LawState and Law

International law is the main instrument for the protection of human rights

International law is a field of jurisprudence that traditionally covered the sphere of relations between states. However, now it extends to the relations between different countries, as well as to those who are their citizens. Moreover, it even applies to the relationship between individuals. It depends on the areas in which the agreements are concluded, according to which the agreement operates, for example: maritime, diplomatic, environmental, human rights and so on. As a rule, states are guided by a principle called "general international law". This concept includes customs and practices, as well as universal norms recognized by civilized nations as a law. There are also legal judgments and theories of the most qualified experts in this field. These principles apply to all states, even to those that are not members of agreements, where these rules are contained.

Customary international law

It is the source of all treaties between countries, as well as covenants and conventions. It consists of international rules, taken from the practice of different states and considered as a law (opinio juris). Countries all over the world create this right by their actions or reactions to the actions of others. How does this happen? When they evaluate any actions as legitimate or not, they themselves develop customary international law. This happens even when in practice governments and countries themselves violate these rules. For example, the prohibition of torture. Everyone knows that people torture and knock out testimonies from them in different countries. But the very fact that there is not a single state where such behavior would be legitimate supports the legal force of this prohibition. Some norms of general international law are so important that no country can evade them nor limit their effect under any circumstances. These standards are known as jus cogens and are found in the Vienna Convention on Contracts.

Modern international law in the field of human rights

This sphere of world legislation concerns the protection of the freedoms and dignity of all people: women, children and men. It obliges states to respect and protect human rights, as well as to provide them in practice. Traditionally, this area of international treaties was considered only in a rather narrow context. It was believed that it was about protecting the individual from the encroachments of the state. However, it was recently acknowledged that the government has the duty to intervene if individuals act in a way that could violate the rights of others. What is the basis of its action? The source of this form of international law are treaties, for example, various UN Conventions and authoritative interpretation of such agreements.

International humanitarian law

Known as the "laws of war", it is applied to the situation of external and internal armed conflict. It defines the standards of conduct for combatants (active combatants) and their leaders. In a broader sense, it restricts the methods and methods of warfare, as well as protects the sick, wounded, prisoners, civilians. Some actions international humanitarian law prohibits. Their violation is a war crime.

Currently, international criminal law is developing . It operates both in contractual relations and in the field of customs and helps to attract the most violent human rights violators to justice. It is a good model for reforming national legislation

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