Who creates international law?

I see people making comments about America’s involvement in Iraq being ‘against international law’…

I’m curious, what legislative body creates international law, and how is it granted it’s jurisdiction?

I’ve heard of a World Court sitting in The Hague, Netherlands, but I’m not sure how the concept of ‘international law’ is created.

There are treaties, trade agreements, non-aggression pacts, etc. but I’ve never heard of a treaty or agreement of any kind limiting the US’s involvement in Iraq.

People also like to bring up the UN charter. Again, what legal strength does this document hold? Is the US bound by this charter simply by being a member of the UN?

According to Merriam-Webster’s Dictionary of Law : international law is defined as: a body of laws, rules, or legal principles that are based on custom, treaties, and legislation that control or affect the rights and duties of nations in relation to each other, [Dictionary.com Unabridged (v 1.1)]. which nations generally recognize as binding in their conduct towards one another. These bodies of nations make up the League of Nations, which primarily initiates these customs, treaties, and legislation through ratified treaties and conventions among themselves.

International law is directly and strongly influenced, although not made, by the writings of jurists and publicists, by instructions to diplomatic agents, by important conventions even when they are not ratified, and by arbitral awards. The decisions of the International Court of Justice and of certain national courts, such as prize courts, are considered by some theorists to be a part of international law. In many modern states, international law is by custom or statute regarded as part of national (or, as it is usually called, municipal) law. In addition, municipal courts will, if possible, interpret municipal law so as to give effect to international law.

The inadequacy of the League of Nations, particularly after World War I and II, and of such idealistic renunciations of war as the Kellogg-Briand Pact, led to the formation of the United Nations as a body capable of compelling obedience to international law and maintaining peace. After World War II, a notable advance in international law was the definition and punishment of war crimes. Attempts at a general codification of international law, however, proceeded slowly under the International Law Commission established in 1947 by the United Nations.

The nuclear age and the space age have led to new developments in international law. The basis of space law was developed in the 1960s under United Nations auspices. Treaties have been signed mandating the internationalization of outer space (1967) and other celestial bodies (1979).

The 1963 limited test ban treaty (see disarmament, nuclear) prohibited nuclear tests in the atmosphere, in outer space, and underwater. The nuclear nonproliferation treaty (1968) attempted to limit the spread of nuclear weapons. The agreements of the Strategic Arms Limitation Talks, signed by the United States and the USSR in 1972, limited defensive and offensive weapon systems. This was first of many international arms treaties signed between the two nations until the dissolution of the Soviet Union.

Other treaties have covered the internationalization of Antarctica (1959), narcotic interdiction (1961), satellite communications (1963), and terrorism (1973). The Law of the Sea (1983) clarified the status of territorial waters and the exploitation of the seabed. Environmental issues have led to a number of international treaties, including agreements covering fisheries (1958), endangered species (1973), global warming and biodiversity (1992).

Since the signing of the General Agreement on Tariffs and Trade (GATT) in 1947, there have been numerous international trade agreements. The European Union (prior to 1993, the European Community) has made moves toward the establishment of a regional legal system; in 1988 a Court of First Instance was established to serve as a court of original jurisdiction on certain economic matters.

The establishment of the International Criminal Court (2002), with jurisdiction over war crimes, crimes against humanity, and related matters, marked a major step forward in international law despite the United States’ repudiation of the treaty under President George W. Bush.

I included the above explanations to show you that International Law is an evolutionary process to meet changing world needs and challenges.

The United States is a member of the League of Nations. “Comments about America’s involvement in Iraq being ‘against international law’…” means that the majority of nations in the League of Nations did not agree to America’s involvement in Iraq.

Nevertheless, the 2003 invasion of Iraq by a multinational force officially began on March 20, 2003. U.S. President George W. Bush stated that the objective of the invasion was “to disarm Iraq of weapons of mass destruction, to end Saddam Hussein’s support for terrorism, and to free the Iraqi people”.

Prior to the invasion, the United States’ official position was that Iraq was in violation of UN Security Council Resolution 1441 regarding weapons of mass destruction and had to be disarmed by force. The United Kingdom and United States attempted to get a U.N. Security Council resolution authorizing military force, but withdrew it before it could come to a vote after France, Russia, and later China all signaled that they would use their Security Council veto power against any resolution that would include an ultimatum allowing the use of force against Iraq. On March 20, 2003, the invasion of Iraq began.

The United Nations Charter is the treaty which forms and establishes the international organization called The United Nations. While this document is often misconstrued as a constitution it is, in fact, an agreement between states and not a compact among the individual peoples to create a government. It was signed at the United Nations Conference on International Organization in San Francisco on June 26, 1945 by 50 of the 51 original member countries (Poland, the other original member, which was not represented at the Conference, signed it later). It entered into force on October 24, 1945, after being ratified by the five permanent members of the Security Council—the Republic of China (later replaced by People’s Republic of China), France, the Union of Soviet Socialist Republics (later replaced by the Russian Federation), the United Kingdom, and the United States—and a majority of the other signatories.

As a Charter it is a constituent treaty, and all members are bound by its articles. Furthermore, the Charter states that obligations to the United Nations prevail over all other treaty obligations [1]. Most countries in the world have now ratified the Charter. Though one notable exception is the Holy See, which has chosen to remain a permanent observer state and therefore is not a full signatory to the Charter. All nations that belong to The League of Nations, governed by the United Nations Charter are bound by this charter simply be being a member of it.

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