2601 Flashcards
(25 cards)
immunity ratione materiae
Diplomatic Immunity
proprio motu
Action taken without prompting
sovereign immunity
Crown cannot be charged with crime
terra nullius
Unclaimed land. Can be occupied. Doesn’t really exist anymore (maybe moon/space)
aut dedere aut punier
Obligation to persecute citizens that break international law
Montevideo
Defines what is a state. Customary international law
travaux preparatoires
Official records of negotiation
Chapter VII
UN Charter relating to warfare
instant customary law
UN making rules that instantly fall under “customary” intl law
4th Geneva Convention
1949 Protection of Civilian Persons in Time of War
opinio juris
Act is carried out as a legal obligation
rebus sic stantibus
When a treaty becomes inapplicable due to sudden changes
res communis
Common property (Moon, antartica)
force majeure
irresistible force or unforeseen event beyond the control of a state making it materially impossible to fulfill an international obligation
ius cogens
Ultimate customary law. Fundamental. Cannot be exempted
obligations erga omnes
Obligations to entire intl comm
animus possidendi
Intention to possess something
Kellogg-Briand Pact
1928; War will be last resort
pacta sunt servanda
Duty to fulfill treaties
par in parem non habet imperium
One sovereign cannot exert power over another sovereign
ius in bello
Law covering conduct of war
inter armes silent leges
in the time of war, laws fall mute
Article 15 - Rome Statute
Founds the ICC; Focus on genocide, war crime; crimes against humanity; crimes of aggression
uti possidetis
Newly independent nations should keep their old borders
