Introduction:
International treaties and conventions played a important role in shaping the countries peace and balance the integrity of the nations. Internationally there was a need to maintain balance and harmony and helps to avoid disputes between nations. Every countries law differ from others. In this varied structure international law is the one which binds to countries although there is a varied differences. So this is called law of nations.
International law:
International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes norms for states across a broad range of domains, including war and diplomacy, economic relations, and human rights. International law differs from state-based domestic legal systems in primarily, though not exclusively, applicable to states, rather than to individuals, and operates largely through consent, since there is no universally accepted authority to enforce it upon sovereign states. States may choose to not abide by international law, and even to breach a treaty but such violations, particularly of peremptory norms, can be met with disapproval by others and in some cases coercive action ranging from diplomatic and economic sanctions to war.
Sources of International Law:
International law mainly has three sources
- International customs
- Treaties
- General principles of law
These sources helps to determine the law of nations.
Key International Treaties:
There are many international treaties which existed till date and played a very prominent role in the binding nations. Many countries made law through these treaties.
Key international treaties:
- The universal declaration of human rights.
- The international covenant on civil and political rights
- The international covenant on economic, social and cultural rights
- The Geneva convention
- The Rome statute of the international criminal court
Other than these there are many conventions and treaties has been introduced and plays a crucial role in maintaining the nations with peace and harmony.
- The Universal Declaration of Human Rights (UDHR) :
The Universal Declaration of Human”Rights (UDHR) is an international declaration adopted by the United Nations General Assembly on 10 December 1948 at the Palais de Chaillot in Paris, France. Drafted by representatives with different legal and cultural backgrounds from all regions of the world, the Declaration was proclaimed as a common standard of achievements for all peoples and all nations. It sets out, for the first time, fundamental human rights to be universally protected and it has been translated into more than 500 languages.
The UDHR is not a legally binding document, but it has been influential in the development of international human rights law. It has been cited by courts and tribunals around the world, and it has been used to support the development of new human rights treaties. The UDHR is also a powerful symbol of the commitment of the international community to human rights.
The history of the UDHR can be traced back to the aftermath of the Second World War. The horrors of the war led to a widespread conviction that a new international order was needed to prevent such atrocities from happening again. One of the key elements of this new order was the establishment of the United Nations, which was founded in 1945 with the goal of promoting and protecting human rights.
The UN Charter, which was adopted at the same time as the UN, sets out the purposes and principles of the organization. One of the purposes of the UN is to “promote and encourage respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion.” The Charter also affirms the principle of equal rights and self-determination of peoples.
In 1946, the UN Economic and Social Council (ECOSOC) established the Commission on Human Rights, which was tasked with drafting a declaration of human rights. The Commission was chaired by Eleanor Roosevelt, the widow of US President Franklin D. Roosevelt.
The Commission worked for two years to draft the UDHR. The draft was debated and amended by the Commission and by ECOSOC. The final text of the UDHR was adopted by the UN General Assembly on 10 December 1948.
The UDHR is divided into 30 articles. The articles set out a wide range of human rights, including the right to life, liberty, and security of person; the right to freedom from torture and other cruel, inhuman, or degrading treatment or punishment; the right to equality before the law; the right to freedom of thought, conscience, and religion; the right to freedom of opinion and expression; and the right to take part in the government of one’s country.
The UDHR Is a living document. It has been interpreted and applied by courts and tribunals around the world. It has also been used to support the development of new human rights treaties. The UDHR is a powerful symbol of the commitment of the international community to human rights
2) The international covenant on civil and political rights:
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty adopted by the United Nations General Assembly on 16 December 1966 and in force since 23 March 1976. It commits its parties to respect and ensure human rights and fundamental freedoms for all people within their territory and subject to their jurisdiction.
The ICCPR is one of the International Bill of Human Rights, along with the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). It is also one of the nine core human rights treaties monitored by the United Nations Human Rights Committee.
The ICCPR contains a wide range of civil and political rights, including the right to life, the right to liberty and security of person, the right to freedom from torture and other cruel, inhuman or degrading treatment or punishment, the right to equality before the law, the right to freedom of thought, conscience and religion, the right to freedom of opinion and expression, the right to peaceful assembly and association, the right to take part in the government of one’s country, the right to work, the right to education, and the right to an effective remedy for violations of human rights.
