Keith Mack
The United Nations (UN) was founded in 1945 on three pillars: international peace and security, human rights, and development. The UN upholds international law, which is enshrined in conventions, treaties, and standards. 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 in international relations. The UN has contributed to the development of international law by hosting Treaty Events to encourage member states to sign conventions or deposit binding instruments concerning treaties. The UN has also established courts and tribunals, such as the International Criminal Court (ICC) and the International Tribunal for the Law of the Sea (ITLOS), to uphold international law and provide legal frameworks in areas such as environmental protection, regulation of migrant labour, curbing drug trafficking, and combating terrorism.
| Characteristics | Values |
|---|---|
| Purpose | To sustain international peace and security, protect human rights and development |
| Legal Framework | Treaties, conventions, standards, and model laws |
| Legal Bodies | International Court of Justice (ICJ), International Criminal Court (ICC), International Tribunal for the Law of the Sea (ITLOS) |
| Legal Subjects | Sovereign equality of states, prohibition of force, human rights, disarmament, protection of the environment, migrant labour, drug trafficking, terrorism |
| Legal Process | Settlement of international disputes by peaceful means, arbitration, judicial settlement |
| Legal Assistance | Ad hoc tribunals, UN-assisted tribunals, UNODC model laws, WIPO IP services |
| Legal Compliance | Accountability, adherence to principles, enforcement, adjudication |
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What You'll Learn
The UN Charter
The Charter of the United Nations, or the UN Charter, is the foundational treaty of the United Nations (UN). It was signed on 26 June 1945 in San Francisco, at the conclusion of the United Nations Conference on International Organization, and came into force on 24 October 1945. The UN Charter is considered an international treaty and an instrument of international law, and UN Member States are bound by it.
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International Criminal Court (ICC)
The International Criminal Court (ICC) is the world's first permanent international criminal court. It was created in the 20th century, after the international community reached a consensus on the definitions of genocide, crimes against humanity, and war crimes. The ICC investigates and tries individuals charged with the gravest crimes of concern to the international community, including genocide, war crimes, crimes against humanity, and the crime of aggression.
The ICC is governed by an international treaty called the Rome Statute. The Rome Statute is ratified by over 100 states, and any state that has ratified it is obliged to cooperate with the ICC. The Court is a court of last resort, and it seeks to complement national courts rather than replace them. It is officially seated in The Hague, Netherlands, but its proceedings may take place anywhere.
The ICC has established an independent Office of Public Counsel for the Defence (OPCD) to ensure "equality of arms" between defence and prosecution teams. The OPCD provides logistical support, advice, and information to defendants and their counsel, and helps safeguard the rights of the accused during the initial stages of an investigation. The Statute of the ICC also grants victims a series of rights, including the right to be informed of the charges, the right to a lawyer, the right to a speedy trial, and the right to examine witnesses.
The Court works closely with states and organizations such as the International Criminal Law Network and the International Federation of Human Rights Leagues (FIDH). The ICC calls on all countries to join the fight against impunity, so that perpetrators of international crimes are punished and future occurrences are prevented. Critics argue that by denying states the right to offer amnesty to human rights abusers, the ICC may hinder the peaceful transfer of power from abusive regimes and make it more difficult to negotiate an end to conflict.
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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 located in The Hague, Netherlands. It is one of the six "principal organs" of the UN, on the same footing as 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.
The ICJ is the only international court that adjudicates general disputes between nations and gives advisory opinions on international legal issues. It is composed of fifteen judges elected to nine-year terms by the UN General Assembly and the UN Security Council from a list of people nominated by the national groups in the Permanent Court of Arbitration. The ability to file a case before the ICJ is limited exclusively to recognised governments of states. The court's rulings and opinions are binding on the parties with respect to the particular case ruled on by the court.
The ICJ's workload covers a wide range of judicial activity, including contentious cases, which are legal disputes between states, and advisory proceedings, which are requests for advisory opinions on legal questions referred to it by United Nations organs and certain specialised agencies. The ICJ has ruled on several notable cases, including in 2019 when it delivered its judgement in a case involving the US and Iran, and in 1986 when it ruled that the United States' covert war against Nicaragua was in violation of international law.
