I N T R O D U

radical developments in
soCiery international
left behind by the harbinger of n e w developrnert
new crisis may become ot tns
date, also

daver, be
added that every is a glaring example
perpetrated in Bangladesh Law
is no
hoternational
law. Ihe genocide "International
M. Frank and Nigel Rodley, ant in o u r times, of
Thomas
the
to
in omenon. Accordingc a s e is an example, by far the most importar and inala
The Bangladesh force justified inter alia, on human rights grounds,
p h e n o .

atic.
of military science a s well
as normative
sateral use International law, a s a
branch of behaviourial will h e n c e f o r t h ,
law that
Ueeded. as the harbinger
of a n e w has
hilosophy, maytreat this eventrelations. Perhaps
India's example by its success
The
inter-state of future conduct".
creasingly govern n a t i o n s ' conscious
expectations scale in
into
entered the unprecedented
oiready in an
genocide perpetrated had becomea
analing tragedy and human
domestic affair of
Pakistan and
a matter of of the international
Bangladesh ceased to be
d e m o n s t r a t e d the utter helplessness realization to evoive
ciearly
nternational. It rights.108 It also
dawned the be
It would, therefore,new
of human
machinery for the protection law to c o v e r such
situations.
ot
and principles
of International
may be a harbinger
norms that the Bangladesh episode enormous
no excessive optimism to hope The traditional International Law has undergone
rights. to cope with tne
law in
the field of human International Law has always
endeavoured
of
possibilities
in the last fifty years. to believe that the
changes c i r c u m s t a n c e s . There is
no r e a s o n the pace
and indeed
changing times and International Law "is still growing
been exhausted.
future growth have in the last fifty years."109
increased enormously confronted
has Law finds itself
absence of a world legislative
body, International the day. It is, however,
In the
difficulties keeping pace
with the needs of the most
and Nations Charter,
with many problems of the United
to note that since the inception
continuous growth
of the powers and
heartening has been the General
constitutional development declarations of the
remarkable resolutions and
c i r c u m s t a n c e s they
General Assembly. The
functions of the but under certain the
said to be recommendatory
implications. Being
Assembly are generally r e c o m m e n d a t i o n s and may create legal
more than
mere has great potentialities
may be the General Assembly
of the U.N.'s organs, potentialities of becoming
most representative and resolutions have great has also
and its declarations Court of Justice
of future growth International Law.110
The International Nations.111 It is,
the s o u r c e s of
Universal
evolution of the law
of the United
international
this auspicious has become an
lent its support to the General Assembly
that continues unhampered.
In the words
however, not suggested become if its growth discuss
but that it may states
legislative power is the meeting place where
Alvarez,112 "the General Assembly.. Assembly is in a good position
to
of Judge in doing so, the
interest... become an
political matters of general is tending to
In short, the Assembly...... all that
reconcile law and politics. that it actually become such a power,
In order may Public opinion is
international legislative power. should give it support.
and public opinion been aptly
is needed is that governments International Law." It has
into play in the new action"
resolutions constituted the "joint
which c o m e s
an important factor
Assembly)
their objectives. The point is,
General
pointed out, "The G.A. (i.e.
which states and peoples pursued
and the 'process' through
1963,
International Law", Proc. ASIL, April 25-27,
Intervention and Neutrality in Contemporary
106. "Force,
Vol. 67, No. 2 (April,
by Military Force", AJIL,
P.147.
Humanitarian Intervention
The Law of
107. After Bangladesh
1973) p. 275 at p. 303. Violations: The Bangladesh case" Int.
Vol. 27. No. 1
Orgn.
108. See "U.N. Prevention of Human Rights International Responsibility and
Genocidal
115; See also "Biafra, Bengal and Beyond;
(Winter, 1973), p.
No. 4, (September 1972). p. 89.
Conflict", AJIL Vol. 66, 27.
109. J.E.S. Fawcett: The Law of Nations (London, 1968), p.
Asian States and the Development of
Universal
110. See Leo Gross "Sources of International Law",
International Law, Edited by R.P. Anand (1972),
p. 189 at pp. 204-209.
Alvarez in Admissions case, I.C.J. Rep. (1948), p. 68, Injuries
111. See for example Judgment of Judge
Certain Expenses case, I.C.J. Rep. (1962), p. 185.
Case, 1.C.J. Rep. (1949), p. 182 and
112. Reservations to the Genocide Convention, I.C.J. Rep. (1951), p. 15 at p. 49