Cecily Zamora
International law, also known as public international law, global law, or the law of nations, is a set of rules, norms, legal customs, and standards that guide the behaviour of states and other actors in their mutual relations. The United Nations (UN) plays a crucial role in the development and application of international law. The UN Charter, which is considered an international treaty, codifies the major principles of international relations, including the sovereign equality of states and the prohibition of the use of force. While the UN itself cannot directly enforce international laws, it promotes the development and codification of international law through its various bodies, such as the General Assembly, the Security Council, and the International Law Commission. The UN also facilitates the creation of multilateral treaties, with over 500 deposited with the Secretary-General, covering a wide range of issues, including human rights, disarmament, the environment, and international crime.
| Characteristics | Values |
|---|---|
| Nature of international law | A set of rules, norms, legal customs and standards that states and other actors feel an obligation to obey in their mutual relations |
| Basis of international law | Conventions, treaties and standards |
| Basis of law governing relations among nations | Treaties brought about by the United Nations |
| UN Charter | Calls on the Organization to help in the settlement of international disputes by peaceful means, including arbitration and judicial settlement (Article 33), and to encourage the progressive development of international law and its codification (Article 13) |
| Treaties | Binding agreements between nations that govern the rights and obligations of participating countries |
| Treaty development | Developed by specialized agencies of the United Nations, such as the International Labour Organization (ILO), the International Maritime Organization (IMO), and the International Civil Aviation Organization (ICAO) |
| Treaty approval | Requires a concrete act by the state expressing its willingness to undertake the legal rights and obligations contained in the treaty |
| Treaty status | Considered a law that has a higher status than national laws |
| Role of UN | Development of, and respect for, international law has been a key part of the work of the United Nations since it was founded |
| Role of General Assembly | Composed of representatives from each UN Member State and is the main deliberative body on matters relating to international law |
| Role of Security Council | Can refer certain situations to the Prosecutor of the International Criminal Court (ICC) if it appears international crimes have been committed |
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What You'll Learn
The United Nations Charter and international law
The United Nations Charter is the foundational treaty of the United Nations, outlining its purposes, governing structure, and overall framework. It is an international treaty that serves as an instrument of international law, with its rules and obligations binding on all UN members. The Charter consists of a preamble and 111 articles organised into 19 chapters.
The first part of the preamble contains a general call for the maintenance of peace and international security and respect for human rights. Chapter I further sets forth the purposes of the United Nations, including the maintenance of international peace and security, while Chapter II defines the criteria for membership. Chapters III-XV, the bulk of the document, describe the six principal organs and their respective powers: the Secretariat, the General Assembly, the Security Council, the Economic and Social Council, the International Court of Justice, and the Trusteeship Council. Chapters XVI and XVII describe arrangements for integrating the UN with established international law, and Chapters XVIII and XIX provide for amendment and ratification of the Charter.
The UN Charter specifically calls on the organisation to help settle international disputes through peaceful means, such as arbitration and judicial settlement, and to encourage the progressive development of international law and its codification. The Charter also mandates the UN and its member states to uphold international law, achieve higher standards of living for their citizens, address various economic, social, and health problems, and promote universal respect for human rights and fundamental freedoms.
International law is enshrined in conventions, treaties, and standards, with many of the treaties brought about by the UN forming the basis of the law governing relations among nations. Treaties are binding agreements between nations that govern the rights and obligations of participating countries. The UN has facilitated the creation of over 560 multilateral treaties, covering a broad range of subjects, including human rights, disarmament, and environmental protection. While the UN cannot directly enforce international laws, treaties, and the possibility of economic sanctions, create strong incentives for nations to abide by them.
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Treaties and agreements
Treaties are binding agreements between nations that govern the rights and obligations of participating countries. They are written agreements between sovereign states or between states and international organisations, governed by international law. Treaties are one of the four principal sources of international law, as outlined in Article 38 of the Statute of the International Court of Justice. The other sources are customary law, general principles of law, and judicial decisions/scholarly articles. Treaties generally cannot conflict with the domestic law of participating nations.
The United Nations has facilitated the development of a body of international law, which is central to promoting economic and social development, as well as advancing international peace and security. The UN Charter specifically calls on the organisation to help settle international disputes peacefully and to encourage the progressive development of international law and its codification. Treaties brought about by the UN form the basis of the law that governs relations among nations.
