International Law
Treaties, customary international law, humanitarian law, state immunity, and diplomatic privilege.
Introduction
International law governs relations between states. The UK is a dualist state — treaties require an Act of Parliament for domestic effect. Customary international law is part of the common law. Key areas include state immunity, diplomatic privilege, and the Geneva Conventions.
Core Principles
Dualism — Treaties require statutory incorporation (e.g., HRA 1998 incorporating the ECHR).
Customary International Law — Part of common law unless inconsistent with statute.
State Immunity — Foreign states are generally immune from UK jurisdiction (State Immunity Act 1978).
Diplomatic Immunity — Diplomatic agents are immune (Diplomatic Privileges Act 1964).
Geneva Conventions — Protect civilians and combatants in armed conflict (Geneva Conventions Act 1957).
International Criminal Court — ICC Act 2001 creates domestic offences of genocide, crimes against humanity, and war crimes.
Key Statutes
State Immunity Act 1978
International Criminal Court Act 2001
Common Scenarios
Foreign embassy refuses to pay employees
State immunity generally protects embassies, but SIA 1978 s.4 provides an exception for employment contracts with UK nationals/residents.