International Law Violations: Consequences And Implications

International law is a complex and ever-evolving system of rules and practices that govern the conduct of sovereign states and international organisations. While it aims to promote social and economic development and maintain international peace and security, what happens when a country breaks these laws?

The enforcement of international law is challenging due to the absence of a global police force or an international counterpart to local law enforcement officers. However, there are consequences for countries that violate international law, and these can be both collective and individual. Countries that breach treaties or break internationally recognised customs may face diplomatic or economic sanctions, and in some cases, domestic courts may render judgments against them. The United Nations Security Council, acting under Chapter VII of the UN Charter, can also impose mandatory sanctions, including economic, diplomatic, or military measures, to address threats to peace, breaches of peace, or acts of aggression.

Additionally, international bodies such as the United Nations International Court of Justice (ICJ) and the International Criminal Court (ICC) have jurisdiction over matters concerning violations of international law. The ICJ, also known as the World Court, is the primary organ of the United Nations for settling disputes, while the ICC prosecutes individuals accused of egregious human rights violations.

Despite these mechanisms, the enforcement of international law remains difficult, and critics argue that it fails to effectively govern. However, supporters of international law believe that it sets important standards and can influence global politics. The debate around the effectiveness of international law is ongoing, and it remains a crucial aspect of global relations and conflict resolution.

The UN Security Council may impose sanctions, such as economic, diplomatic, or military measures

The UN Security Council is one of the six principal organs of the United Nations and is charged with maintaining international peace and security. It has the power to impose sanctions on countries that violate international law. These sanctions can be economic, diplomatic, or military in nature.

Economic sanctions may take the form of a comprehensive trade embargo, designed to halt all inward and outward-bound trade except for humanitarian items, or they may be selective, such as an embargo only on trade in goods with military uses. For example, the Security Council has imposed various forms of trade sanctions on countries including Angola, Haiti, Iraq, and Somalia. While these sanctions can be effective in influencing political leaders toward moderation, they often take time to work and their burden falls most heavily on ordinary civilians.

Diplomatic sanctions may involve the severance of diplomatic relations with the offending country.

Military sanctions can involve the use of armed force to maintain or restore international peace and security. For instance, when Iraq invaded Kuwait, the Security Council authorized the use of force by the United States and others, which proved quite effective in countering the act of aggression.

It is important to note that the UN Security Council's enforcement powers are viewed with skepticism by some UN member states due to the unelected nature of its five permanent members (China, France, Russia, the United Kingdom, and the United States), each of whom holds veto power.

The UN Human Rights Council can investigate, debate, and condemn human rights abuses

The United Nations Human Rights Council (UNHRC) is a United Nations body with a mission to promote and protect human rights around the world. The Council investigates allegations of breaches of human rights in United Nations member states and addresses thematic human rights issues like freedom of association and assembly, freedom of expression, freedom of belief and religion, women's rights, LGBT rights, and the rights of racial and ethnic minorities.

The UNHRC can hold regular and special sessions to address human rights violations and emergencies. During these sessions, the Council can investigate, debate, and condemn human rights abuses. The process typically involves the following steps:

• Fact-finding and reporting: The Council establishes fact-finding missions to investigate alleged human rights violations in specific countries. These missions gather information, conduct site visits, and interview relevant parties. They then present their findings and reports to the Council.
• Debate and deliberation: The Council holds debates and discussions on the reported human rights abuses. This includes hearing statements and testimonies from various parties, including country representatives, experts, and affected individuals or groups.
• Condemnation and resolution: Based on the evidence and deliberations, the Council may issue formal condemnations of the human rights abuses. It can also pass resolutions or make recommendations to address the abuses, promote accountability, and prevent future occurrences.

For example, in 2023, the Council established a fact-finding mission to investigate alleged human rights violations in Iran related to protests. The mission reported that the human rights situation in the country was at risk of further deterioration, and its full report was presented to the Council. In another instance, the Council adopted a resolution to provide aid and capacity-building support to Haiti, including technical assistance for the judiciary, security forces, and prison administration.

While the UNHRC plays a crucial role in addressing human rights abuses, it has also faced criticism for including member countries accused of human rights violations and for its perceived bias against certain countries, particularly Israel. Nonetheless, the Council remains an essential body for investigating, debating, and condemning human rights abuses worldwide.