The ICJ plays an important role in promoting global peace and security by providing a mechanism for countries to resolve issues without resorting to conflict. It also contributes to the development and codification of international law, consulting frequently with the International Committee of the Red Cross, UN specialised agencies, and other relevant bodies.
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Treaties and standards
The UN has also been at the forefront of efforts to provide a legal framework in areas such as regulating migrant labour, curbing drug trafficking, and combating terrorism. The UN's legal work has addressed problems that have taken on an international dimension, such as the United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea in 2008. The UN also assists in the establishment of tribunals to promote accountability for serious crimes, such as the International Criminal Tribunals for the former Yugoslavia and Rwanda, and the Special Court for Sierra Leone.
The International Law Commission, established by the General Assembly in 1947, is composed of 34 members representing the world's principal legal systems. The Commission works to promote the progressive development of international law and its codification, frequently consulting with the International Committee of the Red Cross, the International Court of Justice, and UN specialized agencies. The Commission also prepares drafts on aspects of international law, which are sometimes incorporated into conventions through international conferences convened by the General Assembly.
The UN's work in the area of treaties and standards often goes unnoticed, yet it has a daily impact on the lives of people worldwide. The UN's efforts contribute to sustaining peace, protecting human rights, and promoting economic and social progress and development. The rule of law, as advanced by the General Assembly and Security Council, is an important component of the UN's work, underpinning its activities in political, security, development, human rights, and gender equality domains.
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Human rights law
The United Nations (UN) was founded on three core principles: international peace and security, human rights, and development. The UN has been instrumental in the creation and development of international human rights law, which outlines the obligations of governments to act or refrain from acting in certain ways to promote and protect human rights and fundamental freedoms.
The Universal Declaration of Human Rights (UDHR), adopted by the UN General Assembly in 1948, is a landmark document in the history of human rights. Drafted by representatives from diverse legal and cultural backgrounds, it established a universal standard of fundamental human rights to be protected worldwide. The UDHR has been translated into over 500 languages and is the most translated document in the world, demonstrating its global reach and significance.
The UDHR, along with the International Covenant on Civil and Political Rights and its two Optional Protocols, and the International Covenant on Economic, Social and Cultural Rights, comprise the International Bill of Human Rights. This comprehensive framework sets out basic civil, political, economic, social, and cultural rights that all individuals should enjoy.
Since 1945, the UN has expanded human rights law through various international treaties and instruments. Notable examples include 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), the Convention on the Elimination of All Forms of Discrimination against Women (1979), the Convention on the Rights of the Child (1989), and the Convention on the Rights of Persons with Disabilities (2006).
The UN has also established mechanisms to promote and protect human rights, such as the Human Rights Council, which replaced the UN Commission on Human Rights in 2006. The Council, comprising 47 state representatives, addresses human rights violations and makes recommendations to uphold human rights standards globally.
The UN's work in the field of human rights law has been pivotal in advancing and safeguarding the rights and freedoms of individuals and groups worldwide, ensuring that governments are held accountable to internationally accepted norms and standards.
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Frequently asked questions
The UN was founded on the rule of law, which is considered the bedrock of the organisation. The rule of law is a principle of governance in which all people, institutions, and entities are equally accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated.
The UN Charter codifies the major principles of international relations, including the sovereign equality of states and the prohibition of the use of force in international relations. It also provides for "an almost absolute prohibition on the use of force", and calls on the organisation to help settle international disputes by peaceful means, including arbitration and judicial settlement.
The UN promotes the rule of law within member states by fostering the development of norms, social practices, and institutions that ensure the independence of core governance institutions. This strengthens decision-making processes and curbs the arbitrary exercise of political power. The UN also provides rule of law assistance to over 150 member states in various contexts, including development, conflict, post-conflict, and peacebuilding situations.
