What’s the point of international law? | Start Here

Introduction

This tutorial explains the fundamentals of international law, its complexities, and its significance in contemporary global issues, as highlighted in the Al Jazeera video featuring Sandra Gathmann. By understanding international law, you will gain insights into how it functions, its enforcement challenges, and its implications for justice and accountability in global conflicts.

Step 1: Understand What International Law Is

• International law consists of rules and principles that govern relations between countries.
• It encompasses treaties, agreements, and conventions that nations voluntarily adhere to.
• Types of international law include:
  • Public International Law: Governs relations between states and international entities.
  • Private International Law: Deals with cross-border legal issues between private individuals or entities.

Step 2: Recognize the Complexity of International Law

• International law is complicated due to the diverse legal systems and cultural contexts of different countries.
• It often lacks a central enforcement authority, relying on states to implement and comply with laws.
• The interplay between national laws and international obligations can lead to inconsistencies.

Step 3: Learn How the International Court of Justice Operates

• The International Court of Justice (ICJ) settles disputes between states and gives advisory opinions on international legal issues.
• Key aspects of the ICJ:
  • Comprised of 15 judges elected for nine-year terms.
  • Jurisdiction is based on the consent of states to submit disputes to the court.
  • Decisions are binding but can be difficult to enforce due to state sovereignty.

Step 4: Understand the Enforcement Challenges of International Law

• Enforcement is difficult because:
  • There is no global police force to compel compliance.
  • Countries may choose to ignore rulings based on political motivations.
  • The reliance on voluntary cooperation from states can hinder accountability.

Step 5: Explore the Politics Behind International Law

• International law is often influenced by political interests and power dynamics.
• States may selectively engage with international law based on their strategic interests or alliances.
• Political considerations can lead to biased interpretations or enforcement of international laws.

Step 6: Learn About the International Criminal Court

• The International Criminal Court (ICC) prosecutes individuals for serious crimes like genocide, war crimes, and crimes against humanity.
• Key functions of the ICC:
  • Operates on the principle of complementarity, acting when national courts are unable or unwilling to prosecute.
  • Issues arrest warrants and conducts investigations into alleged crimes.

Step 7: Understand Criticisms of the ICC

• The ICC faces criticism for:
  • Perceived bias against certain countries, often focusing on African nations.
  • Challenges in executing arrest warrants, as seen with high-profile figures like Vladimir Putin.
  • Lengthy processes that can lead to delays in justice.

Step 8: Explore the Significance of the ICC's Jurisdiction

• The ICC's jurisdiction is limited to crimes committed in member states or by nationals of member states.
• Non-member states can still be subject to ICC investigations if referred by the UN Security Council.
• This jurisdictional limitation can affect the court's ability to act in various situations.

Step 9: Recognize the Timeframe of International Law

• Legal processes in international law can be lengthy due to:
  • The complexity of cases and gathering evidence.
  • The need for thorough investigations and fair trials.
  • Political negotiations that may delay proceedings.

Conclusion

Understanding international law is crucial for grasping its role in global affairs and justice. Despite its challenges, international law aims to promote peace, accountability, and cooperation among nations. If you're interested in further exploring this topic, consider researching specific cases or treaties and their implications on current international issues.