Ius gentium or law of peoples is a concept within international law that includes the ancient Roman legal system and Western laws based on or influenced by it.
The ius gentium is not a legislation or a legal code, rather it is the customary law that all peoples or nations consider common and that entails the reasoned compliance with the norms of international conduct. After the Christianization of the Roman Empire, canon law also contributed to the ius gentium or European law of nations.
The law of peoples or ius gentium is close to natural law, although it is not necessary to assimilate them. For example, there are issues such as slavery that were contemplated in the law of peoples of antiquity and, however, natural law was contrary.
It is proposed as a system of equality when applying the law between nationals and foreigners. In current law there is a differentiation between the privatum ius gentium, which includes private international law; and the publicum ius gentium, which is the normative system that guides relations between different peoples.
Origin
The origin of the ius gentium is found in ancient Rome, as the law of all peoples. Some even equate it to natural law. They referred to the laws that were used to govern the relationships between those who were Roman and those who were not.
These laws were based on principles of justice, independent of the different states. It was decisive to initiate the separation between law and State, which in ancient Rome were very close, implying that there was a higher universal justice.
Thanks to this equal rights of peoples for all peoples, Rome was able to successfully regulate its relations with other peoples, both inside and outside Rome, and establish figures that acted as control of their relations, as happened with contracts.
At that time, the ius gentium was not equal to current international law, although it can be understood as a distant ancestor, since the ius gentium acted as a Roman internal law, not as international law.
Francisco de Vitoria was the one who developed the modern theory of the law of nations, raising the importance of existing rules above the particular ones of each State, rules that are universally valid. This law of nations is compatible with current international law.
Roles in society
Any society must have a clear vision of what its relationship is with other societies and what its behavior should be towards them. Coexistence between States is inevitable and it is not possible to maintain an isolated society that is not related to its environment.
For this reason, it is important to establish principles and ideals of conduct that serve as a guide in relations with other peoples.
The law of nations is an essential tool to avoid conflicts between States and resolve existing ones without one of the parties feeling that only local legislation is being applied.
International relations are complex and even more so if we take into account the different regulations applicable in each State; hence the importance of the law of nations as a regulatory and conflict resolution function.
It is a superior right that is based on universal principles and equity, which makes it very appropriate to avoid or resolve conflicts between States.
Crimes against the law of nations
The definition of crimes against the rights of nations safeguard interests that are above the State and that originate in international solidarity, protecting universal principles and rights.
What this regulation tries to protect is international coexistence, relations between countries and the international community itself.
Regulation
Within the Spanish Penal Code there is a First Chapter that includes crimes against the law of nations within the section that talks about crimes against the international community.
Article 605: «1. Anyone who kills the head of a foreign State, or another person internationally protected by a treaty, who is in Spain, will be punished with the permanent penalty of reviewable prison.
2. Anyone who causes injuries of those provided for in article 149 to the persons mentioned in the previous section, will be punished with the penalty of imprisonment of fifteen to twenty years. If it were any of the injuries provided for in article 150, it will be punishable by imprisonment from eight to fifteen years, and from four to eight years if it were any other injury.
3. Any other crime committed against the persons mentioned in the preceding numbers, or against the official premises, the private residence or the means of transport of said persons, will be punished with the penalties established in this Code for the respective crimes, in half. higher".
According to what is stated in this article of the Penal Code, crimes against the law of nations are those that threaten the physical integrity (from injuries to death) of heads of State or internationally protected persons (persons belonging to diplomatic corps).
Damages to official homes or vehicles of these people are also considered crimes against the law of nations.
References
- Jeremy Waldrom. Foreign Law and the Modern Ius Gentium. trinititure.com
- Wiley online library. Ius Gentium. Onlinelibrary.wiley.com
- John Rawls. The law of nations. Harvard university. Cambridge
- IE University. Crime against the law of nations. News.juridicas.com
- Legal balcony. Crime against the law of nations. saanosserbalconlegal.es