to the opposite party, the recognition is said to be express recognition. 2. Implied Recognition: - When the existing state shows its intention of recognition of a newly born state by some acts, the recognition is said to be implied recognition. In other words, in case of implied recognition no formal statement or declaration is to be made, rather the intention of recognition is to be collected by the acts or transactions of the existing state. So, if such acts purport intention of recognition, it is said to be implied recognition. 3.Conditional Recognition: - The grant of recognition by an existing state to a newly born state stipulated on fulfillment some conditions in addition to the requirements of statehood is said to be conditional recognition. As for as, the recognition is concerned it is itself conditioned with the fulfillment of the essentials of statehood, that is to say, the new state must occupy some territory, has some

P a g e | 28 Anfal Academy population, government and sovereignty. If these requirements have been complied with by the new state, then that should be recognized by existing states.

Legal effects on Recognized state

Legal effects on Non-Recognized state

Can sue in the international courts Diplomatic relations established Application of the rules of IL Entitled to sovereign immunity Right of succession

Cannot sue in the international courts No Diplomatic relations established No Application of the rules of IL Not Entitled to sovereign immunity No Right of succession

Recognition of Government:

- As we know that government is an essential of statehood. By government it is meant the administrative and controlling tool of a state. Once a state comes into being, its government may change from time to time. If the change of government takes place in ordinary political life it the existing states are not required to recognize the new government. But sometimes the change of a government takes place as a result of a revolution. In such a case, it becomes necessary to ascertain that whether this new revolutionary government is; i. capable of having sufficient control over the people of the territory or not, and ii. willing to maintain international responsibilities and duties or not. So, if the existing states consider that this new government is capable of fulfilling the above conditions then the new government may be recognized. The recognition of new regime means that the existing states are satisfied that the new government has a capacity to control and is willing to perform international duties and obligation. The recognition may be either de facto or de jure. And the intention may be expressed either by sending a message to the authority of the new government or to declare the same in a public statement. The modern practice is seemed to reject the doctrine of recognition of new government. Now, some states as USA and U.K and others have adopted a course to give assent to the above pre conditions for a government merely by extending relation or cessation of relations with such government. Non-recognition of government doesn’t affect the recognition of a state. A state remains recognized the only consequence of the non-recognition of the new revolutionary government is the suspension of the bilateral relations between the existing state and the new government. And as soon as the said government is to be replaced by any other government, if recognized the relations shall be recontinued on the same pattern as were with the previous government of the revolutionary one. Then consequences of the recognition of a new government

P a g e | 29 Anfal Academy means to keep the relations in the same manner as were with the previous government.

Recognition of Belligerency: -

Belligerency is the treatment to consider a civil war as a real war between two rival powers by other existing states The recognition by the existing states of the rebels in case of civil war in a belligerent state is said to be recognition of belligerency. In other words, when a state goes in a state of belligerency where the rebels have a considerable control over a substantial territory of nation, the rebels may be recognized by the existing state. Such recognition is said to be recognition of belligerency. Conditions: - There are following conditions by the movement of rebels to recognized by other states: a. That the movement shall be of a general character. b. That rebels shall have in possession a substantial part of the national territory. c. That they are giving respect and bind themselves for the warfare laws and other international duties. d. That they have a proper force. If the above conditions have been fulfilled by rebels then they may recognized by other existing states, and shall enjoy the international rights.

Recognition of Insurgency: The recognition by existing states the de facto authority over a large territory of the rebels is said to be insurgency. In case of insurgency the rebels or the insurgents occupy a large part of the national territory which was formerly governed by the parent government. And if they are capable to control over that occupied part then the existing states may recognize it. Conditions: Prior to recognize the insurgency it is necessary for the recognizing state to satisfy the following conditions; 1. Firstly, when insurgents occupy a considerable parent state’s territory, 2. Secondly, they have a support from the majority of the citizens of the parent state, 3. Thirdly, they are acting under a proper command and, 4. Fourthly, they have good control over the occupied territory. When the in case of an insurgency the above requirements have been complied with then it is on the discretion of the existing state weather to recognize or not. The recognition of an insurgency is the first step towards the diplomatic relations with their government. But if the insurgency did not succeed in their attempt after recognition by the any existing state, the recognition shall be deemed to have been extinguished.

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STATE’S JURISDICTION DEFINITION I. capacity of a State under International Law to prescribe and enforce the rules of law II. it is the authority of a State over persons, property and events which are primarily within its territories (its land, its national airspace, and its internal and territorial water) - it involves the powers to prescribe the rules of law, to enforce the prescribed rules of law and to adjudicate State jurisdiction is the capacity of a State under International Law to prescribe and enforce the rules of law. It is derived from the State sovereignty and constitutes its vital and central feature. It is the authority of a State over persons, property and events which are primarily within its territories (its land, its national airspace, and its internal and territorial water). This authority involves the powers to prescribe the rules of law, to enforce the prescribed rules of law and to adjudicate. The powers related to State jurisdiction raise the question regarding the types and forms of State Jurisdiction.

SCOPE & EXTENT OF STATE JURISDICTION: State jurisdiction may extend beyond its territory over persons and things which have a national link. This extension raises the question regarding the grounds or the principles upon which the State can assert its jurisdiction within and beyond its boundaries. Nevertheless, there are certain persons, property and events within a State territory which are immune from its jurisdiction. This limitation to a State jurisdiction raises a question regarding the immunity from jurisdiction.

Types of State Jurisdiction: Accordingly, it is of three types: legislative jurisdiction, executive jurisdiction and judicial jurisdiction.

1: Legislative jurisdiction Legislative jurisdiction is the capacity of a State to prescribe rules of law. A State has the supremacy to make binding laws within its territory. It has legislative exclusivity in many areas. This supremacy is entrusted to constitutionally recognized organs. Although legislation is primarily enforceable within a state territory, it may extend beyond its territory in certain circumstances. International Law, for

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example, accepts that a State may levy taxes against persons not within its territory as long as there is a real link between the State and the proposed taxpayer, whether it is nationality or domicile. The legislative supremacy of a State within its territory is well established in International Law. However, this supremacy may be challenged in cases where a State adopts laws that are contrary to the rules of International Law. In such cases, a State will be liable for breach of International Law. 2: Executive Jurisdiction: It is the capacity of a State to act and to enforce its laws within its territory. Generally, since States are independent of each other and possess territorial sovereignty, they have no authority to carry out their functions on foreign territory. No state has the authority to infringe the territorial sovereignty of another State. In this sense, a State cannot enforce its laws upon foreign territory without the consent of the host State; otherwise it will be liable for breach of International Law. 3: Judicial Jurisdiction It is the capacity of the courts of a State to try legal cases. A State has an exclusive authority to create courts and assign their jurisdiction, and to lay down the procedures to be followed. However, in doing so, it cannot by any means alter the way in which foreign courts operate.

Principles of Jurisdiction: There are a number of principles upon which the courts of a State can claim jurisdiction. In civil matters, the principles range from the mere presence of the defendant in the territory of a State to the nationality and domicile principles. In criminal matters, they range from territorial principle to universality principle.

The Territorial Principle: This principle is derived from the concept of State sovereignty. It means that a State has the primary jurisdiction over all events taking place in its territory regardless of the nationality of the person responsible. It is the dominant ground of jurisdiction in International Law. All other State must respect the supremacy of the State over its territory, and consequently must not interfere in its internal affairs or in its territorial jurisdiction.

P a g e | 32 Anfal Academy The territorial jurisdiction of State extends over its land, its national airspace, its internal water, its territorial sea, its national aircrafts, and its national vessels. It encompasses not only crimes committed on its territory but also crimes that have effects within its territory. In such a case a concurrent jurisdiction occurs, a subjective territorial jurisdiction may be exercised by the State in whose territory the crime was committed, and an objective territorial jurisdiction may be exercised by the State in whose territory the crime had its effect.

The Nationality Principle The nationality principle implies that a State jurisdiction extends to its nationals and actions they take beyond its territory. It is based upon the notion that the link between the State and its nationals is a personal one independent of location. Criminal jurisdiction based on the nationality principle is universally accepted. While civil law countries make extensive use of it, the Common Law countries use it with respect to major crimes such as murder and treason. The Common Law countries, however, do not challenge the extensive use of this principle by other countries.

The Nationality Principle The nationality principle implies that a State jurisdiction extends to its nationals and actions they take beyond its territory. It is based upon the notion that the link between the State and its nationals is a personal one independent of location. Criminal jurisdiction based on the nationality principle is universally accepted. While civil law countries make extensive use of it, the Common Law countries use it with respect to major crimes such as murder and treason. The Common Law countries, however, do not challenge the extensive use of this principle by other countries. a) A State may prosecute its nationals for crimes committed anywhere in the world; the ground of this jurisdiction is known as active nationality principle. b) Also, it may claim jurisdiction for crimes committed by aliens against their nationals abroad; the ground of this jurisdiction is known as passive national principle.

The Protective Principle The protective principle implies that a State may exercise jurisdiction over an alien who commits an act outside its territory, which is deemed prejudicial to its security and interests. It is universally accepted, although there are uncertainties as to its practical extent, particularly as regard to the acts which may come within its domain. It is justified on the basis of protection of State’s vital interests, particularly when the alien commits an offence prejudicial to the State, which is not punishable under the law of the country where he resides and extradition is refused. Although the protective principle is used as a secondary basis for jurisdiction and in a narrower sense than the territorial or the nationality principle, it can easily be abused, particularly in order to undermine the jurisdiction of other States.

P a g e | 33 Anfal Academy In practice however, this principle is applied in those cases where the acts of the person which take place abroad constitute crimes against the sovereignty of the State, such as plots to overthrow a government, treason, espionage, forging a currency, economic crimes and breaking immigration laws and regulations. This principle is often used in treaties providing for multiple jurisdictional grounds with regard to specific crimes, such as the 1979 Hostage Convention and the 1970 Hague Aircraft Hijacking Convention.

The Universality Principle The universality principle, in its broad sense, implies that a State can claim jurisdiction over certain crimes committed by any person anywhere in the world, without any required connection to territory, nationality or special State interest. Before the Second World War, such universal jurisdiction has been considered as contrary to International Law by the Common Law countries, except for acts regarded as crimes in all countries, and crimes against international community as a whole such as piracy and slave trade. After the Second World War, universal jurisdiction has been universally recognized over certain acts considered as international crimes. International crimes are those committed against the international community as a whole or in violation of International Law and punishable under it, such as war crimes, crimes against peace and crimes against Humanity. In recent years, crimes such as Hijacking of aircraft, violation of human rights and terrorism, have been added to the list of international crimes. Currently, under the universality principle, each State and every State has jurisdiction over any of the international crimes committed by anyone anywhere.

Immunity from Jurisdiction: The concept of jurisdiction is derived from the concept of sovereignty, and is connected with the principles of equality and non-interference in domestic affairs of other States. The grounds for jurisdiction are related to the duty of a State under International Law to respect the territorial integrity and political independence of other States. Immunity from jurisdiction is grounded on this duty, and constitutes derogation from the host State jurisdiction. Under International Law, immunity from jurisdiction is granted to certain persons, namely States (sovereigns) and their diplomatic and consular representatives, and international organizations.

Sovereign Immunity :

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In International Law, sovereign immunity refers to the legal rules and principles determining the conditions under which a State may claim exemption from the jurisdiction of another State. Sovereign immunity is a creation of customary International Law and derives from the principles of independence and equality of sovereign States; since States are independent and legally equal, no State may exercise jurisdiction over another State without its consent. It is a limitation imposed by International Law upon the sovereignty of a State. Although rules of sovereign immunity form part of customary International Law, today they are incorporated either in international treaties, such as the 1972 European Convention on State Immunity,or in national statutes of certain States, such as the 1976 U.S Foreign Sovereign Immunities Act and the 1978 U.K State Immunities Act. Historically, the head of a State (a sovereign) was associated with the State. Originally, both of them enjoyed under customary International Law absolute immunity, in all areas of their activities, from the jurisdiction of another State. While the head of a State continues today to enjoy such absolute immunity, even for his private activities, a State nowadays enjoys only qualified (restrictive) immunity. Under the qualified immunity, a State enjoys immunity only in respect of its governmental acts (acts jure imperii), not in respect of its commercial acts (acts jure gestionis).

Diplomatic Immunity The rules of diplomatic immunity are the most accepted and uncontroversial rules of International Law. They are essential for the maintenance and efficient conduct of relations between States. Prior to the 1961 Vienna Convention on Diplomatic Relations, diplomatic law, especially privileges and immunities were based upon custom as well as contained in bilateral treaties and national statutes. Nowadays, most of the modern law of diplomatic immunity is contained in the 1961 Vienna Convention on Diplomatic Relations which both codified existing customary law and established others. Under this convention, “a diplomatic agent” (the head of the mission and any member of the diplomatic staff of the mission) enjoys complete immunity from the criminal jurisdiction of the receiving State; also, he enjoys immunity from its civil and administrative jurisdiction, except in the

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case of real action relates to private immovable property situated within the receiving State, action related to succession matters in which he is involved as a private person, and action related to professional or commercial activity, in the receiving State, outside his official functions. No measures of execution may be forced upon him, except in the above mentioned cases. He cannot be obliged to give evidence as a witness. His person is inviolable. He cannot be arrested or detained. All appropriate steps should be taken by the receiving State to protect him and prevent any attack on his person, freedom and dignity. He is exempt from all dues and taxes, except in certain cases. The premises of the mission and the private residence of a diplomatic agent as well as their archives, documents, papers, official correspondence and other property are inviolable.

Consular Immunity A consular officer, like a diplomatic agent, represents his State in the receiving State. However, unlike a diplomatic agent, he is not concerned with political relations between the two States, but with a variety of administrative functions, such as issuing visas and passports, looking after the commercial interests of his State, and assisting the nationals of his State in distress. Thus, he is not granted the same degree of immunity from jurisdiction as a diplomatic agent. Notably nowadays, many States combine its diplomatic and consular services. Thus, a person who acts simultaneously as a diplomat and consul enjoys diplomatic immunity. Under the 1963 Vienna Convention on the Consular Relations, a consular officer (the head of the consular post and any person entrusted to exercise consular functions) is immune from an arrest or detention pending trial, except in the case of a grave crime and pursuant to a decision by the competent judicial authority.