The UN General Assembly, composed of representatives from each UN member state, is the main deliberative body on matters relating to international law. It has adopted several multilateral treaties, including the Convention on the Prevention and Punishment of the Crime of Genocide (1948), the International Convention on the Elimination of All Forms of Racial Discrimination (1965), and the Convention on the Elimination of All Forms of Discrimination Against Women (1979). Over 560 multilateral treaties have been deposited with the UN Secretary-General, covering a broad range of subjects such as human rights, disarmament, and environmental protection.
The Geneva Conventions of 1949 are among the most important treaties, enshrining the principle that wars have limits and bringing protection to persons not participating in hostilities. Treaties can also be used to address specific issues, such as the 1796 Treaty with Tripoli, which protected American citizens from kidnapping and ransom by pirates in the Mediterranean Sea.
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International Criminal Court (ICC)
International law operates based on the consent of participating nations, as no governing body exists to enforce international agreements. The United Nations (UN) plays a crucial role in the development and advancement of international law, which is enshrined in conventions, treaties, and standards. The UN Charter specifically mandates the organisation to encourage the progressive development of international law and its codification.
The International Criminal Court (ICC) is a tribunal that investigates and tries individuals charged with the gravest crimes of international concern. These include genocide, war crimes, crimes against humanity, and the crime of aggression. The ICC is legally and functionally independent of the UN and is governed by the international treaty known as the Rome Statute. The Assembly of States Parties, composed of representatives from states that have ratified or acceded to the Rome Statute, serves as the Court's management oversight and legislative body.
The establishment of the ICC was a lengthy process. The UN General Assembly, the main deliberative body on international law matters, played a pivotal role. In 1992, the Assembly directed the International Law Commission to prepare a draft statute for the Court. The Ad Hoc Committee on the Establishment of an International Criminal Court was then established to consider substantive issues in the draft statute. After the Committee's report was reviewed, the General Assembly created the Preparatory Committee on the Establishment of the ICC to prepare a consolidated draft text.
From 1996 to 1998, the Preparatory Committee held six sessions at UN headquarters in New York City, with input from NGOs under the Coalition for the International Criminal Court (CICC). In 1998, the Bureau and coordinators of the Preparatory Committee met in the Netherlands to finalise the draft articles. The General Assembly convened a conference in Rome in June 1998, which culminated in the adoption of the Rome Statute on 17 July 1998 by a vote of 120 to seven, with 21 abstentions. The Rome Statute entered into force on 1 July 2002, formally establishing the ICC.
The ICC has four principal organs: the Presidency, the Judicial Divisions, the Office of the Prosecutor, and the Registry. The Judicial Division, composed of eighteen judges, hears cases before the Court. The Court has established an independent Office of Public Counsel for the Defence (OPCD) to ensure "equality of arms" between defence and prosecution teams. Additionally, the Statute grants victims a series of rights, allowing them to present their views and observations before the Court for the first time in international criminal justice history.
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International Court of Justice (ICJ)
The International Court of Justice (ICJ), also known as the World Court, is the principal judicial organ of the United Nations (UN) and is headquartered in The Hague, Netherlands. It is the only international court that adjudicates disputes between nations and provides advisory opinions on international legal issues. The ICJ is one of the six principal organs of the UN, on par with the General Assembly, Security Council, Economic and Social Council (ECOSOC), Trusteeship Council, and the Secretariat. The ICJ is the successor to the Permanent Court of International Justice (PCIJ), which was established in 1920 by the League of Nations. Following World War II, the League of Nations and the PCIJ were replaced by the United Nations and the ICJ, respectively.
The ICJ's rulings and opinions are binding on the parties involved in a particular case, and its workload covers a wide range of judicial activity. The court's rulings contribute to global peace and security by providing a mechanism for countries to resolve disputes without resorting to conflict. The ICJ can rule on two types of cases: contentious cases, which are legal disputes between states, and advisory proceedings, which are requests for advisory opinions on legal questions referred to it by UN organs and certain specialized agencies. All UN member states can bring cases against each other, even if they are not directly in conflict, as long as the common interest of the international community is at stake.
