(C) Kapok Tree Diplomacy. 2011. All rights reserved. Jeff Dwiggins. FREE CONTENT
Customary international law (IL) derives from a “combination of ‘state practice’ and opinio juris, the belief that a certain type of conduct under IL is an obligation (Byers 4). According to Byers, new rules require “widespread support” before they become part of customary IL (4). Cerone adds that the Martens Clause of the Hague Conventions binds 
“belligerents to remain under the protection and the rule of the principles of the law of nations” until such time as custom becomes statutory in some form or fashion (qtd. in Mertus & Helsing 219-220). Thus, custom serves as a “gap-filling” measure that universally binds all states and may apply to scenarios where IL has not yet been formalized into statutes (Mertus & Helsing 220). Read more
International and Regional Mechanisms for Holding Human Rights Offenders Accountable
“International and Regional Mechanisms for Holding Human Rights Offenders Accountable” by Kapok Tree Diplomacy
PREVIEW [Includes Table of Contents] Full essay is 2,825 words. 10 pages double-spaced. 12 references
Section One – United Nations Charter-Based and Treaty-Based Bodies
Charter-Based Institutions. These institutions include the UN General Assembly (GA), the UN Security Council (UNSC), the International Court of Justice (ICJ), the Human Rights Council (HRC), and other authorized bodies created by them such as the Commission on the Status of Women (CSW) (Steiner, Alston & Goodman (SAG) 737). “The single most important contribution made by the Charter-based bodies … has been through the elaboration of an ever-growing body of standards designed to flesh out … the norms enunciated in the Universal Declaration” (SAG 742). Each institution differs in its accountability processes. Read more
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