Key Stage 4 citizenship · Rights and law

GCSE citizenship: international law, a guide for parents

International law is the set of rules that states agree to follow in their dealings with each other and with people. At GCSE, teenagers learn where these rules come from, such as treaties and long-standing custom, which bodies interpret them, including the International Court of Justice and the International Criminal Court, and why enforcement is so difficult without a world government. They also practise researching cases and building arguments from evidence.

International law, explained

Domestic law is made by a parliament and enforced by courts and police. International law has no single lawmaker and no world police force, so its sources are different. The main ones are treaties, which are written agreements between states; customary international law, meaning practices that states follow consistently because they feel legally bound to; and general principles accepted by legal systems around the world. Examples that pupils may meet include the UN Charter of 1945, the Genocide Convention of 1948 and the Geneva Conventions of 1949, which protect civilians, the wounded and prisoners in war.

International law covers much more than war. It sets out when a state may use force, how states share the seas and airspace, how ships and aircraft move, how diplomats and embassies are protected, how trade is regulated and how the environment is protected. Human rights treaties are part of it too. Most of this works so routinely that it never makes the news: planes cross borders, post is delivered and ships pass through other countries’ waters because states follow agreed rules.

A key idea is consent. Normally a state is bound by a treaty because it has chosen to sign and ratify it, which is a formal step confirming it will follow the treaty. In the UK, a treaty does not usually become part of everyday law until Parliament passes an Act to give it effect. The UK has to keep the treaties it has ratified in its dealings with other states, but the courts apply the treaty mainly through Acts of Parliament that bring it in. This is part of the study of how international and national law fit together.

Two courts in The Hague are often confused. The International Court of Justice is the main judicial body of the United Nations. It settles disputes between states and gives advice on legal questions, but only states can bring cases and a state must have accepted the Court’s authority first. The International Criminal Court, created by the Rome Statute of 1998 and operating since 2002, is separate from the UN and tries individuals accused of genocide, crimes against humanity, war crimes and the crime of aggression. It acts when national courts cannot or will not, and not every country is a member. Both have forerunners: the Nuremberg trials after the Second World War established that individuals, not just states, can be held responsible, and the Security Council set up special tribunals for the former Yugoslavia and Rwanda in the 1990s.

The big question for pupils is enforcement. The ICJ has no police, and the ICC depends on states to arrest suspects. The Security Council can impose sanctions, but its permanent members can veto action, and powerful states can ignore rulings. Others point out that states usually follow the rules, that breaking them damages a country’s reputation, and that international decisions can be applied through national courts. Pupils are expected to weigh both sides, supported by research, and to avoid sweeping statements.

Words your child will hear

Treaty: A written agreement between states that binds those that sign and ratify it.
Ratify: To formally confirm that a state accepts a treaty and will follow it.
Customary law: Rules that arise from consistent state practice that states believe is legally required.
Jurisdiction: The authority of a court to hear a case, which for international courts depends on what states have accepted.
War crime: A serious breach of the rules of war, such as deliberately attacking civilians.
Genocide: Acts carried out with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group.
Sanction: A penalty, such as a trade ban, used to pressure a state to follow the law.

What the National Curriculum says

The programme of study for Key Stage 4 says:

Pupils should be taught about human rights and international law
Pupils should develop their skills to be able to use a range of research strategies, weigh up evidence, make persuasive arguments and substantiate their conclusions.

Objectives from the National Curriculum in England, © Crown copyright, used under the Open Government Licence v3.0.

Try it: is international law “real” law?

Write a paragraph in response to the statement: “International law is pointless because nobody can enforce it.”

Define the terms. Enforcement could mean courts, police, penalties or pressure. Pointless could mean never obeyed, or simply that it is hard to apply.
Gather evidence that supports the statement. The ICJ needs a state’s consent to hear a case. The ICC has no police force and relies on states to make arrests. A permanent member of the Security Council can veto action, and powerful states may ignore rulings.
Gather evidence against it. States follow many rules in daily life, for example on shipping, aviation and diplomats. International tribunals have convicted political and military leaders. Sanctions and loss of reputation carry real costs, and treaties are often built into national laws.
Separate “hard to enforce” from “pointless”. Weak enforcement is a real problem, but the statement claims much more than that.
Write a conclusion that goes only as far as the evidence does.

Model answer: “International law is harder to enforce than national law because there is no world government or police force, and permanent members of the Security Council can block action. However, it is not pointless. States follow most rules most of the time because they benefit from a predictable system, tribunals have convicted individuals, and breaking the law can bring sanctions and damage to a country’s reputation. A fairer view is that enforcement is uneven and depends heavily on political will, but the rules still shape what states do.”

Common mistakes and how to help

Thinking the International Court of Justice and the International Criminal Court are the same

Both are in The Hague, both have “International” and “Court” in their names, and news reports sometimes blur them.

What helps: Remember the difference: the ICJ settles disputes between states; the ICC puts individuals on trial for the gravest crimes. Ask “who is being judged, a country or a person?”

Assuming the United Nations can arrest people or force countries to obey

Phrases like “the UN has ruled” suggest it works like a national government.

What helps: Explain that the UN relies on its members. The Security Council can authorise measures, but the means come from states, and its own decisions can be vetoed.

Believing a rule that can’t always be enforced isn’t really law

Pupils compare it with police and courts at home, and when an offender escapes it looks as if the law has failed.

What helps: Ask about rules that are broken but still matter, such as speed limits. Weak enforcement makes law less effective, but it does not stop the rule existing or shaping behaviour.

Thinking international law only applies in wartime

Headlines tend to mention it only during conflicts.

What helps: List the everyday areas it governs: sea and airspace, trade, embassies, the environment and human rights. Then ask how daily life would work without them.

How to help at home

Write a family treaty. Draft a short agreement on something like screen time or chores, and have each person sign it. Then ask what happens if someone breaks it and who decides. It shows both the strengths and the limits of rules that rest on consent.
Sort the court. When a story about an international court appears in the news, ask three questions: which court is it, who is being judged, a state or a person, and what is the court able to do afterwards?
Spot invisible rules. On a trip or a flight, point out the rules that cross borders: passports, customs checks, shipping lanes and flight paths. Ask who agreed them and what makes people follow them.
Read about the Nuremberg trials. A library book or a documentary written for teenagers can show how the idea of individual responsibility developed. Discuss why it was seen as a turning point.
Argue both sides. Choose a statement such as “powerful countries should be bound by international law in the same way as small ones”. Ask your teenager to argue for and then against, using specific evidence each time.

Builds on

Key Stage 3: The precious liberties of UK citizens
Key Stage 3: Rights and responsibilities
Key Stage 3: The nature of rules and laws
Key Stage 3: The role of the police
Key Stage 3: Courts and tribunals