The International Criminal Court can prosecute individuals for serious human rights abuses

The International Criminal Court (ICC) is a court based in The Hague, Netherlands, that countries can voluntarily choose to join. It is a court of last resort, stepping in when national authorities fail to provide accountability for certain crimes. The ICC can investigate and prosecute war crimes, crimes against humanity, and genocide, as well as the crime of aggression under limited circumstances. It was established in 2002 and currently has 123-124 member countries. The ICC is independent and respects the highest standards of justice, incorporating international fair trial standards such as the presumption of innocence, right to counsel, right to present evidence, right to remain silent, and the right to an appeal.

The ICC has jurisdiction over four categories of crimes under international law:

• Genocide, or the intent to destroy in whole or in part a national, ethnic, racial, or religious group.
• War crimes, including grave breaches of the laws of war, such as torture, taking hostages, willfully causing great suffering, intentionally attacking civilian populations, attacking undefended civilian property, using starvation as a method of warfare, or using child soldiers.
• Crimes against humanity, or violations committed as part of a large-scale attack against any civilian population, including murder, rape, unjust imprisonment, slavery, persecution, torture, or apartheid.
• Crimes of aggression, where a political or military leader plans or executes the use of armed force by a state against the territorial integrity, sovereignty, or political independence of another state, or in a manner inconsistent with the UN Charter.

The ICC can open an investigation in three ways: a member country can refer a situation to the prosecutor, the UN Security Council can refer a situation, or the prosecutor can launch an investigation with the approval of pretrial ICC judges. The ICC can investigate individuals from non-member states if the alleged offenses took place in a member state's territory, if the non-member state accepts the court's jurisdiction, or with Security Council authorization. The ICC prosecutor gives priority to cases against individuals who are most responsible for the crimes under the court's jurisdiction, regardless of their official position.

The ICC has faced criticism from various parties, including some African nations that have accused it of disproportionately focusing on the African continent. Two countries, Burundi and the Philippines, have withdrawn from the court. The ICC also lacks enforcement powers, relying on member states for cooperation in arrests. Without a global police force, the ICC struggles to bring individuals to trial and hold countries accountable.

Countries may face diplomatic pressure or economic sanctions from other nations

When a country breaks international law, the consequences can vary due to the absence of a direct international body to enforce these laws. However, countries may face diplomatic pressure or economic sanctions from other nations.

Diplomatic pressure can take many forms, such as the severance of diplomatic relations or the suspension or expulsion of a country from international organisations. For example, the United Nations (UN) Security Council can impose mandatory sanctions, including economic and diplomatic sanctions, to address threats to peace, breaches of peace, or acts of aggression. These sanctions can be comprehensive or selective, and their effectiveness depends on the domestic political situation of the target country.

Economic sanctions are another tool used to address violations of international law. They can take the form of trade embargoes, which may be designed to halt all trade except for humanitarian items, or they may selectively target only certain types of trade. While economic sanctions can influence political leaders towards moderation, they often impact ordinary civilians the most.

In addition to sanctions, international organisations can also apply pressure through the "mobilisation of shame". This involves publicly condemning a country for its human rights abuses or bringing attention to its non-compliance with recognised standards of conduct. This strategy aims to encourage the country to improve its human rights record and comply with international norms.

The effectiveness of diplomatic pressure and economic sanctions depends on various factors, including the domestic political situation of the target country and the extent to which it depends on international trade and relations. Nonetheless, these measures are often used as a way to address violations of international law without resorting to military force.

Domestic courts may render judgments against foreign states for injuries caused by violations

In the United States, foreign states are generally protected from state and federal court jurisdiction by the Foreign Sovereign Immunities Act (FSIA). However, the FSIA contains several exceptions that, if met, strip foreign states of their immunity and allow them to be sued as private parties. One such exception is the non-commercial torts exception, which removes immunity in cases where:

> "money damages are sought [...] for personal injury or death, or damage to or loss of property, occurring in the United States and caused by the tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the scope of his office or employment."

In addition to the FSIA, the United States has adopted the Uniform Foreign Money Judgments Recognition Act of 1962 (the "1962 Uniform Act"), which has been enacted by a majority of U.S. states, and the Uniform Foreign-Country Money Judgments Recognition Act of 2005 (the "2005 Recognition Act"), which has been enacted by a minority of U.S. states. These Acts govern the recognition of foreign money judgments.

Under the Uniform Acts, a judgment must award or deny the recovery of money, be final and conclusive between the involved parties, and be capable of enforcement in the judgment’s home country.

A foreign judgment that is recognised and enforced in the U.S. is converted into an enforceable domestic judgment. The judgment creditor then has access to state law judgment enforcement remedies, such as injunctions, orders of attachment, and receivership.

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