Immunities of International Organizations It is uncertain which immunities and to what extent international organizations enjoy under customary International Law; the position of this law is far from clear. Actually, immunities are granted to international organizations by treaties, or by headquarters agreements concluded with the host State where the organization is seated. The purpose of immunity granted to international organizations is purely functional. Immunity is regarded as functionally necessary for the fulfillment

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of their objectives. It is not a reflection of sovereignty, as it is in case of a State, except only indirectly when aiming to protect the interests of the member States of the organization.

INTERNATION LAW OF SEAS: (JURISDICTION OF WATERS) UNCLOS III (Third United Nations Conference on the Law of the Sea) The issue of varying claims of territorial waters was raised in the UN in 1967 by Arvid Pardo of Malta, and in 1973 the Third United Nations Conference on the Law of the Sea was convened in New York. In an attempt to reduce the possibility of groups of nation-states dominating the negotiations, the conference used a consensus process rather than majority vote. With more than 160 nations participating, the conference lasted until 1982. The resulting convention came into force on 16 November 1994, one year after the 60th state, Guyana, ratified the treaty. The convention introduced a number of provisions. The most significant issues covered were setting limits, navigation, archipelagic status and transit regimes, exclusive economic zones (EEZs), continental shelf jurisdiction, deep seabed mining, the exploitation regime, protection of the marine environment, scientific research, and settlement of disputes. The convention set the limit of various areas, measured from a carefully defined baseline. (Normally, a sea baseline follows the low-water line, but when the coastline is deeply indented, has fringing islands or is highly unstable, straight baselines may be used.) The areas are as follows:

Legal Significance of the UNCLOS 1982 • It is the “Constitution of the seas”; a single comprehensive convention encompassing all matters relating to the seas. • Consensus on territorial sea limits • New legal regime of the EEZ • New legal regime of the International Sea Bed Area • Establishment of the International Tribunal for the Law of the Sea • Art. 311(1): UNCLOS prevails over four Geneva Conventions

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Internal waters: Covers all water and waterways on the landward side of the baseline. The coastal state is free to set laws, regulate use, and use any resource. Foreign vessels have no right of passage within internal waters. A vessel in the high seas assumes jurisdiction under the internal laws of its flag State. Pursuit of a ship by the Coastal State may only take place in the internal waters and is required to end when reaching the contiguous zone.

Territorial waters: TERRITORIAL SEA 10. 2. 1 Breadth of the Territorial Sea • Sovereignty in the TS (Art. 2) “The sovereignty of a coastal State extends, beyond its land territory and internal waters…, to an adjacent belt of sea, described as the territorial sea.” Breadth (Art. 3): 12 nautical miles from the baselines Out to 12 nautical miles (22 kilometres; 14 miles) from the baseline, the coastal state is free to set laws, regulate use, and use any resource. Vessels were given the right of innocent passage through any territorial waters, with strategic straits allowing the passage of military craft as transit passage, in that naval vessels are allowed to maintain postures that would be illegal in territorial waters. "Innocent passage" is defined by the convention as passing through waters in an expeditious and continuous manner, which is not "prejudicial to the peace, good order or the security" of the coastal state. Fishing, polluting, weapons practice, and spying are not "innocent", and submarines and other underwater vehicles are required to navigate on the surface and to show their flag. Nations can also temporarily suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the protection of their security. Archipelagic waters: The convention set the definition of Archipelagic States in Part IV, which also defines how the state can draw its territorial borders. A baseline is drawn between the outermost points of the outermost islands, subject to these points being sufficiently close to one another. All waters inside this baseline are designated Archipelagic Waters. The state has sovereignty over these waters (like internal waters), but subject to existing rights including traditional fishing rights of immediately adjacent states.Foreign vessels have right of innocent passage through archipelagic waters (like territorial waters).

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Contiguous zone: Beyond the 12-nautical-mile (22 km) limit, there is a further 12 nautical miles (22 km) from the territorial sea baseline limit, the contiguous zone, in which a state can continue to enforce laws in four specific areas: customs, taxation, immigration and pollution, if the infringement started within the state's territory or territorial waters, or if this infringement is about to occur within the state's territory or territorial waters.This makes the contiguous zone a hot pursuit area.

Exclusive economic zones (EEZs) These extend 200 nautical miles (370 kilometres; 230 miles) from the baseline. Within this area, the coastal nation has sole exploitation rights over all natural resources. In casual use, the term may include the territorial sea and even the continental shelf. The EEZs were introduced to halt the increasingly heated clashes over fishing rights, although oil was also becoming important. The success of an offshore oil platform in the Gulf of Mexico in 1947 was soon repeated elsewhere in the world, and by 1970 it was technically feasible to operate in waters 4,000 metres deep. Foreign nations have the freedom of navigation and overflight, subject to the regulation of the coastal states. Foreign states may also lay submarine pipes and cables.

Continental shelf: The 1958 Geneva convention on the continental shelf , It is defines as “ The sea bed and sub soil of Submarine areas adjacent to coast, but outside the area of territorial sea to the depth of 200 miles or beyond” The continental shelf is defined as the natural prolongation of the land territory to the continental margin's outer edge, or 200 nautical miles (370 km) from the coastal state's baseline, whichever is greater. A state's continental shelf may exceed 200 nautical miles (370 km) until the natural prolongation ends. However, it may never exceed 350 nautical miles (650 kilometres; 400 miles) from the baseline; or it may never exceed 100 nautical miles (190 kilometres; 120 miles) beyond the 2,500-meter isobath (the line connecting the depth of 2,500 meters). Coastal states have the right to harvest mineral and non-living material in the subsoil of its continental shelf, to the exclusion of others. Coastal states also have exclusive control over living resources "attached" to the continental shelf, but not to creatures living in the water column beyond the exclusive economic zone.

A comprehensive treaty was discussed between 1973 and 1982 (UNCLOS III), where 160 sovereign states bargained, argued and traded rights and obligations regarding the waters around their nations and states. This conference adopted the United Nations Convention on the Law of the Sea on

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the 10th December 1982. The law was signed by 117 nations and came into force in 1994.

The basic principles of the international law of the sea that have evolved over the centuries are:

• High seas: The concept of freedom of the high seas contends that no nation may restrict any areas or resources to its exclusive use or sovereignty. All parts of the sea that are not included in the territorial sea or in the internal waters of a state • Territorial sea:

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The concept of the territorial sea contends that coastal states have near-absolute sovereignty over a narrow band of waters adjacent to their coasts. • Special contiguous zones: The concept of special contiguous zones contends that special limited jurisdiction prevails, such as in the straits and channels, and where neither the rules of the high seas nor territorial seas pertain

JURISDICTION ON MARITIME BELT Meaning of Maritime belt : the part of the sea that is within the jurisdiction of the bordering states DEFINITION OF MARITIME BELT : Maritime belt is that part of the sea over which the coastal state can exercise their sovereignty. Although the coastal state exercises their sovereignty over such part of the land of the sea there should be a definite limit of the distance of the maritime belt. The coastal state can’t cross the limit.

ARTICLE 2,3 OF UN : According to Article 2(3) of the U.N. Convention on the law of the Sea, 1982, the sovereignty over the territorial waters is exercised subject to the convention and other rules of international law. HISTORY AND BACKGROUND OF MARITIME BELT The distance of the maritime belt from the coastal area was 3 miles till 18th century. It was decided by the cannon rule. Cannon rule was that the width of the maritime belt extends to that distance where cannon can fire. The range of cannon shot was increased for the result of the scientific invention. In 1958 a conference is called in Geneva, conference on the law of the sea, to newly determine extends of maritime belt. But they failed. Another convention is called in 1960, called as U.N. conference on the law of the sea. They presented a formula that the width of the maritime belt should be 6 miles beyond this 6 miles the coastal states should be given rights for fishing etc. for another 6 miles. After much argument the width is fixed as 12 miles. And it has already become a part of international customary law.

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Zone

Distance from baseline

Significance of zone

Internal waters

Landward of baseline

Coastal states have the right to set laws and use resources. Foreign vessels have no right of passage.

Territorial waters

Up to 12 NM

This area includes the airspace above water and the land below the sea. Foreign flag ships have the right of innocent passage*. However, submarines must travel on the surface.

Contiguous zone

Up to 24 NM

In this area coastal states have the rights to waters and airspace for the purposes of enforcing immigration, customs laws, taxation and immigration.

Exclusive economic zones (EEZs)

Up to 200 NM

Coastal states have the exploitation rights to all natural resources. Foreign nations have rights to waters and airspace, subject to agreements, and can lay submarine pipes and cables.

Continental shelf

Up to 350 NM

Coastal states have the right to harvest mineral and non-living material in the subsoil of its continental shelf, to the exclusion of others.

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A

Territorial waters

Up to 12 nm

B

Contiguous zone

Up to 24 nm

C

Exclusive economic zones (EEZs)

Up to 200 nm

D

Continental shelf

Up to 350 nm

FREEDOM OF HIGH SEAS Definition: Article. 86 “All parts of the sea that are not included in the EEZ, in the territorial sea or in the internal waters of a State, or in the archipelagic waters of an archipelagic State.

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Freedom of the high seas [Article 87] 1. The high seas are open to all States…. Freedom of the high seas…comprises: (a) freedom of navigation; (b) freedom of overflight; (c) freedom to lay submarine cables and pipelines; (d) freedom to construct artificial islands…; (e) freedom of fishing; and (f) freedom of scientific research.

Maintenance of order on the High seas Nationality of ships Article. 90: Every State has the right to sail ships flying its flag on the high seas. Article. 91: Ships have the nationality of the State whose flag they are entitled to fly. There must exist a genuine link between the State and the ship. Nottebohm case; Two important exceptions to freedom of the high seas:  The general rule: Ships navigating on the high seas are under the exclusive jurisdiction of the flag State and no other State can exercise jurisdiction.  But there are certain exceptions: (1) Piracy jure gentium; and (2) The right of hot pursuit.

The right of Hot Pursuit: HOT PURSUITE :

the principle of 'hot pursuit' The doctrine generally pertains to the law of the seas and the ability of one state's navy to pursue a foreign ship that has violated laws and regulations in its territorial waters (twelve nautical miles from shore), even if the ship flees to the high seas. "It means you are literally and temporally in pursuit and following the tail of a fugitive," says Michael P. Scharf of the Case Western School of Law. "[A state] is allowed to temporarily violate borders to make an apprehension under those circumstances." The principle is enshrined in Article 111 of the 1982 UN Convention on the Law of the Sea and in Article 23 of the 1958 Convention on the High Seas. The United States has signed but not ratified the former treaty, but signed and ratified the latter. The Geneva Convention on the High Seas was eventually folded into the United Nations Convention on the Law of the Sea. Article 111 of the latter treaty grants a coastal state the right to pursue and arrest ships escaping to international waters, as long as:

P a g e | 44 Anfal Academy 1. The pursuers are competent authorities of the state; 2. They have good reason to believe that the pursued ship has violated the state's laws or regulations; 3. The pursuit begins while the pursuing ship is in the State's internal waters or territorial waters; and 4. The pursuit is continuous. If the foreign ship is within a contiguous zone, the Exclusive Economic Zone (EEZ), the Continental Shelf, the Safety Zones in the EEZ or the Continental Shelf, then the pursuit may only be undertaken if there has been a violation of the rules and regulations (customs, fiscal, immigration or sanitary laws and regulations of the coastal state) as applicable in the respective regimes (areas, zones).

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Acquisition and loss of sovereignty over territory State sovereignty: State sovereignty is the concept that states are in complete and exclusive control of all the people and property within their territory. According to Prof: Oppenheim: “State territory is that definite portion of the surface of the globe which is subjected to the sovereignty of state” Modes of Acquisition of state territory. Acquisition of a territory by a state means the acquisition of sovereignty over such territory. An existing state may acquire the territory which may already be under the sovereignty of another state or which may not belong to any state i.e., res nullius. While the former is called derivate mode of acquisition wherein acquisition enlarges the territory of one state and loss of another. The latter is called original mode of acquisition wherein territory of one state is enlarged without any loss to the other state. “Res communist” is an area which legally cannot be acquired. For example, high seas, outer space and Antarctica. Such areas are un own able.

By Conquest/Annexation: Annexation: When a state conquers another state the former establishes its sovereignty over the latter. Annexation has two elements; occupation and intention. Intention of annexation should also be declared by the conquered state, followed by noti×cation to annex and subsequent recognition by several other powers. In the absence of indication of intention to annex, the territory acquired is termed as military occupation. It is a method of powerful states to expand their territories by occupying and enslaving weaker states. However, after the establishment of UN, acquisition of territory through conquest has become illegal. Article 2, para 4 of charter of UN. The “member state shall not use the force against the territorial integrity or political independence of any state……” Also UN Declaration on the Principles of Friendly Relation 1979 provides that territory of a state shall not be the object of acquisition by another state resulting from the threat or use of force. The Acquisition of territory resulting from threat or use of force in contravention of international law will not be recognized as legal acquisition. Direct annexation, the acquisition of territory by way of force, was historically recognized as a lawful method for acquiring sovereignty over newly acquired territory before the mid-1700s. By the end of the Napoleonic period however,

P a g e | 46 Anfal Academy invasion and annexation ceased to be recognized by international law and were no longer accepted as a means of territorial acquisition. The Convention respecting the Laws and Customs of War on Land (Hague IV, 1907) contained explicit provisions concerning the protection of civilians and their property in occupied territories. The United Nations Charter also has related provisions.

