By Madiya Mushtaq
International law refers to the body of legislation that governs relations between States. International conflict resolution is the process of controlling or settling disputes between nations so they can each pursue their own objectives, whether they be collective or personal. States are acknowledged as the actors within the legal system by the framework provided by international law. It describes what they have to do to treat people living inside their borders and how they should interact with one other. These duties cover a wide range of topics, including the use of force, behavior during hostilities, immigration and refugee concerns, international criminal activity, disarmament initiatives, and prisoner care.
International law also regulates space operations, international commerce laws, global communication networks, sustainable development strategies for the oceans, and the environment. A treaty is an international agreement signed between States that is subject to international law, regardless of whether it is included in a single document, two or more related instruments, or known by another name. Treaty law, also referred to as the law of international agreements, governs the creation, interpretation, modification, and termination of treaties. The law of treaties, a pillar of international law, is essential for fostering mutual understanding and amicable conflict settlement.
- UNITED NATIONS:
The responsibility for maintaining world peace and security rests with the UN. The various strategies for achieving peace that are delineated in its Charter and evolved in its operations are founded on and distinctly mirror the cumulative evolution of the pertinent theories of war.
The Charter develops three interrelated approaches, heavily influenced by the League of Nations’ experience:
(1) peaceful resolution of disputes, which would leave nations with nothing to fight about;
(2) collective security, which would give aggressors too much to fight against; and
(3) disarmament, which would rob them of anything meaningful to fight with.
PEACEFUL DISPUTE RESOLUTION
The foundation of Pacific dispute settlement is the idea that, while it can certainly be used for other objectives like status-seeking and fear-mongering, war is essentially a tool for resolving disagreements. Additional presumptions include the idea that a lack of understanding among decision-makers about the possibility of peacefully resolving issues to the mutual benefit of both sides—a lack of awareness stemming from pride, ignorance, a lack of imagination, or self-centered and cynical leadership—often leads to war. Thus, by conceiving and institutionalizing alternative, peaceful conflict resolution procedures and convincing the nations to employ them, international organizations may be able to help prevent wars.
The International Criminal Court is one of the most significant mechanisms (ICC). The International Criminal Court (ICC) is a permanent court that was created to try people for the most heinous crimes that affect the entire world, like crimes against humanity, war crimes, and genocide. When it comes to encouraging responsibility and making sure victims of human rights atrocities receive justice, the ICC has been instrumental.
Collective Security
A peace strategy known as “collective security” entails an agreement amongst governments to take joint action against any state deemed to be an aggressor. It focuses on preventing violence by using an overwhelming international force against any aggressor, putting aside issues with resolving conflicts, upholding the law, or ensuring justice. Even though collective security was a major component of both the League of Nations Covenant and the United Nations Charter, albeit in slightly different forms, it was an utter failure in both instances.
Disarmament:
The idea behind disarmament and weaponry limitation is that states have a natural tendency to want to outgun any prospective competitors and that this leads to arms races that ultimately result in conflict. This theory’s main flaw is that it frequently tends to mix up cause and effect. Even though arms races gain speed on their own, political tensions that escalate into conflict are what cause them. To put it briefly, tensions rather than armaments contests are what lead to conflict. To believe differently would be to confuse a symptom with the cause. As a result, lowering weaponry levels does not always result in lowering tensions.
CONFLICT REDUCTION
Due to the lack of success with these key peace initiatives outlined in its Charter, the UN has created two new processes designed to reduce the number of wars. First, “preventive diplomacy,” which mostly consists of the secretary-general’s diplomatic initiatives and the deployment of peacekeeping troops, has helped to keep local crises under control and avoid escalation, particularly when the superpowers are involved. Second, although not having any legal power behind them, the General Assembly has grown in importance as a key player in the process of what has been dubbed the communal legitimization of state programs. A state’s likelihood of receiving universal censure increases the cost of resorting to war.
However, hostilities that the assembly may favorably see as wars of colonial liberation are not affected by this new constraint on war. Furthermore, states could not be expected to refrain from going to war in order to further an interest they believed to be truly necessary despite the assembly’s rejection.
INTERNATIONAL LAW AND HUMAN RIGHTS
International law also encourages the protection of human rights. The United Nations General Assembly adopted the Universal Declaration of Human Rights in 1948, which is a seminal document outlining each and every person’s fundamental rights and freedoms. International law has created a number of procedures to guarantee the protection of human rights because it understands how important they are.
Globally, human rights advocacy and protection are greatly aided by international law. It lays out the rights and freedoms to which every person is entitled and offers a framework for holding states accountable for how they treat people living under their control. The relationship between human rights and international law is intricate and multidimensional, involving numerous organizations, treaties, and conventions aimed at preserving human dignity. This paper explores the complexities of this relationship by examining important elements, historical trends, obstacles, and the influence of international human rights law on international justice.
