This document discusses divisions of international law. It begins by defining public international law, private international law, and supranational law. It then focuses on supranational law, providing definitions and examples. Next, it discusses general principles of public international law and international humanitarian law. It defines international humanitarian law and outlines its origins and traditional branches. Finally, it discusses key rules, coverage, application, and similarities/differences between international humanitarian law and human rights law.

1. Divisions of International
Law
Ehsan Kabir Solicitor

2. INTERNATIONAL LAW
[Generic Sense]
 Public international law - Governs the relationship between states
and international organizations. It includes the following specific
legal field such as the treaty law, law of sea, international criminal
law and the international humanitarian law.
 Private international law, or conflict of laws - Addresses the
questions of (1) in which legal jurisdiction may a case be heard; and
(2) the law concerning which jurisdiction applies to the issues in the
case.
 Supranational law or the law of supranational organizations -
Concerns at present regional agreements where the special
distinguishing quality is that laws of nation states are held
inapplicable when conflicting with a supranational legal system.

3. Supranational law
 Form of international law, based on the limitation of
the rights of sovereign nations between one another.
 Distinguished from public international law: the latter
involves the United Nations, the Geneva conventions,
or the Law of the Sea, because in supranational law,
nations explicitly submit their right to make judicial
decisions to a set of common institutions.

4. Supranational theory
 Normative Supranationalism: The relationships and
hierarchy which exist between community policies and
legal measures on one hand and the competing
policies and legal measures of the Member states on
the other. (The Executive Dimension)
 Decisional Supranationalism: The institutional
framework and decision making by which such
measures are initiated, debated, formulated,
promulgated and finally executed. (The Legislative-
Judicial Dimension)

5. Examples of Supranational Laws
 European Union law - Constitutes "a new legal order of
international law’. In the EC, sovereign nations have pooled their
authority through a system of courts and political institutions. They
have the ability to enforce legal norms against and for member
states and citizens, in a way that public international law does not
 Union of South American Nations - An organization on the South
American continent. It declared in 2004 its intention to establish a
framework akin to the European Union by the end of 2007. It is
envisaged to have its own passport and currency, and limit barriers
to trade.

6. GENERAL PRINCIPLES PUBLIC INTERNATIONAL LAW

7. What is International Law?
Traditional:
 That branch of public law which regulates the
relations of states and of other entities which have
been granted international personality. [Schwarzenberger,
p.1]
Modern:
 That law that deals with the conduct of States and
international organizations, their relations with each
other and, in certain circumstances, their relation with
persons, natural or juridical. [American Third Restatement]

8. Divisions of International Law
 Law of Peace – that which consists of the rules of international law
on the rights and obligations of states in time of peace;
 Law of War [Also referred to as IHL] – that which consists of the
rules of international law on the rights and obligations of states in
time of war; and
 Law of Neutrality – that which consists of the rules of international
law on the rights and obligations of states connected with
neutrality.

9. Traditional Branches of IL
 Jus Gentium – Law of Nations, i.e. law of war, law of
peace, law on neutrality, etc.
 Jus Inter Gentes – Agreements among Nations, i.e.
international agreements, treaties & conventions

10. International Humanitarian Law
 Set of rules which seek, for humanitarian reasons, to
limit the effects of armed conflict.
 It protects persons who are not or are no longer
participating in the hostilities and restricts the means
and methods of warfare.
 Also known as the law of war or the law of armed
conflict.

11.  Jus in bello - law concerning acceptable conduct in war.
 Jus ad bellum - law concerning acceptable justifications to use armed
force.

12. Origins of IHL
 Rooted in the rules of ancient civilizations and religions, i.e. warfare has always
been subject to certain principles and customs.

13. Two Historical Streams of PIL
 The Law of The Hague or the Laws of War Proper
comprised of two conventions and one (1) protocol.
 The Law of Geneva or the International
Humanitarian Law comprising of four (4)
Conventions plus three (3) protocols.
 Both are branches of JUS IN BELLO

14. The Law of the Hague
 The Hague Convention of 1899
 The Hague Convention of 1907
 Geneva Protocol to the Hague Convention
 These laws determines the rights and duties of
belligerents in the conduct of operations and limits the
choice of means in doing harm." In particular, it
concerns itself with the definition of combatants,
establishes rules relating to the means and methods of
warfare, and examines the issue of military objectives.

15. Basic Rules in IHL
 Persons hors de combat and those not taking part in hostilities shall
be protected and treated humanely.
 It is forbidden to kill or injure an enemy who surrenders or who is
hors de combat.
 The wounded and sick shall be cared for and protected by the party
to the conflict which has them in its power. The emblem of the red
cross or the red crescent must be respected as the sign of protection.

16.  Captured combatants and civilians must be protected against
acts of violence and reprisals. They shall have the right to
correspond with their families and to receive relief.
 No one shall be subjected to torture, corporal punishment or
cruel or degrading treatment.
 Parties to a conflict and members of their armed forces do
not have an unlimited choice of methods and means of
warfare.
 Parties to a conflict shall at all times distinguish between the
civilian population and combatants. Attacks shall be directed
solely against military objectives.

17. Coverage of IHL
 Protection of those who are not, or no longer, taking
part in fighting; and
 Restrictions on the means of warfare – in particular
weapons – and the methods of warfare, such as
military tactics.

18. Meaning of Protection under IHL
 International humanitarian law protects those who do
not take part in the fighting, such as civilians and
medical and religious military personnel.
 It also protects those who have ceased to take part,
such as wounded, shipwrecked and sick combatants,
and prisoners of war.

19. International Humanitarian Laws
 Geneva Conventions of 1949 Supplemented by: Additional
Protocols of 1977 relating to the protection of victims of armed
conflicts
 1954 Convention for the Protection of Cultural Property in the Event
of Armed Conflict plus its two protocols:
 1972 Biological Weapons Convention
 1980 Conventional Weapons Convention and its five protocols
 1993 Chemical Weapons Convention
 1997 Ottawa Convention on anti-personnel mines

20. Application of IHL
 Applies only to armed conflict
 Does not cover internal tensions or disturbances such
as isolated acts of violence.
 Applicable only once a conflict has begun, and then
equally to all sides regardless of who started the
fighting.

21. Similarities and Differences: IHL and
Human Rights Law
 International humanitarian law and international human rights law
are two distinct but complementary bodies of law.
 Both seek to protect the individual from arbitrary action and abuse.
 Human rights are inherent to the human being and protect the
individual at all times, in war and in peace.
 International humanitarian law only applies in situations of armed
conflict. Thus, in times of armed conflict international human rights
law and international humanitarian law both apply in a
complementary manner.

22. Thank You