By effective occupation: Definition: Effective occupation is the control of free newly discovered territory exercised by a power with no sovereign title to the land, whether in defiance or absence of a proper sovereign. Examples: Several cases in international law has dealt with what "effective occupation" entails. In the words of the Eritrea/Yemen Arbitration Award: The modern international law of the acquisition (or attribution) of territory generally requires that there be: an intentional display of power and authority over the territory, by the exercise of jurisdiction and state functions, on a continuous and peaceful basis. Also in the case of Mexico and France over Clipperton Island: It is beyond doubt that by immemorial usage having the force of law, besides the animus occupandi, the actual, and not the nominal, taking of possession is a necessary condition of occupation. This taking of possession consists in the act, or series of acts, by which the occupying state reduces to its possession the territory in question and takes steps to exercise exclusive authority there. In the case of Netherlands and the United States in the Island of Palmas case, the arbitrator ruled:

Accretion: Accretion refers to the physical expansion of an existing territory through geographical processes, such as alluvium (the deposit of sediment) or volcanism. It can be natural in the form of alluvions, deltas, new-born islands and abandoned river beds as well as artificial like claiming land from the sea, forming artificial islands etc.

Cession: A state may acquire sovereignty over territory if that sovereignty is ceded (transferred) to it by another state. Cession is typically effected by treaty. Examples of cession include the cession of Hong Kong Island and Kowloon, purchases such as the Louisiana Purchase and the Alaska Purchase, and cessions

P a g e | 47 Anfal Academy involving multiple parties such as the Treaty on the Final Settlement with Respect to Germany.

Plebiscite; A state may also acquire territory if the inhabitants of a given territory wish to merge it with another state. Plebiscite is conducted in a disputed area.

Award: Territory may also be acquired by a state through adjudication by a judicial organ such as ICJ, ad hoc arbitral tribunals or conciliation commissions. A territory of one state if passed to another by a recognized judicial or settlement commission, it is regarded as to have passed through award. The transfer of territory in settlement of boundary disputes does not amount to acquisition of territory. For example, the transfer of 350 miles of Rann of Kuch to Pakistan in accordance with the Award of the tribunal, known as kuch Award, did not constitute the acquisition of territory by Pakistan.

Lease: A state may give territory to another state under lease for a certain period . Example: china leased hong kong to UK for 99 years Similarly Malta has also been leased to UK.

Modes of Loss of Territory:Acquisition of a state territory by one state, except in case of occupation, is a loss of state territory for another state. So, a state may lose territory by cession, accretion, subjugation, prescription, award and plebiscite. In addition to these, a state may also lose territory by.

Secession: Through secession a state loses a part of its territory, either by revolt or peacefully. Seceding parts become new states, independent of other states. Example: Peaceful Secession: Secession of Estonia, Latnia and Lithuania in 1991 from U.S.S.R. Secession by Revolt: Secession of East Pakistan in from Pakistan into Bangladesh (1991)

Grant of Independence by the Metropolitan State. Grant of independence by the metropolitan state to its colonies.Colonies acquire new and separate international personality after severance.

Dereliction: Also called abandonment or relinquishment. It frees a country from the sovereignty

P a g e | 48 Anfal Academy of the present owner state. It requires first actual abandonment of a territory and secondly, the intention of giving up sovereignty over it. The derelict territory may be occupied by another state or become an independent state. Example: Island of Santa Lucia

MEANS OF SETTLEMENT OF AN INTERNATIONAL DISPUTE For the settlement of an international dispute there are following amicable means: 1. Negotiation: - The settlement of the international disputes by the disputant states themselves by negotiation is said to be settlement of the disputes by negotiation. In other words, when there a dispute arises between two or more states then to avoid the chances of war or violence they tend to conduct negotiation for the matters to be settled. The negotiation is to be taken by the political representatives of the disputant countries, without involving any third or nonconcerned country. Example: Indo-Pak agreement on minorities, 1950 or Indo-Pak water treaty

2. Good-offices: - When parties refuse to negotiate usually The act or arrangements taken by a third party to bring disputant parties for negotiation or to settle dispute between them by any peaceful means is said to be Good-offices. In case of Good-offices the third merely renders services to bring the disputant parties to peace full means of settlement of disputes. Here the third party does not give any suggestions or take part in the meetings as to be held between the disputant parties. Shortly speaking, in case of good offices whenever the parties to dispute come to peace full of settlement of dispute the duty of the third party finishes. Example : 1:Role played by Russian PM Kosiginate Tashkand between Pak india in 1966. 2: Settlement of Shaat-al-arab River boundary dispute between Iraq and Iran by Good office of Algerian President in 1975. 3. Mediation: - The act of participating and in the discussions and giving suggestions to settle a dispute between two parties by a third party is said to Mediation. In other words, mediation is the method to settle a dispute where any third party actively takes part in the sessions of dialogues or negotiations held between disputant party as to resolve the dispute. In case of mediation the mediator should consider the matter of compromise between the parties rather to encourage the strict letter of law.

P a g e | 49 Anfal Academy Example: Role of US president Rosevelt , as mediator in Russian Japanese War. 4. Inquiry: - The process to ascertain the facts of disputes by a commission of imperial investigators is said to inquiry. This mean is intended to find out the questions of law and mixed questions of law and fact involved in a dispute. The only function of the commission is to bring in light those facts, which are the root cause for the alleged dispute, and to investigate the question of law and mixed questions of law and fact. 5. Conciliation: - The process of referring a dispute to a commission; for the purpose of finding out facts and to prepare a report containing proposals for the settlement of that dispute, is called conciliation. In case of conciliation the commission is to take two tasks, at first, it shall ascertain the facts of the dispute and secondly, it shall prepare a report which shall reveal that the possible measures to settle the dispute. But the proposals prepared by the commission have no binding force upon the parties. The parties can disagree with the proposals. Example: UN Conciliation commissions in dealing with intricate problems such as Palestine Issue. 6. Arbitration: - The process of referring the dispute; by the mutual consent of the parties to a body of persons or to a tribunal for a legal decision is called as arbitration. The essential ingredient of arbitration is the consent of disputant parties to the dispute. In other words, the referring of the dispute to a Court of Arbitration is dependent on the sweet-well of the parties. International law recognizes a court for arbitration known as Permanent Court of Arbitration. But in fact it is neither permanent nor a court. 7. Judicial Settlement: - The process of settling a dispute; by the International Tribunal in the light of the provisions of International Law, is said to be Judicial Settlement. For Judicial Settlement there is a judicial organ in international law, known as International Court of Justice. Both the award given by the arbitration tribunal and decision given by the International Court of Justice are comes in the ambit of Judicial Settlement. Like in arbitration, in case of referring the dispute to the International Court of Justice the consent of both the parties are necessary to be given. International Court of Justice shall take its proceeding in the light of the rules of International law, and its procedure is governed by the a statute known as the Statute of International Court of Justice. International Court of Justice plays a very important rule in the settlement of international disputes. Example: Runn of Kutch Arbitration , Argentina chile frontier Arbitration. 8. Security Council: - A dispute may be settled by a principal organ of the United

P a g e | 50 Anfal Academy Nations, known as Security Council. The Council is consisted of fifteen members. Five members are permanent while the remaining ten members are non-permanent members. Wide powers have been entrusted to the Council for the settlement of the disputes, which tend to endanger world peace and security. There is a number of measures to be taken by the Council for the settlement of the disputes. 9. General Assembly: - General Assembly is another principal organ of the United Nations. The Assembly has no specific means to settle the dispute, rather it has general powers to settle the international dispute. It has the power to discuss and to suggest better means for the peaceful settlement of the disputes. Conclusion: - Briefly speaking, International Law intends to overcome the chances of war and violence, and believe to solve the disputes on the merits of political, diplomatic and judicial bases. To avoid the chances of breaking out of wars it provides certain measures and means. Among which above are the amicable means to settle the disputes. But international law also recognizes certain coercive or compulsive means to settle the disputes in extra-ordinary cases where the International peace and security has been endangered.

SECURITY COUNCIL 1. The United Nations-Security Council 2. Security Council •The Security Council has primary responsibility, under the Charter, for the maintenance of international peace and security. 3. Members of Security Council •The Council has 15 members: five permanent — China, France, the Russian Federation, the United Kingdom and the United States — and 10 members elected by the General Assembly for two-year terms. 4. Each member has one vote. Decisions on procedural matters are made by an affirmative vote of at least 9 of the 15 members. Decisions on substantive matters require nine votes and the absence of a negative vote by any of the five permanent members. 6. All five permanent members have exercised the right of veto at one time or another. If a permanent member does not fully agree with a proposed resolution but does not wish to cast its veto, it may choose to abstain — thus

P a g e | 51 Anfal Academy allowing the resolution to be adopted if it obtains the required number of nine votes in favour. 7. Under Article 25 of the Charter, all members of the United Nations agree to accept and carry out the decisions of the Security Council. While other organs of the United Nations make recommendations to member states, the Council alone has the power to take decisions which member states are obligated under the Charter to implement. 8. Functions and Powers Under the Charter, the functions and powers of the Security Council include the following: •to maintain international peace and security in accordance with the principles and purposes of the United Nations; to formulate plans for establishing a system to regulate armaments; •to call upon the parties to a dispute to settle it by peaceful means; 9. Functions and Powers •to investigate any dispute or situation which might lead to international friction, and •To recommend methods of adjusting such disputes or the terms of settlement; •to determine the existence of a threat to the peace or act of aggression and to recommend what action should be taken; 10. Functions and Powers •to call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable to prevent an aggravation of the situation; •to call on members of the United Nations to take measures not involving the use of armed force — such as sanctions — to give effect to the Council’s decisions; 10. Functions and Powers •to resort to or authorize the use of force to maintain or restore international peace and security; •to encourage the peaceful settlement of local disputes through regional arrangements and to use such regional arrangements for enforcement action under its authority; 11. Functions and Powers •to recommend to the General Assembly the appointment of the Secretary-General and, together with the Assembly, to elect the Judges of the International Court of Justice; •to request the International Court of Justice to give an advisory opinion on any legal question; 12. Functions and Powers •to recommend to the General Assembly the admission of new members to the United Nations. 13. The Security Council is so organized as to be able to function continuously, and a representative of each of its members must be present at all times at United Nations Headquarters. The Council may meet elsewhere: in 1972 it held a session in Addis Ababa, Ethiopia; in 1973 it met in Panama City, Panama; and in 1990 it met in Geneva, Switzerland.

P a g e | 52 Anfal Academy 14. When a complaint concerning a threat to peace is brought before it, the Council’s first action is usually to recommend that the parties try to reach agreement by peaceful means. The Council may set forth principles for a peaceful settlement. In some cases, the Council itself undertakes investigation and mediation. It may dispatch a mission, appoint special envoys or request the Secretary- General to use his good offices. 15. When a dispute leads to hostilities, the Council’s first concern is to bring them to an end as soon as possible. The Council may issue ceasefire directives that can be instrumental in preventing an escalation of the conflict. 16. The Council may also dispatch military observers or a peacekeeping force to help reduce tensions, keep opposing forces apart, and create conditions of calm in which peaceful settlements may be sought. Under Chapter VII of the Charter, the Council may decide on enforcement measures, including economic sanctions, arms embargoes, financial sanctions, travel bans or collective military action. 17. The sanctions instrument is an important tool available to the Security Council in seeking to promote international peace and security. Each of the sanctions regimes currently in existence features “smart” or targeted sanctions — arms embargoes, financial sanctions and travel bans — designed to eliminate or minimize unintended effects by focusing on those responsible for the policies condemned by the international community, while leaving other parts of the population and international trade 18. The Council has established two international criminal tribunals to prosecute crimes against humanity in the former Yugoslavia and in Rwanda. The tribunals are subsidiary organs of the Council. Following the terrorist attacks on the United States on 11 September 2001, the Council established its CounterTerrorism Committee, also a subsidiary organ. 19. Since 1994, a working group of the General Assembly has been considering Security Council reform, including the issue of equitable representation and expansion of membership.

Security Council The UN Security Council, at times, deals with grave human rights violations, often in conflict areas. The UN Charter gives the Security Council the authority to investigate and mediate, dispatch a mission, appoint special envoys, or request the Secretary-General to use his good offices. The Security Council may issue a ceasefire directive, dispatch military observers or a peacekeeping force. If this does not work, the Security Council can opt for enforcement measures, such as

P a g e | 53 Anfal Academy economic sanctions, arms embargos, financial penalties and restrictions, travel bans, the severance of diplomatic relations, a blockade, or even collective military action.

UN CHARTER:  CHAPTER V: THE SECURITY COUNCIL COMPOSITION Article 23 1. The Security Council shall consist of fifteen Members of the United Nations. The Republic of China, France, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America shall be permanent members of the Security Council. The General Assembly shall elect ten other Members of the United Nations to be nonpermanent members of the Security Council, due regard being specially paid, in the first instance to the contribution of Members of the United Nations to the maintenance of international peace and security and to the other purposes of the Organization, and also to equitable geographical distribution. 2. The non-permanent members of the Security Council shall be elected for a term of two years. In the first election of the non-permanent members after the increase of the membership of the Security Council from eleven to fifteen, two of the four additional members shall be chosen for a term of one year. A retiring member shall not be eligible for immediate re-election. 3. Each member of the Security Council shall have one representative.

FUNCTIONS and POWERS Article 24 1. In order to ensure prompt and effective action by the United Nations, its Members confer on the Security Council primary responsibility for the maintenance of international peace and security, and agree that in carrying out its duties under this responsibility the Security Council acts on their behalf. 2. In discharging these duties, the Security Council shall act in accordance with the Purposes and Principles of the United Nations. The specific powers granted to the Security Council for the discharge of these duties are laid down in Chapters VI, VII, VIII, and XII.

P a g e | 54 Anfal Academy 3. The Security Council shall submit annual and, when necessary, special reports to the General Assembly for its consideration.

UN CHARTER: CHAPTER VI: PACIFIC SETTLEMENT OF DISPUTES Chapter VI of the United Nations Charter deals with peaceful settlement of disputes. It requires countries with disputes that could lead to war to first of all try to seek solutions through peaceful methods such as "negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice." If these methods of alternative dispute resolution fail, then they must refer it to the UN Security Council. Under Article 35, any country is allowed to bring a dispute to the attention of the UN Security Council or the General Assembly. Article 33 of Chapter VI 1. The parties to any dispute, the continuance of which is likely to endanger the maintenance of international peace and security, shall, first of all, seek a solution by negotiation, enquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements, or other peaceful means of their own choice. 2. The Security Council shall, when it deems necessary, call upon the parties to settle their dispute by such means. Article 34 of Chapter VI The Security Council may investigate any dispute, or any situation which might lead to international friction or give rise to a dispute, in order to determine whether the continuance of the dispute or situation is likely to endanger the maintenance of international peace and security.

