International Law Basics: Key Concepts and Their Application in Global Conflicts

International law plays a critical role in regulating relations between states, international organisations, and, increasingly, non-state actors. In a world marked by armed conflicts, humanitarian crises, territorial disputes, and global security challenges, international law provides the legal framework through which the international community seeks to maintain order, protect human rights, and resolve disputes peacefully.

This article introduces the basic concepts of international law and explains how these principles are applied in the context of global conflicts, offering clarity on how law operates beyond national borders.

What Is International Law?

International law is a body of rules, principles, and norms that govern the conduct of states and other international actors. Unlike domestic law, which is enforced by a central authority, international law relies largely on state consent, reciprocity, and international institutions for its effectiveness.

The primary subjects of international law include:

• Sovereign states

• International organisations (e.g., United Nations)

• Individuals (in limited contexts, such as international criminal law)

International law seeks to promote:

• Peace and security

• Respect for sovereignty

• Protection of human rights

• Cooperation among states

Sources of International Law

The sources of international law are traditionally identified under Article 38 of the Statute of the International Court of Justice (ICJ):

1. International Treaties

Treaties are written agreements between states that create binding legal obligations. Examples include:

• The United Nations Charter

• Geneva Conventions

• Human rights treaties

In global conflicts, treaties often determine permissible conduct during war and peace.

2. Customary International Law

Customary law arises from:

• Consistent state practice

• Acceptance of that practice as law (opinio juris)

Even states that are not party to certain treaties may still be bound by customary international law, particularly in relation to humanitarian norms.

3. General Principles of Law

These are principles common to major legal systems, such as:

• Good faith

• Equity

• Responsibility for wrongful acts

4. Judicial Decisions and Scholarly Writings

While not primary sources, court decisions and academic writings help interpret and develop international law.

Key Concepts of International Law

1. State Sovereignty

State sovereignty is a foundational principle of international law. It refers to a state’s authority to govern its territory without external interference.

In global conflicts, sovereignty:

• Protects states from unlawful intervention

• Limits the use of force by other states

However, sovereignty is not absolute and may be restricted under international law, particularly in cases involving human rights violations or threats to international peace.

2. Use of Force and Self-Defence

The UN Charter prohibits the use of force by states against the territorial integrity or political independence of other states. There are two primary exceptions:

• Self-defence against an armed attack

• Authorisation by the UN Security Council

In modern conflicts, disputes often arise over what constitutes an “armed attack” and whether pre-emptive or collective self-defence is lawful.

3. International Humanitarian Law (IHL)

International humanitarian law, also known as the law of armed conflict, regulates conduct during war. Its key objectives are:

• Protecting civilians and non-combatants

• Limiting means and methods of warfare

Core principles of IHL include:

• Distinction between civilians and combatants

• Proportionality in attacks

• Military necessity

The Geneva Conventions and their Additional Protocols are central to IHL and apply in both international and non-international armed conflicts.

4. Human Rights Law

International human rights law protects individuals from abuses by states, both in peace and, to some extent, during armed conflict.

Key rights include:

• Right to life

• Prohibition of torture

• Right to fair trial

In global conflicts, human rights law operates alongside IHL, raising complex legal questions about detention, targeted killings, and emergency powers.

5. Responsibility of States

Under international law, states are responsible for internationally wrongful acts, including:

• Violations of treaties

• Breaches of customary law

If a state violates international law during a conflict, it may be required to:

• Cease the wrongful act

• Provide reparations

• Face international sanctions or legal proceedings

6. Individual Criminal Responsibility

Modern international law recognises that individuals not just states can be held accountable for serious international crimes, such as:

• War crimes

• Crimes against humanity

• Genocide

International criminal tribunals and the International Criminal Court (ICC) play a crucial role in enforcing accountability in global conflicts.

Application of International Law in Global Conflicts

1. Armed Conflicts Between States

In conflicts between states, international law governs:

• Lawful use of force

• Conduct of hostilities

• Treatment of prisoners of war

Violations of these rules can result in international condemnation, sanctions, and legal proceedings.

2. Non-International Armed Conflicts

Many modern conflicts involve non-state armed groups. International law applies through:

• Common Article 3 of the Geneva Conventions

• Customary international humanitarian law

These rules aim to ensure minimum standards of humanity even in internal conflicts.

3. Humanitarian Intervention and Responsibility to Protect (R2P)

The doctrine of Responsibility to Protect reflects the idea that when a state fails to protect its population from mass atrocities, the international community may intervene collectively.

While R2P is controversial, it highlights the tension between:

• State sovereignty

• Protection of human rights

4. Peacekeeping and Conflict Resolution

International law also governs:

• UN peacekeeping operations

• Ceasefire agreements

• Peace treaties

Legal frameworks help ensure neutrality, consent, and accountability in peacekeeping missions.

Challenges in Enforcement

Despite its importance, international law faces several challenges in global conflicts:

• Lack of a central enforcement authority

• Political influence over international institutions

• Selective compliance by powerful states

• Difficulty in prosecuting individuals across borders

These challenges often result in uneven application of international law.

The Role of International Institutions

Institutions such as:

• United Nations

• International Court of Justice

• International Criminal Court

play a vital role in interpreting, applying, and enforcing international law. While their powers are limited, they provide forums for accountability and dispute resolution.

Conclusion

International law forms the backbone of the global legal order, especially during times of conflict. Through principles such as sovereignty, prohibition of force, humanitarian protection, and accountability, it seeks to balance state interests with the protection of human dignity. While enforcement remains imperfect, international law continues to shape state behaviour, influence global diplomacy, and provide legal standards for evaluating conduct in global conflicts.

Understanding these basic concepts is essential for students, practitioners, and global citizens alike, as international law remains a crucial tool for managing conflict and striving toward a more orderly and just international system.