Introduction to International Law & Human Rights

International Human rights law is broadly a sub-division of public international law.
In public international law there has recently been discussion of the ‘fragmentation’ of international law into various specialisms, such as international human rights law, international environmental law, international humanitarian law and the international law on the use of force.These labels do not refer to a completely separate area of law. Each of these ‘specialisms’ is part of public international law as a system .
Human rights law is not just ‘international’; it is a part of domestic law as well.
‘Human rights law’ is thus not a straightforward term but one that has one meaning for academic study and a slightly different meaning when it comes to practice.
In practice, the term may be an amalgam (a blend) of general international law, a specific treaty, the relationship between international law and domestic law in that country, and the provisions of domestic law relating to the issue at hand.
A brief history of International Law:
· Breaking down of ‘international’ which means law between the nations.
· The entities/states of course had to interact with other states be it for trade or conflict, and thus some basic rules had to be established.
· States often came in conflict with each other and rules were required to regulate behaviour and conduct.
· Whatever states agree between themselves, was what became international law.
· Modern International law stems from the consequences of European history and associated political developments.
· Central to its development, is the Treaty of Westphalia (1648) also known as Peace of Westphalia. This was one of a series of treaties agreed at the end of the religious wars in Europe and it created a network of sovereign states with formal equal standing.
· International law, in this form, was born out of a need for states to cooperate with each other.
· Globalisation, as we now experience it has led to a proliferation of rules that are the product of international law.
· International law in its classic ‘European form’ is a reflection of the culture and values of the European States.
· The state system we now have is based on the European model of statehood, as it is European powers that colonised all of the globe.
· Post-colonial states have emerged from their colonial experience, replicating the European model of statehood.
· International law has also slowly started to recognise participants that went beyond states.
· The number of states has increased exponentially since the latter half of the 10th century. This can be seen in membership of the UN.
· The end of the Cold War (1989-90) has led to some new issues and tensions arising in geopolitics. For example, events in Syria since 2011 highlight many differing tensions between Russian interests and other states.
· The presence of militant forms of Islamic extremism, tensions between rival Muslim states and issues concerning the use of force all coincide.
· International law is currently undergoing a period of change but it is worth bearing in mind that normative change in international law occurs due to the existence of crisis.
What is International Law?
· To understand what international human rights law is, it is important to understand international law.
· International law is a horizontal legal system, with states and very few other legal persons as the participants.
· States are all formally and legally equal, even though there is enormous disparity in their power, influence and wealth.
· This is in contrast with domestic legal systems, which are vertical as states exist in a vertically superior position to individuals in their internal legal relationship.
· International law is primarily but not entirely consensual in nature.
· The issue of consent means that the matter in which the law is enforced will also differ from that in a domestic legal system.
· In domestic legal systems, we have legal forces like the ‘police’ for the enforcement of laws and to uphold the law and courts to enforce the law by punishing those who transgress it. This only applies to domestic criminal law.
· A better analogy that relates with international law is contract or tort where there are courts but nothing like a ‘international police force’
· The International Court of Justice (ICJ) based at The Hague, does act as a world court of sorts but is not a compulsory court as such.
· The Court was originally established in the aftermath of the First World War and in its current incarnation it has been established by the Charter of the UN, with the Statute of the Court an integral part of the Charter.

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