Article 35 of Chapter VI 1. Any Member of the United Nations may bring any dispute, or any situation of the nature referred to in Article 34, to the attention of the Security Council or of the General Assembly. 2. A state which is not a Member of the United Nations may bring to the attention of the Security Council or of the General Assembly any dispute to which it is a party if it accepts in advance, for the purposes of the dispute, the obligations of pacific settlement provided in the present Charter.

UN CHARTER CHAPTER VII: ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE PEACE, AND ACTS OF AGGRESSION

P a g e | 55 Anfal Academy Chapter VII of the United Nations Charter sets out the UN Security Council's powers to maintain peace. It allows the Council to "determine the existence of any threat to the peace, breach of the peace, or act of aggression" and to take military and nonmilitary action to "restore international peace and security". Chapter VII also gives the Military Staff Committee responsibility for strategic coordination of forces placed at the disposal of the UN Security Council. It is made up of the chiefs of staff of the five permanent members of the Council. The UN Charter's prohibition of member states of the UN attacking other UN member states is central to the purpose for which the UN was founded in the wake of the destruction of World War II: to prevent war. This overriding concern is also reflected in the Nuremberg Trials' concept of a crime against peace "starting or waging a war against the territorial integrity, political independence or sovereignty of a state, or in violation of international treaties or agreements" (crime against peace), which was held to be the crime that makes all war crimes possible. Article 39 of CHAPTER VII The Security Council shall determine the existence of any threat to the peace, breach of the peace, or act of aggression and shall make recommendations, or decide what measures shall be taken in accordance with Articles 41 and 42, to maintain or restore international peace and security. Article 40 of CHAPTER VII In order to prevent an aggravation of the situation, the Security Council may, before making the recommendations or deciding upon the measures provided for in Article 39, call upon the parties concerned to comply with such provisional measures as it deems necessary or desirable. Such provisional measures shall be without prejudice to the rights, claims, or position of the parties concerned. The Security Council shall duly take account of failure to comply with such provisional measures. Article 41 of CHAPTER VII The Security Council may decide what measures not involving the use of armed force are to be employed to give effect to its decisions, and it may call upon the Members of the United Nations to apply such measures. These may include complete or partial interruption of economic relations and of rail, sea, air, postal, telegraphic, radio, and other means of communication, and the severance of diplomatic relations. Article 42 of CHAPTER VII Should the Security Council consider that measures provided for in Article 41 would be inadequate or have proved to be inadequate, it may take such action by air, sea, or land forces as may be necessary to maintain or restore international peace and security. Such action may include demonstrations, blockade, and other operations by air, sea, or land forces of Members of the United Nations.

Challenges Faced by UN Security Council

P a g e | 56 Anfal Academy 1. The membership of the UN has seen a quantum increase from 60 to 192 countries since its existence. Barring three countries, all other countries of the world are the members of UN Security Council. Keeping the present status and the distribution of the permanent seats in mind the expansion of the UN Security Council’s permanent membership to achieve equitable geographical distribution is now a primary concern and a top priority. 2. The five permanent members hardly represent the power realities of the 21st Century.  Japan and Germany contribute more to the United Nations than almost any other countries in the world, yet they are not represented on the Security Council.  India is a rising power with booming economy but still without permanent Security Council seat.

 The entire continents of Africa, South America and Australia have no representation on the council. More and more countries are questioning the legitimacy and credibility of the Security Council.  They wonder why old colonial powers like Great Britain and France have voice but their former colonies do not. Why does China have a veto when it principle rivals, Japan and India, do not?  There are 57 Muslim counties but not a single state is permanent member of UNSC. 3. A Number of countries like Sweden strongly believe that the Security Council should be enlarged with new members so that it becomes more representative, reflecting today’s realities and thus be effective. One way to safeguard the Security Council’s efficiency would be to limit the use of veto power with the permanent members. That power could be limited in scope. It could, for example, be followed by a requirement in which a member state had to explain the reasons behind its use of the veto power. Many other ideas for reducing the effect of the present veto right have been put forward. And as per another school of thought, the veto power should not be extended to any new permanent or semi-permanent member of the Council. 4. Africa is rising and the African countries have already started asserting their legitimate share and say in the United Nations’ decision-making process. It is

P a g e | 57 Anfal Academy an injustice to Africa to deprive it a permanent seat in the Security Council. Moreover, more than 50 per cent of the issues that the Security Council deals with pertain to the African continent.

"THE ROLE OF UNITED NATIONS ORGANIZATION (UNO)" ESTABLISHMENT OF LEAGUE OF NATIONS The 20th Century witnessed two world wars, which were highly destructive of life as well as material. These two wars shook the conscience of the people of the world and highlighted the need for peace and cooperation among the nations. The first attempt towards achieving this aim of world peace was in the form of the League of Nations after the first world war. This was, of course, a failure, as it could not avert the Second World War. The League’s Headquarters from 1929 until its dissolution Members of League during The League of Nations’ assembly buildings in Geneva In 1945, 50 countries met in San Francisco Organization to draw up the United Nations Charter. United Nations officially came into existence on 24 October 1945, when the Charter had been ratified by China, France, the Soviet Union, the United Kingdom, the United States and a majority of other signatories. The Charter was signed on 26 June 1945 by the representatives of the 50 countries. Poland, which was not represented at the Conference, signed it later and became one of the original 51 Member States. The United Nations officially came into existence on 24 October 1945, when the Charter had been ratified by China, France, the Soviet Union, the United Kingdom, the United States and by a majority of other signatories. United Nations Day is celebrated on 24 October each year. ESTABLISHMENT OF UNITED NATIONS The search for peace culminated in the formation of the UNITED NATIONS after World War II. From April 25 to June 26,1945, delegates from 50 nations met at San Francisco to draft a charter for the United Nations. Later, many other countries joined United Nations. The United Nations officially came into existence on October 24, 1945, when its charter had been ratified by China, France, the USSR, the UK and US, and by a majority of other signatories. This day every year is celebrated as the UN day the world over. THE PURPOSES OF UNITED NATIONS The purposes of the United Nations are:1. To maintain International peace and security.

P a g e | 58 Anfal Academy 2. To develop friendly relations among Nations. 3. To cooperate in solving International economic, social, cultural and humanitarian problems and in promoting respect for human rights and fundamental freedoms. 4. To protect Earth and Environment. PRINCIPLES OF THE UNITED NATIONS The main principles of the United Nations:1. It is based on the sovereign equality of all its members. 2. All members are to fulfill in faith their charter obligations. 3. They are to settle their international disputes by peace. 4. They are to refrain from the threat or use of force against other state. 5. They are to give the United Nations every assistance in every action it takes in accordance with the charter. 6. Nothing in the charter is to authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state. UN OFFICIAL LANGUAGES:- There are six official working languages recognised by the United Nations. They are Chinese, English, French, Russian, Spanish and Arabic. UN FINANCES:- Contributions of member states constitute the main source of funds for the regular budget. A state’s share is primarily determined by its total national income in relation to that of the member states. MEMBERSHIP:- Membership of the United Nations is open to all peace loving nations which accept the obligations of its charter and in the judgement of the organization, are able and willing to carry out these obligations. Members may be suspended or expelled by the General Assembly on the recommendation of the Security Council. MAIN ORGANS OF THE UNITED NATIONS ORGANS OF UNITED NATIONS:-The UN has six main organs: 1. The General Assembly 2. The Security Council 3. The Secretariat 4. The Trusteeship Council 5. The Economic and Social Council 6. International Court of Justice. UNITED NATIONS GENERAL ASSEMBLY HALL THE GENERAL ASSEMBLY The General Assembly (Headquarters- New York):-The General Assembly is the main deliberative organ. The General Assembly is like a World Parliament. It ordinarily meets once a year unless there is some emergency for a special session. Decisions are taken by a two-third majority. Composed of all

P a g e | 59 Anfal Academy United Nations member states, the Assembly meets in regular yearly sessions under a President elected from among the member states. The first session was convened on 10 January, 1946 in the Westminster Central Hall in London and included representatives from 51Nations.UNITED NATIONS GENERAL ASSEMBLY HALL SECRETARIAT S (Headquarters- New York):The United Nations Secretariat is headed by the Secretary- General, assisted by a staff of International Civil servants worldwide. It provides studies, information, and facilities needed by United Nations bodies for their meeting. It also carries out tasks as directed by the UN Security Council, The UN General Assembly, The UN Economic and Social Council and other UN bodies. The United Nations Charter provides that the staff be chosen by application of the “highest standards of efficiency, competence, and integrity, ”with due regard for the importance of recruiting on a wide geographical basis. The Charter provides that the staff shall not seek or receive instructions from any authority other than the UN. Each UN member country is enjoined to respect the international character of the Secretariat and not seek to influence its staff. SPECIAL BODIES OF UNITED NATIONS 1. UNITED NATIONS CHLDREN FUND (UNICEF) 2. UN CONFERENCE ON TRADE AND DEVELOPMENT (UNCTAD) 3. UN DEVELOPMENT PROGRAMME (UNDP) 4. UN INSTITUTE FOR TRAINING AND RESEARCH (UNITAR) 5. UN ENVIRONMENT PROGRAMME (UNEP) 6. UN UNIVERSITY (UNU) 7. WORLD FOOD COUNCIL (WFC) 8. UNITED NATIONS VOLUNTEERS (UNV) 9. UNITED NATIONS POPULATION FUND (UNFPA) 10. UNITED NATIONS OFFICE ON DRUGS AND CRIME (UNODC) 11. UN HUMAN SETTLEMENT PROGRAMME (UN- HABITAT) 12. UNITED NATIONS INSTITUTE FOR DISARMAMENT RESEARCH 13. UNITED NATIONS RESEARCH INSTITUTE FOR SOCIAL DEVELOPMENT (UNRISD) 14. UNITED NATIONS INTER- REGIONAL CRIME AND JUSTICE RESEARCH INSTITUTE (UNICRI)

HUMANITARIAN ACTIVITIES OF THE UNITED NATIONS 1. Treaty on cyber Crime:- On November 23, 2001 representatives of 30 countries met in Budapest and signed the first ever international treaty on criminal offences committed in the internet.

P a g e | 60 Anfal Academy 2. UN Resolution Effort to nab terrorism:- Following the Global demand to act against terrorists and states that support or harbor them, the UN unanimously passed the resolution. 3. Millennium Summit:- At the summit, held at UN Headquarters from 6 to 8 September, 2000, World leaders established clear direction for the organization in the new century. The millennium declaration targets for poverty, disease and environment issues. 4. Protecting Children in war:- The General Assembly in 2000 adopted a draft to the convention on the right of the child, under which state parties agree to raise the age limit for both compulsory recruitment and participation in combat from 15 to UN Secretary General Ban-Ki Moon urges greater efforts to feed world’s hungry amid ongoing recession. 5. UN refugee agency calls on Kenya to stop forced return of Somali asylum seekers. 6. UN rural Development arm to help poor farmers in Tajikistan. Almost 70 YEARS OF UN PEACEKEEPING Today, peace and security are not longer viewed only in terms of absence of military conflicts but the common interests of human- kind. Over the years the General Assembly has helped to promote peaceful relations among nations by adopting several resolutions and declarations on peace, the peaceful settlement of disputes and international cooperation in strengthening peace. UN played effective peace making role in Afghanistan, Somalia, crisis in former Yugoslav Republics, Kosovo, Middle East (Arabs, Israel conflict), Angola, Congo, Rwanda, and in Gulf crisis. 29 May 2015 marks not only the international day of peacekeepers, but also the sixty fifth anniversary of UN Peacekeeping Operation.

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INTERNATIONAL COURT OF JUSTICE The International Court of Justice, abbreviated as ICJ,is the principal judicial organ of the United Nations (UN). It settles legal disputes between member states and gives advisory opinions to authorized UN organs and specialized agencies. It comprises a panel of 15 judges elected by the General Assembly and Security Council for nine-year terms. It is seated in the Peace Palace in The Hague, Netherlands. International Court of Justice (ICJ) is the successor of the Permanent Court of International Justice. The statute of Permanent Court of Justice has been adopted for the International Court of Justice (hereinafter referred as ‘Court’). The establishment of the Court became necessary because to attain the end of International law there must be a judicial organ. So, the Court is the ‘Principle Judicial Organ’ of the International Organization. Composition: The composition of the Court may be explained as under: 1. Strength: - The Court is consisted of fifteen judges. And not more that one judge shall be elected from one state, for the Court at a given time. 2. Qualifications: - The candidate for the office of judge in the Court shall possess the following qualifications: a). He should be independent. b). He should be a person of high moral character. c). He must be qualified for the appointment of the highest judicial offices in his country 3. Nature of the office: - The nature of the office of judge for the Court is elective. In other words the judges for the Court shall be elected in General Assembly and Security Council. 4. Election: - General Assembly and Security Council shall conduct the election of the judges of the Court independently, but simultaneously. These two organs shall elect the judges from the list of nominees prepared by the national groups in the Permanent Court of Arbitration. 5. Term of office: - The term of the office for the judge of the Court is nine years, however, five of them shall be retired after each three years and so, for such vacancies election shall also be conducted after each five years as to maintain the strength to fifteen. 6. Obligations of Judges: - Any person who has so been elected as a judge of the Court is bound to; a). refrain from all political and administrative functions, b). refrain from being council, agent or advocate in any case, and c). not participate in any case in which he has previously has taken part as agent,

P a g e | 62 Anfal Academy counsel or advocate for one of the parties. 7. Quorum of the Court: - The quorum of the Court is fixed at nine judges

Jurisdiction of ICJ: Broadly speaking there are two kinds of jurisdiction of the Court as follows; I. Contentious Jurisdiction, and II. Advisory Jurisdiction. I. Contentious Jurisdiction: - That jurisdiction of the Court on the basis of which the Court decides any case with the consent of the parties to the case, is called Contentious Jurisdiction.’ It is fundamental principle of international law that without the consent of any party to a case, the same shall not be referred to mediation or arbitration. The same rule is, with some restriction, is applicable to the jurisdiction of the Court. In other words, the Court is not entitled to initiate any proceeding merely because one party files a case, rather the consent of both the parties are necessary that dependent is also required to give consent to the case. II. Advisory Jurisdiction: - Advisory Jurisdiction means that the jurisdiction of the Court by which it may only give an advisory opinion on a question of law. This does not require the consent of the parties to a case but when any International Institute (General Assembly or Security Council) ask the Court to give an advisory opinion on the question. This opinion is not binding on the parties. So, the case may be referred by an international organization or by any organs within the scope of their activities.

