International Law

Among the greatest achievements of the United Nations is the development of a body of international law, which is central to promoting economic and social development, as well as to advancing international peace and security.Conventions, treaties, and standards constitute international law. The law that governs relations between nations is based on many of the treaties that the United Nations has negotiated. While the work of the UN in this area does not always receive attention, it has a daily impact on the lives of people everywhere.
The Charter of the United Nations specifically 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).More than 560 multilateral treaties have been deposited with the UN Secretary-General over the course of time. Many other treaties are deposited with governments or other entities. The treaties cover a broad range of subject matters such as human rights, disarmament and protection of the environment.

International Law Commission

The International Law Commission was established by the General Assembly in 1947 to promote the progressive development of international law and its codification. The 34 members of the Commission are experts in their own right and not government representatives; they collectively represent the world’s most important legal systems. Depending on the topic, they frequently consult with the International Committee of the Red Cross, the International Court of Justice, and UN specialized agencies on issues related to the regulation of relations between states. The Commission also frequently drafts international law-related documents. Some topics are chosen by the Commission, others are referred to it by the General Assembly. When the Commission completes work on a topic, the General Assembly sometimes convenes an international conference of plenipotentiaries to incorporate the draft into a convention. After that, states can sign on as parties to the convention, formally agreeing to be bound by its provisions. The law that governs relations between states is based on some of these conventions. Some examples are:

  • The General Assembly’s 1997 adoption of the Convention on the Non-Navigational Uses of International Watercourses;

  • Adopted at a conference in Vienna in 1986, the Convention on the Law of Treaties Between States and International Organizations or Between International Organizations;

  • At a conference in Vienna in 1983, the Convention on the Succession of States in Relation to State Property, Archives, and Debts was adopted.

  • The 1973 General Assembly adopted the Convention on the Prevention and Punishment of Crimes Against Internationally Protected Persons, including Diplomatic Agents.

 

International humanitarian law

The principles and regulations that govern the means and methods of warfare, as well as the humanitarian protection of civilian populations, sick and wounded combatants, and prisoners of war, are all included in international humanitarian law. The Geneva Convention for the Protection of Victims of War, which was ratified in 1949, and three additional protocols—I, II, and III—that were signed in 1977 and 2005 under the direction of the International Committee of the Red Cross are significant pieces of legislation. In efforts to advance international humanitarian law, the United Nations has taken the lead. Human rights, child protection, and the protection of civilians in armed conflict are all areas in which the Security Council has become increasingly involved.

International Court of Justice

The primary United Nations organ for the settlement of disputes is the International Court of Justice. It was established in 1946 and was previously known as the World Court. The Court has considered more than 190 cases, handed down numerous judgments, and issued advisory opinions in response to requests from UN organizations since its inception. Most cases have been dealt with by the full Court, but some have been referred to special chambers at the request of the parties.
The Court has addressed international disputes involving hostage-taking, the right to asylum, nationality, the non-use of force, rights of passage, the non-interference in states’ internal affairs, diplomatic relations, and economic rights. In an effort to find an impartial solution to their differences based on the law, states bring such disputes before the Court. The Court has frequently contributed to preventing the escalation of disputes by achieving peaceful resolutions on issues like land borders, maritime boundaries, and territorial sovereignty.

The International Criminal Court

The United Nations first considered the idea of a permanent international court to prosecute crimes against humanity during the 1948 adoption of the Genocide Convention. Divergences of opinion stymied further progress for many years. The International Law Commission was mandated by the General Assembly in 1992 to draft a statute for such a court. The massacres in Cambodia, Rwanda, and the former Yugoslavia made it even more necessary. The International Criminal Court (ICC) has jurisdiction to prosecute individuals who commit genocide, war crimes and crimes against humanity. When an agreement is reached on the definition of the crime of aggression, it will also have jurisdiction over it. The International Criminal Court (ICC) is separate from the United Nations system, both legally and in practice. A Negotiated Relationship Agreement governs the UN’s and ICC’s collaboration. The Security Council can refer to the ICC in situations that would not otherwise fall under its jurisdiction and can initiate proceedings before the ICC. The 18 judges on the Court are elected by the states parties for a nine-year term, with the exception of a judge who stays in office to finish a trial or appeal that has already begun. There can’t be two judges from the same country.

 

 

 

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