1

As far as I understand there are certain laws that compose a body of law called International Law. These laws arise from treaties and political bodies.

To provide an answer on this network aside from other controversial questions of politics and law when people make statements like the following,

And of course, there is no such thing as a "banned weapon". There are treaties that state signatory states aren't supposed to use certain weapons, but those are only valid if the country is a signatory and has ratified that treaty.jwenting

And this,

Has Israel ratified any treaties which ban the use of DIME, AP bombs or WP? If not, then there's no "international law" for them to follow. BOTTOM LINE: the term "international law" is highly misleading. [...] - RonJohn

And this,

Well, you keep using the phrase international law, like it's a thing. If it's not the UN, then it is de-facto some random group of countries, and if Israel isn't a party to that group, it doesn't apply. If the UN (or some UN org) has actually made a law which is supposed to apply to all member nations outlawing DIME, AP and WP, then maybe Israel is beholden to follow it. My suspicion is there are no such "international laws". – CGCampbell

Is specifically the part in bold correct or not? It is my understanding that those that ratify these treaties do not merely accept them on behalf of themselves, but accept the responsibility to impose the law against others regardless of acceptance.

Would someone that has not ratified the Geneva Convention be immune to charges that the convention describes?

4

Law, as such, is not a moral or a philosophical construct. It can be based on moral constructs and often it is. And, of course, the process of writing laws is often informed by philosophy. But law as such is neither one of those.

Law is a set of behaviors which are known to be acceptable to the powers "that be." This maybe an unsettling idea. But it is true nonetheless.

The phrase that summarizes this is "any law is only as good as its enforcement mechanism."

What makes it seem untrue is that in the modern tradition laws are written down. And, when there is a need to resolve doubt as to whether something is illegal or not, they are carefully considered through a deductive process.

Within countries, there is little question who "the powers that be" happen to be. But when it comes to laws governing actions between nations, it is more complicated. Yes, treaties make it clear, ahead of time, what types of expectations exist.

Predictability (even in war) allows for long-term planning. And even laws of war are usually followed because wars are fought with the expectation that at some point they will end. And predictability allows to set end-goal conditions. Notably, entities which have no clear end-goals in sight are the ones least likely to follow any laws.

The idea of any group of countries sitting in court of another group of countries is mostly a political theater. There is no possibility of predictable outcomes from entities which have not made commitments to those outcomes. So whether some countries have to follow "laws" set out for them by other countries (or non-government entities) is largely a result of those countries or entities being in positions of power to dictate their will.

This is not the same as international laws being strictly de facto. Agreed-upon restrictions and restrictions which have been dictated from the top-down, by those with more power, are de jure because they create predictable boundaries on behavior. De facto restrictions are the ones which have come to be the case without any prior agreement or fiat.

4
  • I like this answer except for the last paragraph. The bulk of international law is customs and traditions, not treaties. And they are arguably more important.
    – Dale M
    Jun 4 at 22:56
  • @DaleM do you mean that they are not written out anywhere or more along the lines that they are followed as a matter of voluntary compliance based on common understandings of what the expectations are? Most of the confusion seems to come from people believing that there are adjudicating forums to resolve any and all international law disputes.
    – grovkin
    Jun 5 at 5:03
  • both. Also, there “are” forums in some domains - international arbitration, the ICC, the WTO, international court of arbitration for sport but these have to be voluntarily committed to, usually as a condition of getting other benefits.
    – Dale M
    Jun 5 at 5:33
  • I did say that it's not strictly de facto. So that left some room for certain understandings being common place and not spelled out. Anything that is subject to adjudication though is also subject to the charter of the adjudicating forum. Which makes it de jure. ICC is actually an interesting edge case bc it tries to assert jurisdiction over areas where it clearly doesn't have jurisdiction despite its charter claiming otherwise.
    – grovkin
    Jun 5 at 13:32

Your Answer

By clicking “Post Your Answer”, you agree to our terms of service, privacy policy and cookie policy

Not the answer you're looking for? Browse other questions tagged or ask your own question.