UN CHARTER: CHAPTER XIV: THE INTERNATIONAL COURT OF JUSTICE Article 92 The International Court of Justice shall be the principal judicial organ of the United Nations. It shall function in accordance with the annexed Statute, which is based upon the Statute of the Permanent Court of International Justice and forms an integral part of the present Charter. Article 93 1. All Members of the United Nations are ipso facto (By fact) parties to the Statute of the International Court of Justice. 2. A state which is not a Member of the United Nations may become a party to the Statute of the International Court of Justice on conditions to be determined in each case by the General Assembly upon the recommendation of the Security Council. Article 94

P a g e | 63 Anfal Academy 1. Each Member of the United Nations undertakes to comply with the decision of the International Court of Justice in any case to which it is a party. 2. If any party to a case fails to perform the obligations incumbent upon it under a judgment rendered by the Court, the other party may have recourse to the Security Council, which may, if it deems necessary, make recommendations or decide upon measures to be taken to give effect to the judgment. Article 95 Nothing in the present Charter shall prevent Members of the United Nations from entrusting the solution of their differences to other tribunals by virtue of agreements already in existence or which may be concluded in the future. Article 96 a. The General Assembly or the Security Council may request the International Court of Justice to give an advisory opinion on any legal question. b. Other organs of the United Nations and specialized agencies, which may at any time be so authorized by the General Assembly, may also request advisory opinions of the Court on legal questions arising within the scope of their activities.

INTERNATIONAL CRIMINAL COURT (ICC) Permanent international court established to investigate, prosecute and try individuals accused of committing the most serious crime of concern to the international community as a whole, namely the crime of genocide, crimes against humanity, war crimes and the crime of aggression. • Established in July 2002. • Seat of the court- The Hague, Netherlands • The ICC has jurisdiction only with respect to events which occurred after the entry into force of its Statute on 1 July 2002.  The ICC began functioning on 1 July 2002, the date that the Rome Statute entered into force. The Rome Statute is a multilateral treaty which serves as the ICC's foundational and governing document. States which become party to the Rome Statute, for example by ratifying it, become member states of the ICC. As of March 2019, there are 124 ICC member states.  The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal that sits in The Hague in the Netherlands. The ICC has the jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes, and crimes of aggression. The ICC is intended to complement existing national judicial systems and it may therefore exercise its jurisdiction only when certain conditions are met,

P a g e | 64 Anfal Academy such as when national courts are unwilling or unable to prosecute criminals or when the United Nations Security Council or individual states refer situations to the Court. Subject-matter jurisdiction requirements The Court's subject-matter jurisdiction means the crimes for which individuals can be prosecuted. Individuals can only be prosecuted for crimes that are listed in the Statute. The primary crimes are listed in article 5 of the Statute and defined in later articles: genocide (defined in article 6), crimes against humanity (defined in article 7), war crimes (defined in article 8), and crimes of aggression (defined in article 8 bis) (which is not yet within the jurisdiction of the Court; see below).[ In addition, article 70 defines offences against the administration of justice, which is a fifth category of crime for which individuals can be prosecuted. Genocide Article 6 defines the crime of genocide as "acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group". There are five such acts which constitute crimes of genocide under article 6: 1. Killing members of a group 2. Causing serious bodily or mental harm to members of the group 3. Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction 4. Imposing measures intended to prevent births within the group 5. Forcibly transferring children of the group to another group The definition of these crimes is identical to those contained within the Convention on the Prevention and Punishment of the Crime of Genocide of 1948. Crimes against humanity Article 7 defines crimes against humanity as acts "committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack". The article lists 16 such as individual crimes: 1. Murder 2. Extermination 3. Enslavement 4. Deportation or forcible transfer of population 5. Imprisonment or other severe deprivation of physical liberty 6. Torture 7. Rape 8. Sexual slavery 9. Enforced prostitution 10.Forced pregnancy 11.Enforced sterilization 12.Sexual violence 13.Persecution

P a g e | 65 Anfal Academy 14.Enforced disappearance of persons 15.Apartheid 16.Other inhumane acts Crimes of aggression

Cases By ICC: 1: Thomas Lubanga of congo In 2007 the first accused to face trial before the ICC was Thomas Lubanga, former Commander-in-Chief of the Forces Patriotiques pour la Libération du Congo (FPLC) (Patriotic Forces for the Liberation of Congo). He is charged with committing three war crimes between July 2002 and December 2003:  conscripting children under the age of 15 years into armed groups;  enlisting children into armed groups, and  using children to participate actively in armed conflict.

2: Corfu Channel: The first case entered in the General List of the ICJ was (Corfu Channel (United Kingdom v. Albania)) which was submitted on 22 May 1947. The Corfu Channel Incident refers to three separate events involving Royal Navy ships in the Channel of Corfu which took place in 1946. During the first incident, Royal Navy ships came under fire from Albanian fortifications. The second incident involved Royal Navy ships striking mines and the third incident occurred when the Royal Navy conducted mine-clearing operations in the Corfu Channel, but in Albanian territorial waters, and Albania complained about them to the United Nations. • This series of incidents led to the Corfu Channel Case, where the United Kingdom brought a case against the People's Socialist Republic of Albania to the International Court of Justice. The Court rendered a decision under which Albania was to pay £844,000 to Great Britain, the equivalent of £20 million in 2006. Because of the incidents, Britain, in 1946, broke off talks with Albania aimed at establishing diplomatic relations between the two countries. Diplomatic relations were only restored in 1991.

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Comparison between ICJ AND ICC FEATURE ICJ Year Court 1946 Established Sovereignty, boundary disputes, maritime Subject disputes, trade, natural Matter resources, human rights, treaty violations, treaty interpretation, and more.

UNrelationship

Location Jurisdiction

Official court of the U.N., commonly referred to as the World Court. The Hague, The Netherlands U.N. member-states (i.e. national governments)

ICC 2002

Genocide, crimes against humanity, war crimes, crimes of aggression

Independent. May receive case referrals from the UN Security Council. Can initiate prosecutions without UN action or referral. The Hague, The Netherlands Individuals

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NATIONALITY What is nationality? How it differs from domicile? Explain both. Nationality: - The term nationality may be defined as under: Definition: - “ The legal relation of the sovereign state and the citizen is said to be nationality.” Oppenhiem: ‘Quality of being a subject of a certain state.’  According to article 15 of Universal declaration of Human rights 1948, everyone has the rights to a nationality.’ Explanation: - Nationality refers to a relationship between a person and their nation, or in legal terms, a country i.e. a place to whom a person has (or is claimed to "owe") their origin, culture, familiarity, association, affiliation, fidelity, and loyalty. The nationals of a country generally possess the right of abode in the territory of the country whose nationality they hold. Nationality of an individual is the quality of being a subject of a certain state and therefore its citizens. Nationality forms a continuing state of things and not a physical fact which occurs at a particular moment. Nationality is regulated by municipal laws. But in conflict of municipal and international laws always been happen, creating a lot of problems, due to un uniformity of municipals laws of the nations. So, to overcome these problems some international rule has also been recognizes and others are attempted to be recognized in this behalf. As for example, double nationality, statelessness etc. Modes of Acquisition of Nationality: - Different states have different rules regarding nationality, so there are different rules in each state has for acquisition of nationality. Importance of nationality: By Starke. 1. Protection of rights 2. Responsibility of state. 3. Jurisdiction of state over civil and criminal matters. 4. Refusal to extradite 5. Practice of state during war.

ACQUISITION OF NATIONALITY.

P a g e | 68 Anfal Academy There may be any of the following modes in different states of acquisition of nationality. 1. By Birth: - The first important and chief mode of acquisition of nationality is by birth. Every person acquires nationality by birth. The principle of acquisition of nationality by birth is known as jus soli. Example. Britain and US adopt this principle 2. By Descent: - Nationality may also be acquired by a person on the basis of the nationality of either parents. The principle is called jus sanguinis. 3. By Naturalization: - Nationality may also be acquired by naturalization. Nationality by naturalization means that the acquisition of nationality when a person becomes citizen of a state for a specified course of time. Example: The people who migrated after 1947 from India and settled in Pakistan, acquired nationality by naturalization 4. By Resumption: - Acquisition of nationality by resumption means to resume the previous nationality. Sometimes it may happen that a person loss his nationality due to several reason, so subsequently he may acquire the nationality of the previous state. 5. By Subjugation: - In case of conquest of a state by another state all the citizens of the defeated state become the nationals of the conquering state, the mode of acquisition is said to be acquisition of nationality by subjugation. Example: Britain conquered the Falkland island , hence people of that Island acquired nationality of Britain 6. Be Cession: - When a state or a part of a state is ceded to another state, all the nationals of the former state acquire the nationality of the state in which their territory has been so merged. Example: After Independence Bahawalpur state , Hunza and swat ceded in Pakistan. Hence the people of that areas acquired nationality of Pakistan. 7. By Option: - Nationality may also be acquired by option, in case where a parent state has been partitioned into two or more states. In such a case the inhabitants have an option to acquire the nationality of any of the successor states. 8. By Registration: - Nationality of a state may be acquired by registration in that state. The laws as to acquisition of nationality by registration are different in different states.

Modes of Loss of Nationality: state due to any of the following modes:

A person may loss his nationality of a

P a g e | 69 Anfal Academy 1. By Release: - In some states the citizens have been given a right to release their nationality. The loss of nationality by release shall only take place when an application is made by the applicant to that effect, and when such application has been accepted. In such a case the concerned person is deemed to be released from the state concerned. 2. By Deprivation: - Nationality may also be lost by deprivation. In other words when the authority of a state deprive a person from being its national due some reason, the person concerned is deemed to loss nationality by deprivation. To deprive a person from his nationality any of the following reasons may be invoked by the authority doing so; • If registration or certificate of naturalization has been obtained by means of fraud, false representation or by concealing any material fact or; • If he has been disloyal or disaffected to the integrity of the concerned sovereign state, • If he has done by prejudicial act or traded with enemy while the state, in which he has the nationality, is at war with that state, • If he has been continuously resided in a foreign country for a length of years. 3. By Renunciation: - A person may also has a right to renounce his nationality in a case where he obtains nationalities of more than one state. In such a case he has to make a choice as to retain one of the nationality in which he want to be a national. 4. By Residence Abroad: - Nationality may be lost by reason of expiration. In other words, when a person resides abroad for a length of time. In such a case by the operation of municipal law of that state, he may loss his nationality. 5. By Substitution: - Loss of nationality by substitution means the loss of nationality of one state in place of attaining of nationality of another state. That is to say, when a person acquires a nationality of one state in place of nationality of another state, he losses the nationality of the other state.

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FUNCTIONS, PRIVILEGES AND IMMUNITIES OF THE DIPLOMATIC ENVOYS Diplomatic agents are those persons who abide in foreign state as representatives of their own states. Classification of Diplomatic Agents: -Diplomatic agents may be classified as under: Vienna Convention on diplomatic relation 1964. 1. Ambassadors: - The personal representatives of the Head of the state are said to be ambassadors. And in the common wealth countries the representatives are said to be the High Commissioners. As for example, the representative of Pakistan in India is called High Commissioner. The appointment of the ambassador is subjected to the assent of receiving state. In other words the person who is going to be appointed as a diplomatic envoy in a country it is necessary that he must porsona grata, for the receiving state. Otherwise he should be refused. So, it is a duty of the sending state to send a report regarding the person to be appointed as diplomatic envoy to the receiving state. Once a person has been accepted as envoy he should be given certain rights and immunities. As for example, he has a right to claim the title of ‘Excellency’. Functions of Diplomatic Agents: The functions of diplomatic agents may be derived from international law and municipal law of the concerned countries. The chief functions of the diplomatic agents may be given as under; 1. Representation: - The most important function of the diplomatic agents is to represent the state from where they have been sent in the state to whom they have been sent. They are actually the mouthpiece of the Head of the home state because they communicate with the host state the affairs of the home state. 2. Negotiation: - The other most important function which the diplomatic agents have to perform is the negotiation. They negotiate on various aspects on behalf of he sending state with the state to which they are accredited in order to maintain friendly relationship between the two. They are required to communicate the outcome of the negotiations to the sending state from time to time. 3. Protection: - Diplomatic agents protect the interests of the sending state and also of its nationals and their property within the limits permitted by International Law but by the municipal law and regulations of the sending state within which an

P a g e | 71 Anfal Academy envoy affords protection. 4. Observation: - Diplomatic agents are required to observe those happenings and events which may take place in the state where they are accredited, especially those which may have effecting the state by which they are sent. After making observations they are required to make periodical reports as well as special reports thereon to the government of the sending state. 5. Promotion of Friendly Relation: - Diplomatic agents are required to promote friendly relations between the sending state and the receiving state. They also have a function to develop the economic, cultural and social relations between the two states.

PRIVILEGES AND IMMUNITIES OF THE DIPLOMATIC ENVOYS THEORIES AS TO DIPLOMATIC IMMUNITIES AND WHAT IMMUNITIES ARE AVAILABLE TO DIPLOMATIC AGENTS Theories of Diplomatic Immunities: - There are following three theories regarding immunities of diplomatic agents: 1. Extra-territorial Theory: - This theory reveals that the diplomatic agents are not under the jurisdiction of the receiving state, rather they are under the sending state. And their physical presence shall not entitle the receiving country to have jurisdiction on them. This theory is also called as fictional theory, because the extra-territoriality is based merely on a fiction. 2. Representational Theory: - According to this theory immunities are given to the diplomatic agents because they are the representatives of the sovereign, so just as the immunities are given to the prince of a sovereign in the same way the immunities are to be given to the diplomatic agents.

