Public International Law

Public international law deals with the structure and conduct of states and intergovernmental organizations. Public international law may also affect multinational corporations and individuals. Public international law has increased in use and importance tremendously during the 20th century due to increase in global trade, armed conflict, environmental deterioration, human rights violations, international transportation, and a boom in global communications. Within public international law, there are two main branches. These are the law of nations and international agreements and conventions. In public international law, the framework and criteria for acknowledging states as the main actors in a legal system that goes beyond borders is established. These laws delve into areas such as acquisition of territory, state immunity, and the interaction between states and international laws. Public international law also has jurisdiction over matters such as group rights, the treatment of aliens, the rights of refugees, international crimes, nationality problems, and human rights.

Furthermore, public international law also covers grounds such as global environment, the global commons such as international waters, outer space, global communications, and world trade. Within public international law, all states are sovereign thus considered equal.
Public international law has a great deal of grey areas as there is no established legal and judicial system for the mediation of disputes, nor is there a strict penal code it is a difficult task for lawyers to carry out their tasks. Initially, states and the Holy See were the main subjects of international law. However, with the increase in international organizations over the last century, international human rights law, international humanitarian law, and international trade laws have also made its way into public international law.

In public international law, there has been a history of tension between sovereign states and the law. Majority of people view the state as the final say in international affairs and they should be given the right to voluntarily enter into treaties of international law while also being able to maintain the right of seeking and following their own counsel. Furthermore, each nation has its own interpretations on laws based on their customs, traditions, and political situations. The final say in these matters belong to the courts who will decide what the laws mean, and in certain cases where the courts do not have a say, it is the responsibility of the states to interpret the law for themselves.

Since international law exists in a legal environment without an overarching state, some ignore certain aspects of public international law, therefore it is difficult to enforce anything. In the United Nations, there has been a movement called “Uniting for Peace” and it is a resolution that called for nation states to agree to public international law and do their level best to adhere to the guidelines.
Public international law is extremely important, therefore many aspects have been taken from it and have manifested itself in the form of customary law, and other laws that the International Court of Justice upholds.

Customary International Law

Customary international laws are the aspects of international law that derive from custom. Customary international law is a marriage between general principles of law, treaties and custom which is considered by the International Court of Justice, jurists, the United Nations, its members countries are the main sources for international law. Laws regarding war were an issue of customary international laws before it was codified during the Hague Conventions and the Geneva Conventions. Most world government accept customary international law, in principle if not in theory. However, there is a great deal of dissention regarding what customary international law is comprised of.

In the Statue of the International Court of Justice, the existence of customary international law is agreed upon and it has been incorporated into the United Nations Charter. Customary international laws are agreed upon with widespread repetition by states of similar international acts over time, acts must also occur out of a sense of obligation, and lastly acts must be taken by a majority of states.
Customary international law is comprised of rules of law that come from the the consistent conduct of states, therefore other than generally accepted principles of law, customary international law also gives some weight to precedents. Customary international law is the practice recognized by the United Nations’ primary judicial body the International Court of Justice, therefore must be upheld in all parts of the world.

Customary international law also takes into account the idea of a peremptory norm which is a rule of international law or principle which is generally acknowledged by a large number of people and typically considered binding by the international community. The basic norms under this type of customary international law usually include regulations on the use of force, crimes against humanity, war crimes, piracy, genocide, and slavery.

A large basis for customary international law was the Universal Declaration of Human Rights. While the UDHR is not always considered a legal document, it has a great deal of influence on customary international law which is something that member states of the United Nations must abide by. Furthermore, resolutions passed by the General Assembly, pending approval from the permanent members of the Security Council, can also be incorporated into customary international law.

Customary international law is a very important concept as it is the guidelines that are followed by the International Court of Justice and member states are held to these laws. These set of laws are essentially the laws of the world and despite any disagreements surrounding laws, it is absolutely to have laws that transcend borders as there are crimes that occur which cannot be tried in national courts or are committed by officials who in many poorly constructed and corrupt governments find themselves to be invincible.

Amnesty International

Amnesty International is a premier non governmental organization that pioneers for human rights. Amnesty International’s mission is to “conduct research and generate action to prevent and end the grave abuses of human rights and to demand justice for those whose rights have been violated.” Amnesty International was founded in London, England in 1961 by English lawyer, Peter Benenson. Amnesty International came into being when he read of two Pourtuguese students who had been sentenced to seven years in prison for a drunken toast to liberty. Peter Benenson wrote a famous newspaper article which became known throughout the world and his quest soon became an international appeal of human rights. Soon his efforts coupled with other acts became to be known as Amnesty International, and their work for human rights has been resonated throughout the world. By the mid 1960s Amnesty International had a global presence and had an International Secretariat as well as an International Executive Committee. Their presence is human rights advocacy was so well known that it was awarded consultative status by the United Nations, Council of Europe, and UNESCO.

Amnesty International now campaigns for human rights for prisoners as well as others around the world. In volatile areas such as Sierra Leone, Darfur, as well as the Middle East, Amnesty International works for better conditions for those who are suffering. There are five main areas that Amnesty International is most involved with, those being: women’s rights, children’s rights, ending torture and execution, rights of refugees and rights of prisoners of conscience. Within human rights, Amnesty International has certain specific goals such as “abolishing the death penalty, end extra judicial executions and “disappearances”, ensure prison conditions meet international human rights standards, ensure prompt and fair trial for all political prisoners, ensure free education to all children worldwide, decriminalize abortion, fight impunity from systems of justice, end the recruitment and use of child soldiers, free all prisoners of conscience, promote economic, social, and cultural rights for all marginalized communities, protect human rights defenders, promote religious tolerance, stop torture and ill treatment, stop unlawful killings in armed conflict, and to uphold the rights of refugees, migrants, and asylum seekers.”

In order to fulfill these goals and be successful in their campaign for human rights, Amnesty International has several strategic techniques used to publicize information and influence public opinion. Amnesty International releases annual reports that are valid and unbiased; they count this among their strengths. Their ability to use the power of media to their advantage by ensuring proper media coverage of all their activities, constant up to date information, worldwide campaigns, direct contact with country officials, and a great deal of perseverance Amnesty International has managed become a leading organization in the quest for human rights.