Punishments For Violating International Law: Understanding The Consequences

International law is the collection of rules and laws governing relations between countries. Bodies that enforce international law include the United Nations, the International Criminal Court (ICC) and the International Court of Justice.

In recent years, the United Nations Security Council, acting under Chapter VII of the UN Charter, has been the most prominent enforcement mechanism. Under Chapter VII, the Security Council may determine the existence of any threat to the peace, breach of the peace or act of aggression, and may impose mandatory sanctions to try to rectify the situation. The sanctions may be economic (such as a trade embargo against a country threatening the peace), diplomatic (such as severance of diplomatic relations) or military (the use of armed force to maintain or restore international peace and security).

In Australia, for example, breaking sanctions laws can be a serious criminal offence. Penalties range from substantial fines to up to 10 years in prison for individuals.

In addition to sanctions, countries can be punished by putting leaders (or those responsible) on trial like the Nuremberg trials after Germany, or excluding said countries from organisations such as the UN.

War crimes, crimes against humanity and genocide

War crimes, crimes against humanity, and genocide are serious international crimes that can be committed during both peace and wartime. They are often referred to as crimes against humanity and are violations of the customs or laws of warfare.

The first prosecution for crimes against humanity took place during the Nuremberg trials against defeated leaders of Nazi Germany. Since then, other international courts and domestic courts have also prosecuted these crimes.

The Rome Statute identifies eleven types of crimes that can be charged as crimes against humanity when "committed as part of a widespread or systematic attack directed against any civilian population". These include:

• Murder
• Extermination
• Enslavement
• Deportation or forcible transfer of population
• Imprisonment or other severe deprivation of physical liberty in violation of fundamental rules of international law
• Torture
• Rape, sexual slavery, enforced prostitution, forced pregnancy, enforced sterilization, or any other form of sexual violence of comparable gravity
• Persecution against any identifiable group or collectivity
• Enforced disappearance of persons
• The crime of apartheid
• Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health

The punishment for these crimes is typically death or long-term imprisonment. The International Criminal Court (ICC), founded on July 1, 2002, is responsible for trying these crimes. The ICC has jurisdiction over genocide, war crimes, and crimes against humanity.

Sanctions

There are several types of sanctions:

• Economic sanctions: Typically a ban on trade, possibly limited to certain sectors such as armaments, or with certain exceptions (such as food and medicine).
• Diplomatic sanctions: The reduction or removal of diplomatic ties, such as embassies.
• Military sanctions: Military intervention.
• Sport sanctions: Preventing one country's people and teams from competing in international events.
• Sanctions on the environment: Trade barriers and restrictions on trade that are key factors as they are engaged with problems of endangered species, ozone-depleting chemicals, and environmental laws.

The United Nations Security Council can implement sanctions on political leaders or economic individuals. The UNSC has established 31 sanctions regimes since 1966. Sanctions measures can range from comprehensive economic and trade sanctions to more targeted measures such as arms embargoes, travel bans, and financial or commodity restrictions.

In Australia, breaking sanctions laws can result in substantial fines or up to 10 years in prison for individuals.

Trade embargoes

Embargoed countries may suffer major economic losses, making trade embargoes an attractive option for governments looking to make a statement without escalating tensions. However, they can also have unintended consequences, such as reducing trade opportunities for other countries or creating trade barriers for small businesses.

• US Trade Embargo on Cuba: Imposed since 1960, the US trade embargo on Cuba includes a ban on Cuban imports to the US, an export ban on US goods to Cuba, and restrictions on travel between the two countries.
• Multiple Countries' Trade Embargo on Apartheid South Africa: Initiated in the late 1950s, this trade embargo was a response to South Africa's policy of racial segregation, known as Apartheid. The embargo prohibited any country from trading with South Africa, selling it arms or ammunition, investing in the country, or importing South African goods.

Diplomatic sanctions

Measures include limitations or cancellations of high-level government visits or expelling or withdrawing diplomatic missions or staff.

Australia, for example, implements sanctions regimes from the United Nations Security Council and its own autonomous regimes. Breaking sanctions laws can be a serious criminal offense. Penalties range from substantial fines to up to 10 years in prison for individuals.

Military sanctions

• Comprehensive economic and trade sanctions
• Arms embargoes
• Travel bans
• Financial or commodity restrictions

Since 1966, the UNSC has established 31 sanctions regimes, including in South Africa, Haiti, Angola, Iraq, Libya, and Mali.

In Australia, breaking sanctions laws can result in substantial fines or up to 10 years in prison for individuals.

Frequently asked questions