P a g e | 72 Anfal Academy 3. Functional Theory: - According to this theory the immunities and the privileges are given to the diplomatic agents because they have given so special duties to be performed and the nature of the task given to them requires them to be free in all respects. Otherwise the local administration may by abuse of powers interrupt them and their function may be affected scrupulously. So, to avoid such situation they should be given certain immunities and privileges. Conclusion: - From the above discussion it is evident that the extra-territorial theory is not maintainable at all. But both representational theory and functional theory provide basis for the diplomatic immunities and privileges. According to Vienna convention 1961, Following are the immunities to diplomatic agents. Immunities And Privileges of Diplomatic Agents: - According to the provisions of the Vienna Convention following immunities and privileges are available for diplomatic agents: 1. Inviolability of Diplomatic Agents: - (Article 22) The person, freedom and dignity of a diplomatic agent is inviolable. The receiving state shall guarantee his person and shall give him respect. In other words, diplomatic agents cannot be detained or arrested. But the immunity of inviolability of diplomatic agent is not absolute. They may be arrested in special cases. As for example, if a diplomatic agent is found drunken having a gun, so due to avoid violence he may be arrested by the receiving states. 2. Inviolability of Mission’s Staff: - The Vienna Convention also lays down certain immunities and privileges to the administrative and technical staff of the diplomatic mission and for their family members which are also inviolable subject to certain limitations. 3. Inviolability of Premises: - The permanent diplomatic mission has premises in the receiving state where it is to operate its mission. So, the premises and the private residence of the diplomatic agents are also inviolable. 4. Immunity from Local Jurisdiction:The diplomatic agents are immune from local jurisdiction. In other words diplomatic agents cannot be tried by the Courts of the receiving state. Immunity extends to civil, criminal and administrative jurisdictions. 5. Immunity from Taxes and Customs Duties: - The diplomatic agents are also immune from all sorts of taxes subject to certain exceptions.

P a g e | 73 Anfal Academy 6. Immunity from Local and Military Obligations: - The diplomatic agents are also immune from certain local and military obligations of the receiving state. As for example, the diplomatic agents are exempted from military contributions, etc. 7. Freedom of Communication: - The diplomatic agents have also been entitled to communicate any information for official purpose to the sending state. Such communications includes the use of couriers and code messages. The diplomatic bag is also inviolable. 9. Freedom of Movement: - The diplomatic agents are free to move and travel in the territory of the receiving state. But this is subject to the laws and regulations, and laws made by the receiving state concerning the prohibited security zone. 10. Right to Worship: - The diplomatic agents have a right to worship any religion they like within the premises. They cannot invite the nationals of the receiving state to take part to the worship. In other words, they have no right to preach their religion in the receiving state.

Termination of Diplomatic Mission: There are following two meanings of the termination of the diplomatic mission: 1. Termination of the Head of the Mission. 2. Termination of the Mission as a whole. 1). Termination of the Head of the Mission: - The Head of the Mission may have terminated in any of the following ways: i. Expiration of time: - When the time specified for the termination in the letter of the credence reaches, the Head of the mission shall be deemed to be terminated. ii. Recall of Diplomatic Agent: - The mission shall also be deemed to come to an end when due to unfriendly relationship between receiving and sending states, the receiving state recalls the envoy. The diplomatic agent may also be recalled on his misconduct or misbehavior. iii. On request of the Receiving State: The head of the diplomatic mission may be terminated when a request is made by the receiving state in this regard. It also takes place when the relations between the two become unfriendly or because of misconduct on the part of the envoy. iv. Persona-non-gratia: - Every receiving state has a right to declare an envoy nonacceptable. The envoy then called as persona-non-gratia. If any head of the

P a g e | 74 Anfal Academy mission has been declared as persona-non-gratia he shall be deemed to be terminated.

2. Termination of the Mission as a whole: - A state has a right to terminate the diplomatic mission as a whole, such a situation may arise when war breaks out between the sending state and the receiving state. In cases of armed conflict not amounting to war, diplomatic mission may not be terminated. The diplomatic mission terminates ipso facto when the sending or receiving state is extinguished by voluntary merger into another state or through annexation. Upon the termination of a mission the functions of the persons concerned come to an end. Members of the mission and their families nevertheless continue, even in case of armed conflict, to be entitled to their privileges and immunities until they leave the country or on the expiry of a reasonable time to do so. It is to be noted that armed conflict between the two states does not terminate the mission in all the cases. As for example, in case of armed conflict with India in 1965, diplomatic relations didn’t come to end.

NEUTRALITY AND NEUTRALIZED STATE “Neutrality is the attitude of impartiality adopted by third states towards belligerents, such attitude creating rights and duties between the impartial states and the belligerents”. Neutrality is a term of International law, it applies to a state which is impartial and does not take part in war or conflict between two states. Such a state does not support or help either side to a conflict or disagreement. According to Black’s Law Dictionary: “The State of a nation which takes no part between two or more other nations at war” Definition Given by Various Authors 1. Lawrence: “Conditions of those states which in times of war take no part in the contest but continue pacific (peaceful character) intercourse (communication) with the belligerents ( a nation or person engaged in war or conflict.

P a g e | 75 Anfal Academy 2. Jessup: “Neutrality is a legal status arising from the abstention (an instance of dealing to vote for or against) of a state from all participation in a war between other states. 3. Stark: “ In its popular sense, neutrality in its attitude of a state and in a technical sense neutrality means a legal status of special nature of a state involving complex of rights, duties and privileges at international law which must be respected by belligerents”.  A neutral country is one that chooses not to take part in a War between other countries.  International law allows a country to remain neutral during a period of war between two or more states.  When a country declares it is neutral, it cannot allow any part of its territory from becoming a base for one side.  It may not construct warships, recruit soldiers or organize military expeditions on behalf of one belligerent.  It is also called "armed neutrality" when declaring itself neutral during a war.  Neutrality is an attitude of impartiality adopted by states in a war. Adopting neutrality avoids participating in a war and states come to known as neutral states. Neutrality discourages war. If war takes place, it localizes war and regularizes international relations.  When a state wishes to remain neutral, it has to make an immediate notification of neutrality and shall communicate it to the belligerents. In WW-II, immediately after its outbreak in September, almost all neutral states declared their neutrality at over and specially communicated the fact to the belligerents.

Rights and Duties of Neutral States: The term neutrality does not mean merely the non-involvement of a state during a war. The neutral state also has a duty to preserve that attitude in accordance to the complex “patterns of conduct” during war time. The law on the rights and duties of the neutral states are governed by the Hague Conventions (1884-1907). Following are the rights and duties of the neutral states.

Duties of the Neutral States: Abstention: A neutral state is required to adopt the attitude of impartiality and must not provide any kind of help to the belligerents in the form of cash or kind, military

P a g e | 76 Anfal Academy equipment’s, refueling the vehicles, providing transportation by land or sea, giving government industrial plants which can be helpful in the war, providing shelter to the soldiers and fighters etc. even a public expression in favour of one belligerent and against another is prohibited. “Any facility directly given to the belligerents concerning military or naval operations is illegal.” Hague Convention No.v and xiii Prevention: A neutral state is under a duty to prevent either of the belligerents from carrying on certain activities within its territories or territorial sea that can be injurious to one belligerent and favorable to its enemy. The neutral state must prevent the preparations of war or training of fighters within its territories to assist any of the belligerents. A neutral state must prevent installing of communication equipment’s and other military installation which might be helpful in war. The neutral state has a duty to prohibit the passage of troops across its territory. Acquiescence: The duty of acquiescence is correlative to belligerent’s privilege. For example, belligerents have a right of visit and search and of capture at sea or may police the trading activities of the neutral state’s nationals; the neutral state has no legal redress against these actions rather than except giving acquiescence to them. Compensation or Restoration:If a belligerent causes harm to its enemy by using neutral territory or territorial sea, which was under obligation to prevent such activities, the aggrieved belligerent can either demand to restore the things to the aggrieved belligerent or pay compensations. Reparation:It is duty of the neutral state to pay compensation to the belligerents for the violation of the duties. In the Alabama claim, 1872, England was required to pay compensation to the United States when it assisted the southern part in the American Civil war.

Rights of Neutral States / Duties imposed on belligerent states: Inviolability:The most important right of the neutral state is the inviolability of its territory. Hostile and war activities are prohibited on neutral territory and territorial sea. Belligerents cannot violate sovereignty of neutral state neither turn the land or sea

P a g e | 77 Anfal Academy into any military base for war purposes. Trade with other countries: The neutral state is free to carry on trade and commerce with states other than belligerents. The belligerents have an obligation not to prevent the trade of neutral states with each other. Neutral persons and property under belligerent jurisdiction: Neutral state has a right to make sure that its people residing in the belligerent lands are safe and well treated and their properties are neither seized nor destroyed Right to Grant Asylum:Neutral state has a right to grant Asylum to any person including those who are the members of the belligerent armed forces. They will be disarmed and prevented from joining the war again. It is duty of the belligerent state not to treat Asylum as an unfriendly act. Compensation or Restoration:The belligerent whose forces have, in contempt of the law, violated neutral territory, is bound in principle to make reparation for the wrong done to the sovereign neutral territory. The neutral state has a right to demand the complete restoration of any person and property captured within neutral territory as well as compensation in the form of payments.

Neutralized State : ‘A neutralized state is a state whose independence and integrity are for all future time guaranteed by treaty, on condition that such state binds itself not to enter into military. Neutral state Temporary in nature Neutral status commence and end with war. Neutral state is not guaranteed by other state. Adopted and accepted through statement or acts.

Neutralized state Permanent in nature Neutralized status continues even after the end of war. Neutralized state is guaranteed by other states Adopted and accepted through agreement / treaty

 An example of permanent neutrality would be the Vatican City  It declared itself permanently neutral in the 1929 Lateran Treaty.  Having a long history of remaining neutral, Switzerland became a favorite place for the headquarters of many organizations. The International Red Cross established itself at Geneva during the mid-19th century.

P a g e | 78 Anfal Academy

ASYLUM Asylum: - The term asylum may be defined as under: Definition: - “To provide shelter and protection by a host state to a citizen of another state, is called asylum.” Explanation: - The grant of asylum is an old international doctrine. But lacking general rules for its regulation in the premises of international law. Asylum is the extension of shelter and protection to an alien by a sovereign in case where there is a danger to the life of the alien or he is in fear of being prosecution in his state by the his opponent government due to the divergent political, social or religious views as between him and his government. The philosophy behind asylum is the generally accepted international rule that each state is sovereign in its territorial jurisdiction. No other state has a right of jurisdiction on the territory of any state. Asylum is granted in consideration of national security because the rebel of today may be the ruler of future. So, if he is not given the asylum the relations may become adverse if the person, seeking asylum, comes in power in future. Asylum is opposite to another legal doctrine namely, extradition. In which case the person is not granted the asylum but is handed over to the requesting state. As pointed out hereinbefore, that there is no generality of rules on the subject of asylum in international law, even though, there are certain declarations and customs which stress on fact that every person should be given asylum. But as such declarations are not binding in nature so the grant of asylum is dependent totally on the discretion of the granting state. Kinds of Asylum: - There are following two kinds of asylum; Territorial Asylum, and Extra-territorial Asylum 1. Territorial Asylum: - The grant of asylum by a state on its own territory is said to territorial asylum. As for as, every state has exclusive right of control and jurisdiction on its territory, so it the discretion of that state weather to extradite the person or to grant asylum to him. Because every state has territorial sovereignty over all persons, on its territory, whether they are its subject or aliens. 2. Extra-territorial Asylum: - The grant of asylum by a state outside its own territory is said to be extra-territorial asylum. In other words the grant of asylum on places not forming its physical territory, is said to be extra-territorial asylum.

P a g e | 79 Anfal Academy Extra-territorial asylum may be given at any of the following places: i. Asylum in legation or Diplomatic Asylum: - The grant of asylum by a state in its embassy premises situated in foreign state, is said to be asylum in legation or diplomatic asylum. It is so because the embassy premises are considered to be excluded from the territorial jurisdiction of the state where it is situated. iii. Asylum in Consulates: - In consulates also the asylum may be granted to any person in the same way as in the case of asylum in legation premises. ii. Asylum in Warships: - Asylum may also be granted in warships, because men of war and public vessels of a foreign are exempted from the jurisdiction of the state in whose ports or waters may be found. Rather, they are under the jurisdiction of the flag state. iii. Asylum In Merchant Vessels: - In merchant vessels the asylum cannot be given except where there is a treaty between the states. The reason that merchant vessels cannot grant asylum is that, they are not excluded from the jurisdiction of the state in whose waters or ports it is found. iv. Asylum in the Premises of International Institutions: - Asylum may also be granted in extreme danger to life in the premises of international institutions.

