International Law and Human Rights
International Law and Human Rights tests the sources and operation of international obligations, including in Palestine. Candidates should distinguish treaties, custom, general principles and soft law, and know how international law interacts with domestic law.
Core rules
- Sources: treaties, customary international law, general principles, judicial decisions and writings.
- A treaty binds parties on ratification or accession; reservations may limit obligations.
- State responsibility requires attribution, breach and reparation.
- Use of force is prohibited except self-defence or Security Council authorisation.
- IHL governs armed conflict; human rights law continues to apply, with different rules on derogation.
Worked example
Palestine ratifies a human rights treaty and later passes a domestic law that conflicts with it. A court must determine the treaty's status in the domestic order. If the constitution or statute makes treaties directly applicable, the conflicting law may be interpreted consistently; otherwise the state remains internationally responsible. Reasoning: international responsibility is separate from domestic enforceability, so a domestic gap does not excuse breach.
Traps
Confusing IHL with human rights law; ignoring reservations; treating soft law as binding; missing attribution issues.