The ICJ is composed of fifteen judges who are elected to nine-year terms by the UN General Assembly and the UN Security Council from a list of nominees provided by the national groups in the Permanent Court of Arbitration. Judges are addressed as His/Her Excellency and are expected to refrain from holding any other posts or acting as counsel. They are, however, allowed to be involved in outside arbitration and hold professional positions as long as there is no conflict of interest. A judge can only be dismissed by a unanimous vote of the other members of the court.
The Statute of the ICJ, which sets forth its purpose and structure, is the main constitutional document that governs the court. It draws heavily from the statute of its predecessor, the PCIJ, whose decisions remain valid. All UN member states are party to the ICJ Statute and may initiate contentious legal cases, while advisory proceedings can only be submitted by certain UN organs and agencies. The ICJ's rulings are final and cannot be appealed.
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International humanitarian law
IHL is inspired by considerations of humanity and the mitigation of human suffering. It defines the conduct and responsibilities of belligerent nations, neutral nations, and individuals engaged in warfare, in relation to each other and to protected persons. It is designed to balance humanitarian concerns and military necessity, subjecting warfare to the rule of law by limiting its destructive effects and alleviating human suffering. Serious violations of IHL are called war crimes.
IHL has two historical streams: The Law of The Hague, or the law of war proper, and The Law of Geneva, or humanitarian law. The Law of The Hague determines the rights and duties of belligerents in the conduct of operations and limits their choice of means to do harm. The Law of Geneva, directly inspired by the principle of humanity, provides the legal basis for protection and humanitarian assistance carried out by impartial humanitarian organizations.
Systematic attempts to limit the savagery of warfare began to develop in the 19th century, building on the changing view of warfare by states influenced by the Age of Enlightenment. The distinction between combatants and civilians, the requirement to treat wounded and captured enemy combatants humanely, and the need to give quarter are some of the pillars of modern humanitarian law. The involvement of individuals like Florence Nightingale and Henry Dunant during the Crimean War led to more systematic efforts to prevent the suffering of war victims. Dunant's book, "A Memory of Solferino," described the horrors he witnessed, leading to the founding of the International Committee of the Red Cross (ICRC) in 1863 and the convening of a conference in Geneva in 1864, which resulted in the first Geneva Convention.
The United Nations has played a crucial role in the development of international law, including IHL. The UN Charter specifically calls on the organization to encourage the progressive development of international law and its codification (Article 13). The General Assembly, composed of representatives from each UN Member State, is the main deliberative body on matters relating to international law. It has adopted several multilateral treaties, such as the Convention on the Prevention and Punishment of the Crime of Genocide (1948) and the International Convention on the Elimination of All Forms of Racial Discrimination (1965). While the UN cannot enforce international law directly, it promotes economic and social development and advances international peace and security through its work in this area.
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Frequently asked questions
International law, also known as public international law, global law, or the law of nations, is a set of rules, norms, legal customs, and standards that govern the relations between nations and set forth mandates for those nations to abide by. It also regulates the global commons, such as the environment, sustainable development, international waters, outer space, global communications, and world trade.
The United Nations has been instrumental in the development of a body of international law, which is central to promoting economic and social development, as well as advancing international peace and security. The UN Charter, which is considered an international treaty, codifies the major principles of international relations, including the sovereign equality of states and the prohibition of the use of force. The UN has facilitated the creation of over 560 multilateral treaties, covering a broad range of subjects such as human rights, disarmament, protection of the environment, and refugees.
The United Nations itself cannot directly enforce international laws in the same way that a sovereign state enforces domestic laws. However, it promotes the development and respect for international law through various means, including its principal judicial organ, the International Court of Justice (ICJ), which settles legal disputes between states in accordance with international law.
The ICC is an independent international organization that is separate from the United Nations system. It has jurisdiction to prosecute individuals who commit international crimes such as genocide, war crimes, crimes against humanity, and the crime of aggression. The Security Council can refer certain situations to the ICC if international crimes have been committed, and the General Assembly can initiate studies and make recommendations to promote the development of international law.
Treaties are binding agreements between nations that govern the rights and obligations of participating countries. They are a key source of international law and can be used to cooperate on various issues such as military defense, environmental conservation, and trade. Treaties can become part of national law, either directly (in countries with a monist approach) or by being enacted into legislation (in countries with a dualist approach).