EXTRADITION Extradition: - The extradition may be defined as under: Definition: - “The delivery of a person; suspected or convicted of a crime, by the state where he has taken refuge or taken asylum, to the state that asserts jurisdiction over him.” Explanation: -Generally each state has full jurisdiction over all its subjects within its territory. But sometimes a state becomes helpless to punish a guilty person. It is so because such guilty person after committing crimes fled away to another country. So if there is no co-operation between nation states in handing over the criminals to the affected states, the end of justice with its real sprite cannot be attained. Due to this fact the nation-states adopt the doctrine of extradition. In other words, the nation states hand over the criminals to the affected states in the administration of justice. BASES: -International law neither recognizes the rules regarding extradition, nor it recognizes any general duty on the nation-states in this connection. Rather the

P a g e | 80 Anfal Academy doctrine of extradition is based on some general universal principles. And it arises from the provisions of treaties between the nation-states. If there is no treaty between nation-states for extradition, the country asserts jurisdiction over the criminal is not bound to extradite him to the affected country. In other words extradition is the product of the treaties between the nation states, but it may not be said that without any treaty there would be no extradition. Rather the nation states in pursuance of mutual co-operation sometimes extradite the criminals to the other country although in the absence of any treaty. Restriction: - As for as Extradition is concerned, it mostly depends upon treaties. But before, the conclusions of a treaty the nation-states usually consider the following restrictions established by Courts in this behalf; 1. Existence of a Formal Treaty: - The existence of a formal treaty is also sometimes becoming much necessary. Because, it is generally a matter of bilateral treaty. So, mere agreement or notification is not sufficient to bind the state to extradite a criminal. The existence of a formal treaty is necessary because the state may refuse to extradite the criminals in the absence of any treaty in this behalf. 2. Honor of Treaty: - In case of a treaty for extradition it is important to fulfill all the conditions and terms of the said treaty. 3. Political Criminal: - There is an important principle in international law that the political criminal shall not be extradited. It is also a restriction on the scope of extradition. 3. Military Criminals: - Military criminals shall also not be extradited who have not been charged of war crimes. 4. Religious Criminals: - Religious persons shall also not be extradited. 5. The Rule of Specialty: - The extradition of a criminal for a particular crime entitles the requesting state only to prosecute him for that crime and not otherwise, the rule is said to be rule of specialty. It is also a bar on the soul extradition. 6. Double Criminality: - Another bar on the extradition is the principle of double criminality. According to this principle the crime for which the extradition of a person is requested shall be of a nature be incorporated in the domestic laws of both the states. 7. Prima facie Evidence: - Prima facie evidence is another restriction on the scope of extradition. It means that there should be sufficient evidence for crimes relating to extradition.

P a g e | 81 Anfal Academy 8. Fulfillment of Formalities: - It is also equally important to fulfill all other formalities as are necessary for extradition. Conclusion: - So, in the light of the above discussion it may be concluded, that extradition is subjected to many restrictions. And an attempt should be made to overcome such restriction. Because, it is inevitable to punish a person for the crime committed by him in the administration.

INTERNATIONAL LAW MCQS: INTERNATIONAL LAW MCQS: (The option italic & bold is correct one)

(1) Number of Judges of International Court of Justice is (a) Nine (b) Twelve (c) Fifteen (d) None of these (2) Permanent Court of International Justice was established under (a) League of Nations (b) UNO (c) European Union (d) None of these (3) Pacta Sunt Servanda means (a) Treaties between states are to be respected (b) An unwanted person (c) International Law must be honoured (d) None of these (4):Headquarters of International Court of Justice is in (a) Hague (b) Geneva (c) New York (d) None of these (5) Persona Non Gruta means (a) Impracticable article of international law (b) A fugitive criminal (c) A person refused for asylum (d) None of these (6) Father of the Law of Nations is (a) Grotius (b) Hegel (c) Anziloei (d) None of these (7) Principles Jes Soli means (a) Grant of nationality on the basis of place birth

(b) Grant of nationality

P a g e | 82 Anfal Academy on the basis of blood relationship (c) Grant of nationality through naturalization

(d) None of these

(8) Much of international law is derived through analogy from (a) Islamic law (b) Christian Law (c) Roman law (d) None of these (9) Vienna Convention on Law of Treaties was signed in (a) 1961 (b) 1945 (c) 1927 (d) None of these (1969)

(10) Truce mean (a) A temporary arrangement between the belligerent parties for cessation of hostilities (b) Any peace treaty to end a war (c) No War Pact (d) None of these (11) Declaration is a treaty between the contracting parties which (a) is always subject to ratification (b) is not needed to be ratified (c) may or not be subject to be ratification (d) None of these (12) Diplomatic Protection means a protection and security granted (a) to a diplomat by UNO (b) by a state to its national abroad (c) by a State to a person seeking asylum (d) None of these (13) Kellog Briand Pact or Paris Peace Treaty was signed in (a) 1945 (b) 1928 (c) 1919 (d) None of these (14) Recognition of new States is a matter of (a) International law (b) Constitutional law (c) Policy of the State (d) None of these (15) To get asylum in a foreign state by an individual (a) is his basic right (b) is not his right (c) depends on circumstances (d) None of these

(16) Diplomatic envoys in the receiving state are given immunity from (a) Civil jurisdiction (b) Criminal jurisdiction (c) Both criminal and civil jurisdiction (d) None of these

P a g e | 83 Anfal Academy (17) Territorial sea of a State is under (a) its total control (b) its control, but subject to certain international obligations (c) its control, only for exploration of mineral resources (d) None of these (18) Genocide Convention was adopted by the UN General Assembly in: (a) 1945 (b) 1950 (c) 1960 (d) None of these (19) Bynkershock principle is related to: (a) Measurement of maritime belt (b) Contiguous zone (c) Extradition of criminals (d) None of these ((((**************************))))) 1. One of the modes of acquiring state territory is: (a) Jurisdiction (b) occupation (c) insurgency (d) None of these 2. The name of the present secretary general of the UN is: (a) Kofi Anaan (b) Boutros gali (c) António Guterres (d)None of these 3. The preamble to the universal declariation on human rights was adopted on: (a) 12 jan 1949 (b) 10 Dec 1948 (c) 6th Aug 1947 (d) Non of these 4. The right of innocent passage means: (a) right of a foreign merchant ship to pass un-hindered through the territorial sea of the cost (b) Not to publicize dangers to navigation in the sea (c) To over look regulations of marri-time traffic (d) Non of these 5. The basic frame work for the nature and characteristics of treaties was defined in the: (a) Vinnea convention on the law of treaties 1969 (b) Geneva connvention on the high seas 1958 (c) Vinnea convention on the law of treaties 1986 (d) Non of these 6. With drawl of recognition is more easily achieved with respect to: (a) Defact recognition (b) Collective Recognition (c) Implied Recognition (d) Non of these

P a g e | 84 Anfal Academy 7. The father of International Law is: (a) David Dudley field (b) Hugo Grotius (c) Geremy bentham (d) Non of these 8. Internal waters of a state are, such waters which are: (a) found on the land-ward side of base line from which the territorial sea is measured. (b) Adjusant to the exculsive fisheries zone. (c) waters flowing into the high sea’s (d) Non of these 9. The doctrine of open sea was eloborated by: (a) Blunt schilli (b) Pufendorf (c) Grotius (d) Non of these

10. According to article 3 of the 1982 convention on the law of the sea the breadth of the territorial sea is: (a) 10 miles (b) 12 miles (c) 14 miles (d) None of these 11. The term Men of War signifies: (a) Military personal (b) A warship (c) An aircraft carrier (d) None of these 12. The number of judges constituting the international court of justice are: (a) 15 (b) 12 (c) 10 (d) None of these 13. Terra Nullius means: (a) Island in the sea (b) No territory (c) Territory belonging to no state (d) None of these 14. The Acronym WMD stands for: (a) Western missile defense (c) World metrological Department

(b) Weapons of mass destruction (d) None of these

15. Hot persuit is the principle designed to ensure: (a) Vessiles voilating rules of coastal state cannot escape punishment by fleeing to high sea’s (b) Capture (c) Cancellation of Registration

P a g e | 85 Anfal Academy 16. Piracy, according to law of sea convention 1982 is: (a) An illegal act by crew of private ship on the high sea’s. (b) An act of sabotage (c) Act permissible in certain cases 17. The general assembly of the UN is : (a) The most powerful organ (b) A supervisory body (c) An elected House (d) None of these 18. The charter of the UN is a comprehensive document having: (a) 112 articles (b) 111 articles (c) 108 articles (d) None of these 19. One of the amicable means of settling state disputes is: (a) Conciliation (b) Blockade (c) War (d) None of these 20. The bulk of the rules of International law are derived from: (a) Judicial decisions (b) work of publicities (c) Customs (d) None of these

((((((**************************)))))

(1) Subject of International Law are: (a) States (b) Individuals (c) Both (d) None of these (2) The General Assembly is: (a) The Principle Organ of UNO (b) An ordinary Organ of UNO (c) A check on the Security Council (d) None of these (3) League of Nations was not joined by: (a) USA (b) France (c) UK (d) None of these

P a g e | 86 Anfal Academy (4) Judges of the ICJ are: (a) Elected by the Security Council (b) Elected by the General Assembly and the Security Council (c) Appointed by the Secretary General in consultation with the five permanent members of the Security Council. (d) None of these (5) Under the Convention of the Law of the Sea, the breadth of the Territorial Sea is: (a) 6 nautical miles (b) 8 nautical miles (c) 12 nautical miles (d) None of these (6) A state can use force: (a) In its own defence (b) By entering into a treaty with another state (c) At its own discretion (d) None of these (7) Diplomatic relations are established by: (a) Mutual agreement (b) Unilateral action (c) Decision of neighboring States (d) None of these (8) Rights of hand-locked states are governed by (a) Rules of customary international law (b) Convention on the Law of Sea (c) Mutual Consent (d) None of these (9) Vienna Congress took place in: (a) 1815 (b) 1919 (c) 1945 (d) None of these (10) Universal Declaration of Human Rights was signed in: (a) 1966 (b) 1968 (c) 1948 (d) None of these

P a g e | 87 Anfal Academy (11) The United Nation is: (a) A Supra-State organization (b) A creation of Member States (c) Has no link with States after its establishment (d) None of these (12) Territorial asylum is: (a) An exercise of territorial sovereignty (b) An impingement of territorial Sovereignty (c) Granted by mutual consent (d) None of these (13) A state is (a) Bound to recognize a new state (b) Not bound to do so (c) Requited to enter into dialog with the new state for recognition (14) Minquires and Ecrehos case was decided by (a) ICJ (1950) (b) PCIJ (c) Europe Court of Human Rights (d) None of these (15) The eruption of war termination: (a) All treaties (b) Only political treaties (c) No treaty (16) International Law can: (a) Compel a state to settle a dispute (b) Provide moral support to an issue in dispute (c) Furnish legal substance to an issue in dispute (d) None of these (17) The concept of State immunity is: (a) An attitude of territorial sovereignty (b) A derogation-form the sovereignty of state (c) Not concerned with territorial sovereignty (d) None of these (18) The Continuity of states us International Legal Persons is: (a) Affected by change of government (b) Not affected by change of government (c) Depends of the recognition of new government

P a g e | 88 Anfal Academy (d) None of these (19) Harmon Doctrine is: (a) Part of International Law (b) Was renounced before it could take roots in International Law (c) Is attempting to earn general acceptance (d) None of these (20) Vital change of circumstances (a) Renders a treaty invalid (b) Terminates the treaty (c) Has no effect on the treaty (d) None of these (((((((((***********************))))))))

(1) In Pakistan the limit of the territorial waters is: (a) 24 (b) 12 (c) 36 (d) None of these (2) A diplomatic agent is immune from local jurisdiction: (a) In all cases (b) In criminal cases (c) In cases involving personal property (d) None of these (3) Haronon Doctrine means (a) A state cannot interfere in the internal affairs of other States (b) A state is not bound to recognize a government installed by a foreign power (c) A State has the right to use force for the protection of its nationals. (d) None of these (4) The Universal Declaration of Human Rights was adopted in: (a) 1917 (b) 1945 (c) 1948 (d) None of these (5) Contiguous Zone in Pakistan is adjacent to and beyond the territorial waters and extending seawards to a time (a) 12

P a g e | 89 Anfal Academy (b) 24 (c) 48 (d) None of these (6)The width of the partition belt is generally recognized to be (a) 3 miles (b) 5 miles (c) 10 miles (d) None of these (7) The Estrada Doctrine relates to: (a) Delimitation of boundaries (b) Recognition of a government (c) Recognition of a State (d) None of these (8) The term of judges of the International Court of Justice is: (a) 3 years (b) 5 years (c) 9 years (d) None of these (9) Extradition is normally granted: (a) In all cases (b) In criminal cases (c) In civil cases (d) None of these (10) Foreign ships (a) are not allowed to navigate in the Territorial Waters (b) have the right of innocent passage in the Territorial Waters (c) have the right of free passage in the Territorial Waters (d) None of these (11) A State has the right to use force for (a) Obtaining raw materials (b) Creating the protection of human rights (c) Armed attack (d) None of these (12) International Court of Justice was established in: (a) 1945 (b) 1952 (c) 1956

P a g e | 90 Anfal Academy (d) None of these (13) The Vienna Convention on Diplomatic Relations was adopted in: (a) 1945 (b) 1961 (c) 1962 (d) None of these (14) The father of International Law is considered to be: (a) Saurez (b) Oppeahoin (c) Grotius (d) None of these (15) A State has complete immunity from the jurisdiction of foreign courts in: (a) All cases (b) Public acts (c) Private cases (d) None of these (16) International Law Commission is a body to: (a) Investigate situations which may threaten international peace and security (b) Codify International Law (c) Conciliate between the disputing States (d) None of these (17) The first case taken up by the International Court of Justice was: (a) Asylum case (b) Nationality decree in Tunis (c) Corfu Channel (d) None of these (18) A state (a) Cannot nationalize foreign property (b) Can nationalize foreign property without compensation (c) Can nationalize foreign property after paying compensation (d) None of these (19) Diplomatic Asylum means (a) A diplomatic agent seeking asylum in the receiving State (b) Asylum provided by a diplomatic mission (c) Asylum provided to a political leader by a foreign State (d) None of these

P a g e | 91 Anfal Academy (20) Minister Resident are (a) Higher in rank than that of the Minister Plenipotentiary (b) Lower in rank than that of the Minister Plenipotentiary (c) Equal in rank to the Minister Plenipotentiary

((((((*****************))))))

(1) A State has the right to exploit in the Continental Shelf: (a) Living resources (b) Non-living resources (c) Both living and non-living resources (d) None of these

(2) The principle of rebus sie steatibus means (a) A state cannot use force (b) There is no crime without a law (c) Fundamental change of circumstances (d) None of these (3) The Schooner Exchange case dealt with the principle of (a) A State has sovereign right over its neutral resources (b) A State’s Courts have to accept the validity of a foreign State’s acts. (c) A State’s right of reprisals in case of violation of rights (d) None of these (4) Hague Convention of 1970 dealt in properly with the crimes relating to: (a) Refugees (b) Prisoners of wars (c) Hijacking (d) None of these (5) The Universal Declaration of Human Rights was adopted in: (a) 1920 (b) 1945 (c) 1948 (d) None of these (6) Contiguous Zone in Pakistan is adjacent to and beyond the territorial waters and extending seawards to a line: (a) 12 (b) 24

