Role of International Law in Global Conflicts

Role of International Law in Global Conflicts - By Catie Vo

How treaties and courts regulate war and protect human rights

International law, also known as public international law or the law of nations, is a complex system of rules, legal customs, standards, and customary practices that govern interactions between states or international actors. International law serves as a structured framework for managing global conflicts and protecting fundamental rights. It regulates interactions between states or international actors, promoting peace and security.

International humanitarian law is a part of international law. Its goal is to limit armed conflict and provide protection for people who are not participating in violence. This includes civilians, medics, and military personnel. International humanitarian law also restricts the methods and means of warfare.

Regulation of War

  • Geneva Conventions of 1949: Universally ratified treaties adopted after World War II to prevent atrocities.

    • Includes the Additional Protocols of 1977, which protect victims of armed conflicts.

    • Forbids the use of certain weapons and ensures protection for people and property.

  • 1954 Convention for the Protection of Cultural Property in the Event of Armed Conflict (plus its two protocols).

  • 1972 Biological Weapons Convention.

  • 1980 Conventional Weapons Convention (and its five protocols).

  • 1993 Chemical Weapons Convention.

  • 1997 Ottawa Convention on Anti-Personnel Mines.

International Law regulates:

  • Treatment of prisoners of war.

  • Protection of civilians in occupied territories.

  • Care for wounded soldiers.

International Law Commission

  • A body of legal experts who study international legal problems and draft rules.

  • Develops and clarifies legal principles for armed conflict, including:

    • State responsibility.

    • Effects of armed conflict on treaties.

    • Consequences of breaching international obligations.

Protecting Rights
International Bill of Human Rights (IBHR): A global “rulebook” ensuring every person is treated with dignity and has unalienable rights. Nearly every country has ratified at least part of it.

IBHR is composed of three main parts:

  • Universal Declaration of Human Rights (UDHR): Adopted by the UN General Assembly in 1948, it establishes fundamental, universal, and unalienable rights, including the rights to life, liberty, and equality.

  • International Covenant on Civil and Political Rights (ICCPR): Protects individual freedoms such as freedom of speech and religion.

  • International Covenant on Economic, Social, and Cultural Rights (ICESCR): Requires states to ensure rights like the right to work, education, and an adequate standard of living.

Courts

  • International Court of Justice (ICJ / World Court):

    • The primary court for resolving international disputes.

    • Has addressed over 190 cases, including economic rights, asylum, nationality, and rights of passage.

  • International Criminal Court (ICC):

    • Prosecutes individuals for genocide, crimes against humanity, and war crimes.

    • Functions independently and is not part of the United Nations.

References / Sources


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