Abstract

This introductory chapter addresses the theory relevant to the arguments on the status of non-governmental organisations (NGOs) presented in this book. The doctrine is not unanimous on the definition of an NGO in International Law, the body of law applicable in times of armed conflicts, the distinction between international and non-international armed conflicts, or the definition and sources of Customary International Law. The International Court of Justice (ICJ) recognised the following rules for having an erga omnes character: the right of self-determination, the prohibition of genocide, of acts of aggression, and rules concerning the basis rights of the human person, including protection from slavery and racial discrimination, the right of peoples to self-determination, and certain obligations under international humanitarian law. The ICJ was keen to specify that the general principles could only be applied at the international level if they were compatible with the essential features and legal institutions of the world community.Keywords: armed conflicts; customary international law; genocide; International Court of Justice (ICJ); international humanitarian law; NGO; racial discrimination

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