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Global Issues: International Law and Justice

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Introduction 

The creation of a body of international law, which is essential to advancing international peace and security as well as economic and social development, is one of the United Nations' greatest accomplishments. Conventions, treaties, and standards serve as the foundation for international law. Numerous United Nations-sponsored treaties serve as the foundation for the law that regulates international relations. Even though the UN's efforts in this area are not always highlighted, they have a daily influence on the lives of people all over the world.
According to Article 33 of the United Nations Charter, the Organization is specifically mandated to assist in the peaceful resolution of international disputes, including through arbitration and judicial resolution, as well as to promote the progressive development of international law and its codification (Article 13).

Over the years, the UN Secretary-General has received more than 500 deposits of multilateral treaties. Numerous additional accords are kept on file by governments or other organizations. The accords address a wide range of topics, including environmental preservation, disarmament, and human rights.

Multilateral treaties are ratified by the General Assembly.

The General Assembly is the primary deliberative forum on issues pertaining to international law and is made up of delegates from every UN Member State. The General Assembly does in fact adopt several multilateral treaties, which are then made available for signature and ratification. The Legal (Sixth) Committee offers guidance on important legal issues in order to support the General Assembly's activities. Representatives from every UN Member State are also on the Committee.

Throughout its history, the General Assembly has ratified a number of multilateral agreements, including:
  1. Convention on the Prevention and Punishment of the Crime of Genocide (1948)
  2. International Convention on the Elimination of All Forms of Racial Discrimination (1965)
  3. International Covenant on Civil and Political Rights (1966)
  4. International Covenant on Economic, Social and Cultural Rights (1966)
  5. Convention on the Elimination of All Forms of Discrimination against Women (1979)
  6. United Nations Convention on the Law of the Sea (1982)
  7. Convention on the Rights of the Child (1989)
  8. Comprehensive Nuclear-Test-Ban Treaty (1996)
  9. International Convention for the Suppression of the Financing of Terrorism (1999)
  10. International Convention for the Suppression of Acts of Nuclear Terrorism (2005)
  11. Convention on the Rights of Persons with Disabilities (2006)
  12. United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (2008)
  13. Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (2008)\
The legal activity of the United Nations has been innovative in many fields, addressing issues as they gain a worldwide scope. In areas like controlling migrant labor, reducing drug trafficking, and countering terrorism, the UN has been at the forefront of attempts to establish a legal framework. This work is still being done today as international law becomes increasingly important in a wider range of contexts, such as human rights law and international humanitarian law.

Creating and codifying international law

International Law Commission

In order to encourage the steady advancement of international law and its codification, the General Assembly established the International Law Commission in 1947. The 34 members of the Commission serve as experts in their own right, not as officials of their governments, and collectively represent the major legal systems in the world. Depending on the topic, they frequently consult with the International Court of Justice, the International Committee of the Red Cross, and UN specialized organizations when dealing with issues pertaining to the regulation of relations between states. The Commission frequently drafts articles on facets of international law.

The Commission selects some themes, while the General Assembly refers others to it. The General Assembly may call an international conference of plenipotentiaries to discuss an issue after the Commission has finished its work on it in order to formalize the draft into a convention. The convention is subsequently made available for states to sign on as parties, indicating their formal acceptance of its terms. Some of these conventions serve as the fundamental building blocks of the law governing interstate relations. Examples comprise:
  • Convention on the Non-navigational Uses of International Watercourses, adopted by the General Assembly in 1997;
  • Convention on the Law of Treaties between States and International Organizations or between International Organizations, adopted at a conference in Vienna in 1986;
  • Convention on the Succession of States in Respect of State Property, Archives and Debts, adopted at a conference in Vienna in 1983;
  • Convention on the Prevention and Punishment of Crimes against Internationally Protected Persons, including Diplomatic Agents, adopted by the General Assembly in 1973.

International humanitarian law

The principles and regulations governing the conduct of war as well as the protection of civilian populations, ill and injured soldiers, and prisoners of war are all covered under international humanitarian law. The 1949 Geneva Convention for the Protection of War Victims and two subsequent protocols signed in 1977 with the support of the International Committee of the Red Cross are significant pieces of legislation.

In initiatives to advance international humanitarian law, the United Nations has assumed a major role. The protection of people in armed conflict, the advancement of human rights, and the safety of children in conflict have all received increased attention from the Security Council.

Legal resolution of issues

International Court of Justice

The International Court of Justice is the main UN body responsible for resolving disputes. The World Court, another name for it, was established in 1946. Since it was established, the Court has heard more than 170 cases, handed down a number of decisions, and responded to requests for advice from UN agencies by providing advisory opinions. The majority of cases have been resolved by the whole Court, although six cases have, at the parties' request, been assigned to special chambers since 1981.

The Court has addressed international conflicts regarding hostage-taking, diplomatic relations, economic rights, rights of passage, the non-use of force, the right to asylum, and nationality in its rulings. It has also addressed international disputes involving the right to non-use of force. States present these disputes to the Court in an effort to find a fair resolution to their legal disagreements. The Court has frequently assisted in preventing conflict escalation by obtaining peaceful resolution on issues like territorial sovereignty, maritime boundaries, and land frontiers.

International Criminal Justice

The establishment of a permanent international court to trial the most serious international crimes was a long-held goal of the international community, and in the 20th century, it agreed on definitions of genocide, crimes against humanity, and war crimes.

Trials

The Nuremberg and Tokyo trials held after the Second World War focused on war crimes, crimes against peace, and crimes against humanity.

The UN-assisted tribunals and ad hoc tribunals have both continued to support accountability for the most heinous crimes and fight against impunity. The International Criminal Tribunals for the former Yugoslavia (ICTY) and for Rwanda (ICTR) were founded in the 1990s, following the conclusion of the Cold War, to try crimes committed within a specific timeframe and during a specific conflict. The Special Court for Sierra Leone (founded in 2002), the Extraordinary Chambers in the Courts of Cambodia (founded in 2006), and the Special Tribunal for Lebanon (founded in 2008) are three courts that were established by the respective states but with significant UN support (2007). They are non-permanent institutions that are sometimes referred to as "hybrid" courts that will disappear once all of their cases have been heard.

The International Criminal Court

When the 1948 Genocide Convention was adopted, the idea of a permanent international court to try cases involving crimes against humanity was first raised at the UN. Opinion gaps prevented further advancements for a long time. The International Law Commission was tasked by the General Assembly in 1992 with creating a draft legislation establishing such a court. Its necessity was made much more pressing by the atrocities that occurred in Rwanda, the former Yugoslavia, and Cambodia.

Those who commit genocide, war crimes, and crimes against humanity can be tried before the International Criminal Court (ICC). When a consensus is formed on what constitutes an act of violence, it will also have jurisdiction over that crime. The International Criminal Court (ICC) is not a part of the UN system and is legally and operationally apart from it.

A Negotiated Relationship Agreement governs how the UN and ICC work together. The Security Council has the authority to request the ICC be involved in cases that would not otherwise fall under the Court's purview. The Court is composed of 18 judges who were chosen by the states parties to the case for terms that could not exceed nine years. However, a judge must serve out the remainder of an ongoing trial or appeal. No two judges may be citizens of the same nation.

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