International Law an irrelevant buzzword?
The concept of International Law is in danger of becoming an irrelevant buzzword if news editors worldwide don’t reign in their buzzword-flaunting cavalry.
A Kalashnikov-wielding anarchist is quoted as “The infidel is in clear violation of International Law”
A wailing foreign murder suspect is claiming protection under “International Law”
A populist politician spouts racist vitriol in the name of “International Law”
Listening and watching the news on BBC News , BBC, Aljezira, CNN News, Millardayo, Africanews – Viuhapa Online Tv , Aljazeera Media Initiatives | المبادرات الإعلامية , SABC , @FOXNEWS it is clear that the term ‘International Law’ is being assassinated by reporters, #commentators, #influencers, #quasi-experts in the same way as they have done with the word ‘unprecedented’. The tragic death of the word and concept of ‘unprecedented’ came as no surprise when most texts written since COVID19 contained a nauseating load of the ‘unprecedented’ adjective.
Let’s have a look at what International Law is NOT:
1. International Law is not a set of regulations as your local authority’s traffic ordinances
2. International Law does not carry a fixed fine or sentence for breaking a rule
3. International Law does not favour a political party or regime
4. International Law does not focus on only one aspect of law but covers a wide range of legal disciplines
5. International Law does not only protect the poor and hungry but also protects the rights of wealthy entities and institutions
Let us get a better understanding of International Law before we use the term in our blogs, texts, plaintiff cries, hopeful requests and, most importantly, our local news articles.
International law governs relations between countries, international organizations, and, sometimes, individuals. It sets rules that aim to maintain global order, prevent conflicts, and promote cooperation on issues like human rights, trade, and environmental protection.
Key Sources of International Law:
- Treaties: Treaties are formal agreements between two or more countries. These agreements are written, signed, and ratified, often covering areas like trade, peace, and environmental regulations. Once signed, countries are legally bound to follow them.
- Customary International Law: This refers to practices or customs that are consistently followed by countries and are accepted as legally binding, even if they are not written down. It develops over time and requires that states follow the practice out of a sense of legal obligation (not just courtesy).
- General Principles of Law: These are broad legal principles that are recognized by most national legal systems. They fill gaps where treaties or customs do not offer guidance, serving as common standards in international cases.
- United Nations Resolutions: The UN, particularly through the General Assembly or Security Council, can pass resolutions that reflect the international community’s stance on various issues. While not always legally binding, they often influence state behavior and help shape international law.
- Conventions: These are a type of treaty, usually focused on a specific issue, like climate change (Paris Agreement) or human rights (Geneva Conventions). Once countries ratify them, they are obligated to enforce their provisions within their legal systems.
- Trade Agreements: These are specific types of treaties that govern trade relations between countries. They outline rules on tariffs, imports, exports, and intellectual property to promote fair trade practices (e.g., NAFTA, now USMCA).
- Statutes: International statutes can come from international organizations like the UN or the International Court of Justice (ICJ). These statutes outline rules for how international bodies or courts operate and make decisions.
- Case Law: International courts like the International Court of Justice (ICJ) or the International Criminal Court (ICC) hear cases related to international law. Their decisions create case law, which helps interpret treaties, customs, and principles and serves as a reference for future disputes.
- Declarations: Declarations are formal statements made by countries or international organizations, such as the UN. They express intentions or principles (like the Universal Declaration of Human Rights), but they aren’t always legally binding. However, they can influence legal developments and serve as moral guidelines.
How These Sources Work Together:
- Treaties provide clear, written obligations.
- Customary law reflects consistent international practice.
- General principles provide broad, fundamental legal norms.
- Resolutions and declarations shape international standards and influence laws, even if they aren’t binding.
- Case law helps clarify and apply these sources in specific disputes.
International law is complex because it relies on the voluntary participation of countries. A good example is the USA. Although they are a permanent member of the United Nations Security Council, they have not signed the Rome Statute and are therefore not part (or bound) by the International Criminal Court. There’s no global government to enforce it, so compliance often depends on diplomacy, global pressure, and cooperation. Let us get a better understanding of International Law before we use the term in our blogs, texts, plaintiff cries, hopeful requests and, most importantly, our local news articles.