Historical Development of International Human Rights Law
The genesis of international human rights law can be found in the wake of World War II, which saw previously unheard-of atrocities and a worldwide resolve to stop them from happening again. A turning point in this process was the United Nations General Assembly’s 1948 ratification of the Universal Declaration of Human Rights (UDHR). A comprehensive set of rights and freedoms were established by the UDHR, which also affirmed the equality and intrinsic dignity of all people. Despite not being legally enforceable, this declaration has had a significant impact on later human rights agreements and national constitutions.
A number of international treaties and conventions were created in the wake of the UDHR to impose legally enforceable responsibilities on states. These include the International Covenants on Civil and Political Rights (ICCPR) and Economic, Social, and Cultural Rights (ICESCR), which were both ratified in 1966 and are considered noteworthy. These treaties, along with the UDHR, make up the International Bill of Human Rights, which lays out a wide range of rights that governments are required to uphold, defend, and implement.
Key Components of International Human Rights Law
A vast array of liberties and rights are covered by international human rights law, which is frequently divided into categories such as economic, social, and cultural rights as well as civil and political rights. The rights to a fair trial, freedom of expression, freedom of assembly, and life are examples of civil and political rights. Included in the category of economic, social, and cultural rights are the rights to sufficient living conditions, health care, and education.
Numerous more treaties safeguard particular populations or deal with special problems. As an illustration:
- Women’s rights are covered by the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).
- Children’s rights are the main emphasis of the Convention on the Rights of the Child (CRC).
- People with disabilities are guaranteed rights under the Convention on the Rights of Persons with Disabilities (CRPD).
- Racial prejudice is opposed by the International Convention on the Elimination of All Forms of Racial prejudice (ICERD).
Role played by Internation Communities:
A number of international organizations are essential to the advancement and defense of human rights. The Office of the High Commissioner for Human Rights (OHCHR) and the Human Rights Council, two UN entities that spearhead international efforts to track and document human rights conditions, are at the forefront. The establishment of the International Criminal Court (ICC) and many ad hoc courts aims to bring legal action against those accountable for grave human rights breaches, including crimes against humanity, war crimes, and genocide.
Significant contributions are also made by regional groups. The African Court on Human and Peoples’ Rights (ACHPR) and the Inter-American Court of Human Rights (IACHR) both carry out comparable duties in their own regions, while the European Court of Human Rights (ECHR) is responsible for upholding the European Convention on Human Rights.
ISSUES IN IMPLEMENTATION
International law provides processes like arbitration, mediation, and adjudication to handle issues amicably, and it plays a major part in the settlement of disputes between governments. International law in conflict settlement is important, however there are a number of concerns that draw attention to its shortcomings. This article delves further into these arguments, analyzing the theoretical and practical problems that compromise international law’s ability to settle disputes.
- Inadequate Enforcement Procedures:
A major critique of international law in the context of conflict resolution is its deficiency in efficient means of enforcement. In contrast to national legal frameworks, international law does not have a central body that can impose rules. The willingness of governments to abide by international rules is a major factor in compliance. This could result in circumstances when strong states reject or ignore international rulings without suffering serious repercussions, eroding the legitimacy and authority of international law.
- Biases and Political Influences:
Political factors are frequently seen as influencing international dispute settlement procedures. Strong nations or those with a lot of geopolitical sway might put pressure on international organizations to influence decisions in their favor. States may be deterred from participating in dispute resolution procedures by this impression of bias and lack of impartiality, which can weaken confidence in the international legal system.
- Limitations of Jurisdiction:
International tribunals and courts have restricted jurisdiction and frequently need the parties in dispute to agree before they may consider a case. Because of this consent-based jurisdiction, states are free to decline to engage in certain dispute resolution procedures, evading accountability. Furthermore, some issues remain unsolved because they are outside the purview of international courts, especially those involving non-state parties or internal conflicts.
CONCLUSION
Even while international law is essential to the peaceful settlement of conflicts, these objections draw attention to important issues that must be resolved to increase its efficacy. Creating a more resilient and fair system of international dispute resolution requires resolving concerns about sovereignty and resource inequities, as well as fortifying enforcement mechanisms and guaranteeing impartiality and consistency. The international community can strive toward a legal structure that more successfully settles disputes and maintains justice on a worldwide basis by addressing these problems.
Views expressed in the article are the author’s own and do not necessarily represent the editorial stance of Kashmir Observer
The author is an Advocate, Supreme Court of India and can be reached at [email protected]
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