P a g e | 92 Anfal Academy (c) 60 (d) None of these (7) De facto Recognition is (a) Legal recognition (b) Recognition in principle (c) Circumstantial Recognition (d) None of these (8) The limit of the Territorial Waters of Pakistan is: (a) 12 nautical miles (b) 20 nautical miles (c) 24 nautical miles; beyond the land territory and internal waters of Pakistan measured from the base line (d) None of these (9) Continental Shelf of Pakistan may extend upto a distance of (a) 150 nautical miles (b) 200 nautical miles (c) 250 nautical miles (d) None of these (10) Exclusive Economic Zone of Pakistan is an area beyond and adjacent to the territorial waters the limit of which is (a) 12 nautical miles (b) 100 nautical miles (c) 200 nautical miles (d) None of these (11) According to the “Floating island Theory”, a floating island is (a) An island within 3 nautical miles from the coast of a country (b) An island on the high seas which is not the territory of any particular State (c) A ship bearing the national flag of a State (d) None of these (12) In procedural matters the decisions of the Security Council are made by an affirmative votes of any (a) 5 members (b) 9 members (c) 15 members (d) None of these (13) Extradition is normally granted (a) In all cases

P a g e | 93 Anfal Academy (b) In civil cases (c) In criminal cases (d) None of these (14) What is Contrabands? (a) All narcotics (b) Articles banned by a Government (c) All smuggles goods (d) Goods which may assist an enemy in the conduct of war (e) None of these (15) A state has the right to use force in case of (a) To obtain war material (b) Armed attack (c) To ensure the protection of human rights (d) None of these (16) Diplomatic Asylum means (a) A diplomatic agent seeking asylum in the receiving State (b) Asylum provided by a diplomatic mission (c) Asylum provided to a particular leader by a foreign State (d) None of these (17) The International Law Commission is a body to (a) Investigate situation which may threats international peace and security (b) Codify International Law (c) Conciliate between/among the disputing States (d) None of these (18) The width of the maritime belt is generally recognize to be (a) 3 miles (b) 5 miles (c) 10 miles (d) None of these (19) Foreign ships (a) Are not allowed to navigate in the territorial waters (b) Have the right of innocent passage in the territorial waters (c) Have the right of free passage in the territorial waters (d) None of these (20) The Vienna Convention on Diplomatic Relations was adopted in (a) 1945 (b) 1961

P a g e | 94 Anfal Academy (c) 1971 (d) None of these

((((((((((*****************************)))))) (A) The doctrine, which accepted the "Law of Nature" as an independent source of rules of the law of nations, was propounded by: 1: Bodin 2: Machiavelli 3: Hobbes 4: Grotius

(B) The permanent court of arbitration was established by: 1: The Hague Conferences of 1899 and 1907 2: The Washington Naval Conference of 1922 3: The Vienna Conference of 1968-69 4: The Geneva Convention of April 29, 1958. (c) "International Law is not true Law but positive international morality only". Who said it? 1: Pufendof 2: Austin 3: Bentham 4: Pollock (D) "Treates are the supreme law of the land". Where is it laid down? 1: Constitution of USA 2: UN Charter 3: Statute of the ICJ 4: British Constitution (E) When was Monroe Doctrine originally announced? 1: 1623 2: 1723 3: 1823 4: 1923 (F) A Vasal State is: 1: One which is completely under the suzerainty of another State 2: One which is supposed to exist in every vessel of the State, on the high seas. 3: A Protectorate 4: A State which is a member of common wealth

P a g e | 95 Anfal Academy (G) A Condominium is : 1: A State of Chaos 2: A State enjoying Dominion status 3: A particular territory over which joint dominion is exercised by two or more external powers. 4: A State with a Federal form of Constitution (H) ANZUS stands for: 1: African National Zest Under Sovereignty 2: Association for security purpose of Australia, New Zealand and the United States. 3: Afghan National Zealous United Struggle 4: All Nigerian Zambian Ugandan Society (I) IAEA is used for: 1: International Atomic energy Agency 2: Islamic aid from Emirates for Afghanistan 3: International agency for Ethiopian Aid 4: Imperial Agency for Europ and Asia. (J) What is Contraband? 1: All Narcotics 2: Articles banned by a government 3: All Smuggled material 4: Goods which may assist an enemy in the conduct of war. (((((*********************************))))

1. Diplomatic protection is the protection which a state gives to: (a) Its nations living abroad through its Embassies (b) All diplomatic envoy on its own territory (c) Its own diplomatic agents in the foreign states (d) None of These 2. Pacta Sunt Servanda means: (a) A diplomat not acceptable to the receiving state (b) Agreement between states are to be respected (c) A pact of ceasefire between the belligerent parties (d) None of These 3. Briand Kellog Pact was meant to: (a) End War between France and Britain

P a g e | 96 Anfal Academy (b) Establish peace in western Europe (c) Denounce war as an instrument for settling disputes. (d) None of These 4. Treaty of Westphalia was signed in: (a) 1658 (b) 1680 (c) 1776 (d) None of These(1648) 5. Permanent Court of International Justice was established in: (a) 1919 (b) 1922 (c) 1915 (d) None of These 6. Srilankan High Commissioner in Islamabad, if found involved in a serious crime in Pakistan, can be (a) Arrested by local police and put to trial (b) Arrested and handed over to his home govt (c) Asked to leave the country by the local authorities (d) None of These 7. The Law of War and Peace was writtern by: (a) Hegel (b) Kelsen (c) Grotius (d) None of These 8. Permanent Court of Arbitration was an outcome of: (a) League of Nations (b) UNO (c) Hague Conference 1907 (d) None of These 9. Albama claims Arbitration Award 1872 established certain principles of: (a) Nationality (b) Neutrality (c) Extradition (d) None of These 10.The leader of positive school of thought was: (a) Bynkershok (b) Stark

P a g e | 97 Anfal Academy (c) Extradition (d) None of These 11.Contraband means: (a) Things usable in war by one party against the other (b) No war pact between the states parties (c) Pact between the parties to stop the war temporarily (d) None of These 12.In the continental Shelf the coastal has: (a) The exclusive right over all resources (b) The exclusive right over its living resources only (c) Has The exclusive right over its non living resources (d) None of These 13.Vienna Convention on Law of Treaties was signed in: (a) 1961 (b) 1969 (c) 1975 (d) None of These 14.Territorial sea of a coastal state is: (a) open for innocent passage of all type of foreign ships (b) open for innocent passage of all except the fishing ships (c) Reserved for vessels of the coastal states only (d) None of These 15.Cabotage is: (a) Part of the Sea prohibited for war activity by law (b) No fly zone , determined by UN during war (c) Intercourse by sea between two ports of the same state (d) None of These 16.Principle of Jus Soli is: (a) Granting nationality on the basis of place of birth (b) Granting nationality on the basis of parentage (c) invalidation of a treaty due to change in circumstances (d) None of These 17.UN Declaration of Human Rights was passed in: (a) 1945 (b) 1948 (December) (c) 1949 (d) None of These

P a g e | 98 Anfal Academy 18.Re Meunier and Re Castioni cases are test cases for: (a) Extradition of military offenders (b) Extradition of political offenders (c) Determining the enemy Status of aliens during war (d) None of These

19.All international Treaties signed by the Us president are subject to ratification by the Us: (a) Senate with 2/3 majority (b) House of Representatives with 2/3 majority (c) Congress with 2/3 majority (d) None of These 20.Prize courts are: (a) International Courts (b) Municipal courts (c) judicial tribunals under UNO (d) None of These (((((((***********************))))))))

(i) Pakistan became the member of UNO in: (a) 1948 (b) 1947 (c) 1950 (d ) None of these (ii) Articles of UN charter are: (a) 115 (b) 111 (c) 120 (d) None of these (iii) Which article of the statute of ICJ deals with the sources of international law? (a) 36 (b) 40 (c) 38 (d) None of these (iv) Secretary General of UNO is from? (a) Russia (b) Holland

P a g e | 99 Anfal Academy (c) Portuguese (António Guterres) (d) None of these (V) Total members of UNO are: (a) 180 (b) 192 (c) 150 (d) None of these (vi) The Headquarter of International court of Justice is at: (a) Geneva (b) Hague (c) New York (d) None of these

(vii) Which article of the 1982 Convention on the Law of the Sea deals with the breadth of territorial sea? (a) 4 (b) 7 (c) 3 (d) None of these (viii) Who is called the father of the law of nations (a) Jeremy Bentham (b) Oppenheim (c) Hugo Grotius (d) None of these (ix) The security Council takes enforcement measures with respect to threats to the peace under chapter: (a) 5 (b) 7 (c) 9 (d) None of these (x) Locarno Pact (1925) concluded between: (a) UK, France , Germany ,Belgium and Italy (b) Russia , USA, China , Canada and Brazil (c) Australia, Newzeland, Portugal, Argentina and Peru (d) None of these (xi) De Jure Belli Ac Pacis (The Law of War and Peace) was written by: (a) Vattel

P a g e | 100 Anfal Academy (b) Bynkershoek (c) Hugo Grotius (d) None of these (xii) The Nuremberg Trial were held at: (a) Holland (b) USSR (c) Germany (d) None of these (xiii) Territorial Waters and Maritime Zones Act ,1976 of Pakistan contains articles: (a) 20 (b) 17 (c) 14 (d) None of these (xiv) "International law is not true law but a positive international Morality" , said (a) John Auston (b) Oppenheim (c) Hagel (d) None of these (xv) The term International Law was first coined by: (a) Hugo Grotius (b) Jeremy Bentham (c) Hagel (d) None of these (xvi) One of the Presidents of USA is called the father of the League of nations: (a) Roosevelt (b) Truman (c) Wilson (d) None of these (xvii) Extradition means: (a) Handing over a diplomat to other state (b) Handing over a spy to other state (c) Handing over a criminal to other state (d) None of these (xviii) Persona non grata means; (a) Ungrateful Diplomat (b) Inefficient Diplomat (c) Undesirable Diplomat

P a g e | 101 Anfal Academy (d) None of these (xix) One of the forcible means of settling of states disputes is : (a) Conciliation (b) Retorsion (c) Arbitration (d) None of these (xx) International Law Commission was established by the General Assembly in pursuance of which article pf UN Charter? (a) 10 (b) 13 (c) 15 (d) None of these

P a g e | 102 Anfal Academy

ANFAL ACADEMY QUETTA LECTURES / TOPICS OUTLINE Lecture/day 1st

2nd

3rd

4th 5th

6th

Topic  Define International Law. Discuss its nature and scope. To what extent it is relevant and effective in the modern times?  The Effectiveness of International Law, The Weakness of International Law, The Juridical Basis of International law, The Future of International law and Material Sources of International Law.  What are the material sources of International Law? Discuss any two of them in detail with necessary examples.  Article 38 of the Statute of International Court of Justice, Primary Sources of International Law, Subsidiary Sources of International Law, International Soft Law  Personality and Statehood in International Law, The Subjects of International Law, Recognition of State and Government in International Law, Recognition of State and Government in National Law.  What do you understand by 'Recognition of States' and 'Recognition of Governments’? Explain fully the distinction between ‘Recognition Dejure’ and ‘Recognition Defacto’.  Define a ‘Treaty’. State how are they concluded and terminated? Explain it in the light of Vienna Convention on the Law of Treaties 1969  The Settlement of International Disputes. Describe various methods of peaceful and amicable settlement of international disputes. Negotiation, Mediation and Good Offices, Inquiry, Settlement by the United Nations, Conciliation, Arbitration, The International Court of Justice.  Critically analyze the powers of the General Assembly and Security Council in the settlement of International Disputes.  To what extent, if at all, are the powers of the Security Council confined to the contents of Chapters VI and VII of the United Nations Charter?

7th

8th

 “Although Security Council has resolved most of the issues relating to threat to International Peace and security but the real problem today is about tis composition”. Discuss.  Explain the various modes of acquiring and losing nationality. What is double Nationality and Statelessness?  Explain the various modes of acquiring and losing NATIONALITY. What is DOUBLE NATIONALITY and STATELESSNESS?  What are Jurisdictional constraints to the right of self-determination in context to Montevideo Convention on the recognition of state.  Discuss the term “State jurisdiction“ with reference to

P a g e | 103 Anfal Academy

9th

Maritime belt Port Foreigners Floating island  Explain the duties of a Sovereign State with special reference to: Not to interfere in the domestic affairs of another state To refrain from use of threat of use force against another state.  Lord Curzon once said, “Frontiers are indeed the razor’s edge on which hang suspended the modern issues of war or peace, of life or death to nations.” Explain in this light the various modes of acquisition of territory by a state.  Discuss various modes of Acquisition of Territorial Sovereignty by the states acknowledged in International Law.

10th 11th 12th 13th 14th

15th

16th

17th 18th 19th Test day

Presentation and Assignments day  How are ‘Prisoners of war’ to be treated under International Law? Explain with reference to various conventions.  Define Diplomatic Envoy. Give a short account of the functions, privileges and immunities of the diplomatic envoys accredited to other states.  Discuss the concept of extradition. Explain main principles of extradition. Discuss also the crimes exempted from extradition  “Whatever the morality of intervention, states have no right under International Law to intervene on the territory of other states in order to prevent alleged crimes against humanity or to uphold human rights norms.” Discuss.  Discuss the extent to which a state can claim jurisdiction over the high seas in war and peace. Is an appropriation by a state of the underwater soil allowed in International Law?  Write short notes on any three of the following in the light of convention on the law of sea 1982 and our maritime zone act of 1976. You must discuss the nature of jurisdiction, right and duties. Internal Waters Continental Shelf Territorial Waters Land-locked State EEZ

Presentation and Assignments day Presentation and Assignments day Presentation and Assignments day