Jus inter gentes

From Wikipedia, the free encyclopedia

Jus inter gentes is the body of treaties, U.N. conventions, and other international agreements. Originally a Roman law concept, under modern law, it is a major part of International law. It is the Law of Nations as described by the United States Constitution, Article I, Section 8, Clause 10. [1] Jus inter gentes, literally, means "law between the peoples".[2]

Jon Rowland, of the Constitution Society, lists several rules of law that make up the jus inter gentes, including:

  1. Not attacking other nations, except in declared wars and similar situations;
  2. Honoring truce, peace treaties, and boundaries;
  3. Protecting wrecked ships and persons thereon;
  4. Prosecuting piracy;
  5. Caring decently for prisoners of war;
  6. Protection of embassies and diplomats;
  7. Honoring extradition treaties;
  8. Prohibiting slavery and trading in slaves. [3]

Rowland also notes that John Foster Dulles pronounced the so-called Dulles Doctrine that treaties and United Nations resolutions can be part of the Law of Nations.[4]

This is not the same as international law, argues Francisco Martin and his co-authors in "International Human Rights and Humanitarian Law" (2006). [5] This is because jus inter gentes includes internationally recognized human rights.

[edit] References

  1. ^ The meaning of "offenses against the laws of nations", by Jon Roland: [1]
  2. ^ These are cognate, in the English language to justice, international, and gentiles, respectively.
  3. ^ See note 1, above.
  4. ^ Same, ibid.
  5. ^ See [2]

[edit] See also

 This legal term article is a stub. You can help Wikipedia by expanding it.