The ICCPR has been ratified by 173 states, making it one of the most widely ratified human rights treaties in the world
3) The international covenant on economic, social and cultural rights:
The International Covenant on Economic, Social and Cultural Rights (ICESCR) is a multilateral treaty adopted by the United Nations General Assembly on 16 December 1966. It entered into force on 3 January 1976. The ICESCR sets out a broad range of economic, social and cultural rights, including the right to work, the right to education, the right to health, and the right to an adequate standard of living.
The ICESCR is one of the nine core international human rights treaties. It is overseen by the United Nations Committee on Economic, Social and Cultural Rights.
The ICESCR has been ratified by 169 states. The United States is one of the few countries that has not ratified the treaty.
The ICESCR has been influential in shaping national and international law. It has been cited by courts in a number of countries, including the United States, Canada, and South Africa. The ICESCR has also been used to argue for the adoption of new laws and policies.
The ICESCR is a valuable tool for promoting and protecting economic, social and cultural rights. It is a reminder that all human rights are indivisible and interdependent
4) Geneva convention:
The Geneva Conventions are a series of international treaties that set the standards for humanitarian treatment in war. The first Geneva Convention was signed in 1864, and the most recent, the Fourth Geneva Convention, was signed in 1949. The conventions cover a wide range of topics, including the treatment of prisoners of war, the wounded and sick, and civilians in times of war.
The Geneva Conventions are binding on all states that have ratified them, and they are considered to be customary international law, which means that even states that have not ratified them are still bound by them. The conventions are enforced by the International Committee of the Red Cross (ICRC), which is an independent humanitarian organization that was founded in 1863.
The Geneva Conventions have been successful In reducing the suffering of war. They have helped to protect the lives and dignity of prisoners of war, the wounded and sick, and civilians in times of war. The conventions have also helped to promote respect for human rights and the rule of law.
However, the Geneva Conventions are not perfect. They have been criticized for being too vague, and for not being able to prevent all of the suffering that occurs in war. Nevertheless, the conventions remain an important tool for protecting human rights in times of conflict.
5) The Rome statute of the international criminal court:
The Rome Statute of the International Criminal Court (ICC) is an international treaty that established the ICC. The ICC is a permanent court that can investigate and prosecute individuals for the most serious crimes of international concern, such as genocide, crimes against humanity, and war crimes. The Rome Statute was adopted on July 17, 1998, and entered into force on July 1, 2002. As of February 2023, 123 states have ratified the Rome Statute.
The ICC has jurisdiction to prosecute individuals for the following crimes:
- Genocide: the intentional destruction of a national, ethnic, racial, or religious group, as such.
- Crimes against humanity: a widespread or systematic attack directed against any civilian population, with knowledge of the attack. Such attacks include murder, extermination, enslavement, deportation, torture, rape, and other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.
- War crimes: serious crimes committed during armed conflict, such as intentionally directing attacks against the civilian population as such or against individual civilians not taking direct part in the hostilities; intentionally directing attacks against civilian objects, that is, objects which are not military objectives; intentionally launching an attack in the knowledge that such attack will cause incidental loss of life or injury to civilians or damage to civilian objects or widespread, long-term and severe damage to the natural environment which would be clearly excessive in relation to the concrete and direct overall military advantage anticipated; intentionally directing attacks against buildings dedicated to religion, education, art, science or charitable purposes, historic monuments, hospitals and places where the sick and wounded are collected, provided they are not military objectives; and intentionally using starvation of civilians as a method of warfare by depriving them of objects indispensable to their survival, including wilfully impeding relief supplies as provided for under the Geneva Conventions.
- The crime of aggression: the planning, preparation, initiation or execution, by a person in a position effectively to exercise control over or to direct the political or military action of a State, of an act of aggression which, by its character, gravity and scale, constitutes a manifest violation of the Charter of the United Nations.
The ICC is a court of last resort, meaning that it will only investigate and prosecute cases when national courts are unable or unwilling to do so. The ICC is also a court of complementarity, meaning that it will only investigate and prosecute cases when national courts are unable or unwilling to do so.
The ICC has been criticized for its slow pace of work, its high cost, and its focus on African cases. However, the ICC has also been praised for its work in bringing to justice individuals responsible for the most serious crimes of international concern
Conclusion:
These are just a few of the many key international treaties that shape international law. These treaties are important because they provide a framework for cooperation between states and help to ensure that all people are treated with dignity and respect.
