75

This is usually left for the historians to sort out. The key point at which something is a "war" is when potentially lethal unprovoked violence is not treated as a criminal matter, but as a military matter. Therefore, in the US civil war, nobody thought of prosecuting the union and confederate soldiers for "murder" even though they ...


74

In a way you are doing word games. International law has developed as customary law. There is no nature-given or God-given definition of sovereignty, it is merely a verbal shortcut to describe a whole raft of concepts which were historically related. France officially accepts that Andorra is not part of France. Spain officially accepts that Andorra is not ...


70

How far applicable the law of a country is is decided by the law of that country. If other countries disagree, they can obviously decline to assist in the enforcement of those laws, and disallow the agents of the first country to act on their territory. There even is precedent that a country outlaws behaviour not related to it at all. For example, German law ...


52

The general philosophy of post-WWII international order is that the inhabitants of a territory are entitled to self-determination. While there are still many political and historical obstacles to the general application of this principle, it is clear that any kind of military conquest contradicts this principle: it is simply not morally acceptable anymore to ...


40

It is quite common for countries to prosecute both actions by and against their nationals as soon as the perpetrator enters their jurisdiction. Some will also prosecute certain crimes by anyone who is presently in their jurisdiction, no matter where they happened. Some key points to take away: For some crimes (a citizen of country A murders a citizen of ...


37

No, China is unlikely to invade any countries which refuses to pay their debt. No, they will do something far worse: They will tell the rating agencies! Every government has a credit rating assigned to it by the three big rating agencies: Standard & Poor's, Fitch and Moody's. These credit ratings are determined by analysts at these companies and serve as ...


36

"Unborn baby" is not a protected characteristic and hence the "unborn" cannot be discriminated against. Many would argue that the "unborn" are not legally persons and as such have no rights that can be violated. Even if the fetus has rights, so does the pregnant person and it is in no way obvious that the fetus's rights override ...


28

The concept of 'civil war' has three necessary attributes: Intention: There must be an explicit effort to enact regime change, either by overthrowing the current state or by carving out a new, sovereign state from the territory the current state claims Structure and organization: The regime change effort must have some degree of military/political ...


27

This reflects similar situations applicable wrt other nations. A person wanted by the US authorities flew on a Canada-Mexico flight across the US. The aircraft was instructed to land en-route in the US and the passenger was removed. Israeli nationals who have any concern that they may be legally detained by countries who have extradition treaties with their &...


20

It seems the Stimson doctrine was interpreted more general than you interpret it. The phrasing there just says 'result of aggression', and Israel clearly used aggression (as in military force) during this war (as did the opposing countries). It might be considered a just war, so Israel is allowed to defend itself. But they still can't conquer new territories....


19

Countries do this all the time. Sometimes, they will claim universal jurisdiction for crimes they consider particularly heinous or crucial to their national security (think Julian Assange). Many jurisdiction will prosecute crimes like defamation based on the victim's location (the perpetrator's might not even be known initially). Some countries get some ...


17

No (modern) international agreement condones wars of aggression. What article 5 of the NATO treaty and article 42 (7) of the TEU establish is an obligation to assist the country being attacked (with many nuances and caveats) and certainly not any obligation to help a country attack another one (even by remaining neutral). There is therefore no conflict of ...


16

It was historically relatively easy to define an international war as there were two countries with clear command chains fighting out combat. While modern asymmetric conflicts convolute the issue, the general idea is still rather easy to see and point out: a foreign military acting as a military in combat. By contrast, it is much harder to apply similarly ...


16

Canada, especially between 1949 and 1982, was in a quite comparable relationship to London, if we don't count practicalities such as independent access to the sea and military strength. Even today, the Queen of Canada reigns from abroad. And yet, Canada is a sovereign country as much as a country can ever be. Notes reflecting remarks by the OP and by ...


15

Since the end of WW2 and the start of decolonization the international community has been quite reluctant on 2 directly related items: Occupation of other countries' territories, i.e. colonization. For example, the fact that the UK is still sitting on Diego Garcia is more might than right. Redrawing of borders. That includes cases where the borders, ...


15

International law generally discourages countries from preventing people to leave, for example article 13 of the Universal Declaration of Human Rights: Everyone has the right to leave any country, including his own, and to return to his country. Or article 12 of the International Covenant on Civil and Political Rights Everyone shall be free to leave any ...


13

The Vienna Convention on Diplomatic Relations govern the rules surrounding embassies and consulates around the world. For your question, Article 12 is the most relevant: The sending State may not, without the prior express consent of the receiving State, establish offices forming part of the mission in localities other than those in which the mission itself ...


13

The US cannot directly regulate foreign companies operating outside the US. The US can indirectly regulate them by punishing US companies that deal with certain foreign companies, or US companies that deal with foreign companies that deal with certain foreign companies. Basically they're saying, "you deal with us or you deal them, make your choice." And ...


12

what would stop Zimbabwe from telling China to jump in a lake withregards to collecting its debt collateral, and refusing to provideChina with either the land it promised or with other concessions pursuant to a debt restructuring? What would be China's options for reacting to such a declaration? Presumably there's some kind of international court that ...


11

This is more of a postscript to Erwan's answer (which I believe is the most pertinent point). As well as moral acceptability, there is the question of practicality. Prior to WWII most countries had enough to worry about trying to feed themselves and develop. Two things happened following WWII that allowed the international community to promote stability (...


11

what would stop Zimbabwe from telling China to jump in a lake with regards to collecting its debt collateral, and refuses to provide China with either the land it promised or with other concessions pursuant to a debt restructuring? In debt-trap diplomacy, I think it's naïve to think that money is simply being loaned out. In practice, the money will be used ...


9

Secret treaties probably still exist. However, they have declined due to the existence of the United Nations. Part of the United Nations' treaty states that: (1) Every treaty and every international agreement entered into by any Member of the United Nations after the present Charter comes into force shall as soon as possible be registered with the ...


9

If you expel someone from your territory, you usually place them on a plane to their home country, at which point they are admitted across the border and officially the other country's problem. Most of the time, it is this simple. However, some countries do not want for example terrorists returned to them. So they will refuse those people at the border by ...


8

It is too early to speculate on how this incident will play out but we don't have to look very far for a historical precedent. In 2018, the Russian consulate in Seattle was closed under rather similar circumstances. Sixty diplomats were accused of spying and given 7 days to leave the country. We don't know their identities but they presumably complied. Had ...


8

Article 5 of the NATO treaty (the article covering mutual defense) covers when a member state is attacked. If a NATO member attacks another state without provocation, Article 5 does not apply.


7

Why not? There is not a whole lot of constraints on that in international law and, in practice, absolutely nothing preventing political leaders in country B and the local justice system from treating this as terrorism. At most they would risk mild condemnation from UN diplomats or perhaps from the country of origin of the perpetrators, if these happen to be ...


7

There are many territorial disputes that are ongoing. At this link is a long list of them. One example: Hans Island claimed by both Canada and Denmark. At the link is a map with a many dash line on the surface of water at a place called Kennedy Channel.


7

That's simply not how international law works. Even when a country's regular military (not a private military contractor) openly defies strong international norms, prosecution is not a likely outcome. Countries are not simply “held liable” in that way. The UN is really best understood as a forum and a facilitator, with key technical functions (through the ...


7

This is a mine field topic. So I am going to be very brief and not get in too deep. There are may reasons why people get abortions, some 'good' some 'bad' (Debating all of which is which, is not for this answer. So I am only going to give one example: Both the mother and child will almost certainly die otherwise) Not having access to (safe) abortions means ...


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