UGANDA CHRISTIAN UNIVERSITY

INTERNATIONAL LAWCOURSE WORK GROUP 11.

NAME REG. NO SIGNATURE.

1. Rugambwa Arinda Isaac. AS19B11/380

2. Kyalimpa Nicole AS20B11/051

3. Achieng Mellisa AS20B11/900

4. Ampaire Marilyn AS20B11/924

5. Delight Jonathan Ofungi AS20B11/1053

6. Kongai Priscilla AS20B11/1070

7. Komuhangi Hope AS20B11/748

8. Aryam Francis AS20B11/027

9. Nomwesigwa Noble AS20B11/895

10. Magulu Suzan AS20B11/054

11. Odong Emmanuel Oundo. AS20B11/005

12. Sembusi David ABSENT.

QUESTION
International law has been defined generally and specifically. What is important in these
definitions is the impact of the “context” and social milieu on the definition and development of
international law?
a) In light of the above critically analyse the developments leading to present day public
international law.
b) Do you agree that public international law has been successful in achieving its objects?
a). In light of the above critically analyze the developments leading to present day public
international law.

1.1 Prior to International Law.

International law is law made in Europe. Thus, history of international law stricto sensu is based
upon the history of relations amongst European States and upon norms that they have established
amongst themselves and for themselves, be it by practice and by treaties or be it by the virtue of
influence of religious and philosophical authorities that lived from time to time in course of
European history. The fact that law made in Europe now governs relations amongst States (and
other subjects of international law) globally is the heritage of colonial times of the nineteenth and
of the first half of the twentieth Century CE.

1.2 Ancient Civilizations.

Having said the above, however, when talking of history of international law, it would be indeed
unfair to omit touching upon aspects of State practice from ancient times. After all, many
institutions inherent to public international law existed in the distant past, centuries, in fact
millennia, prior to the creation of modern States and prior to the creation of public international
law as we know it today. States, as we define them nowadays, have in fact been around for about
five thousand years.1 The existence of statehood and mutual relations between States that came to
existence in the ancient centers of civilizations, such as in Egypt, Mesopotamia, India, and China
brought about institutions counterparts of which can be still found in contemporary international
law. The development of western culture and political organization laid the groundwork for
international law. The expansion of the European concept of sovereignty and the formation of
independent nation states necessitated the development of an acceptable method for conducting
interstate relations in accordance with commonly accepted standards of behavior, and international
law filled the gap.

A solemn treaty known as the Mesilim treaty was signed around 2100BC between the rulers of
Lagash and umma, two city states in Mesopotamia. It was inscribed on a stone block and

1
David, Vladislav and Pavel Sladky. Mezinarodni pravo verejne. 2nd ed. Praha: Linde, 2005, p. 2, 19.
concerned the establishment of a defined boundary to be respected by both sides at the risk of
alienating a number of Sumerian gods.

The next major instance known of an important, binding, international treaty is that concluded
over 1000 years later between Rameses II of Egypt (Pharoah) and the king of the Hittites for the
establishment of peace and brotherhood. Other points covered in the agreement signed, it would
seem, at Kadesh, north of Damascus included respect for each other’s territorial integrity.2 This
treaty was a detailed peace settlement agreement between two empires, as well as a pact of mutual
military aid (de facto pact of collective self-defense against either third parties or domestic slave
uprisings), as well as an undertaking not to accept political refugees or escaping criminals (thus
containing early undertakings dealing with the law of extradition and asylum issues).

Suárez (1548–1617) emphasized that international law was founded upon the natural law. In 1598
Italian jurist Alberico Gentili (1552–1608), considered the originator of the secular school of
thought in international law, published De jure belli libri tres (1598; Three Books on the Law of
War), which contained a comprehensive discussion of the laws of war and treaties. Gentili’s work
initiated a transformation of the law of nature from a theological concept to a concept of secular
philosophy founded on reason. The Dutch jurist Hugo Grotius (1583–1645) is regarded as the
father of international law and retained the theological distinction between a just and unjust war,
a notion that was soon to disappear from the treaties on international Law. He is also remembered
for the opinions consisting the proclamation for the freedom of the seas. One of his paramount
works is De jure belli ac pacis libri tres (On the Law of War and Peace: Three books), first
published in 1625 CE. The treatise advances a system of principles of natural law, which are held
to be binding on all people and nations regardless of local custom. The work is divided into three
books: Book I advances Grotius’ understanding of war and of natural justice, arguing that there
are some circumstances in which war is justifiable. Book II identifies three ‘just causes’ for war:
self-defense, reparation of injury, and punishment; Book III takes up the question of what rules
govern the conduct of war once it has begun; Grotius argues that all parties to war are bound by
such rules, irrespective of the existence of just cause of the respective party.

2
Langdon, Stephen H. and Alan H. Gardiner. The Treaty of Alliance between Ḫattusili, King of the Hittites, and the
Pharaoh Ramesses II of Egypt. The Journal of Egyptian Archaeology 6, 1920, No. 3, pp. 179–205.
1.3 The Peace of Westphalia of 1648 CE and the Westphalian Sovereignty.

The Peace of Westphalia is the collective name for two peace treaties signed in October 1648 in
the Westphalian cities of Osnabrück and Münster. They ended the Thirty Years' War (1618–1648)
and brought peace to the Holy Roman Empire, closing a calamitous period of European history
that killed approximately eight million people. The Holy Roman Emperor (Ferdinand III), the
kingdoms of France and Sweden, and their respective allies among the princes of the Holy Roman
Empire participated in these treaties. History of modern public international law is generally
considered to have commenced with the Peace of Westphalia in 1648 CE, at the end of the Thirty
Years War.3 This war, which started in Prague in 1618 CE, ended the de facto hegemony of the
Catholic Church in Continental Europe within the Holy Roman Empire (Holy Roman Empire of
the German Nation, since 1512 CE) and beyond and led to the creation of de facto sovereign States
even within the Holy Roman Empire of the German Nation16 in Central Europe in the 17th
Century, whereby the respective duchies and their sovereigns would become sovereign within their
territorial boundaries.

The Westphalian Treaty introduced the principle of political balance. It intended to preserve the
existing political situation and the distribution of the forces. The states’ sovereignty, their equality,
and the issue of non-intervention were the primary concerns of the treaty. Although much
criticized, the Westphalian model became universal and accepted. At present, its influence can be
observed in various fields. Among them are the global economy, international safety, and
humanitarian activity. The core idea of the Treaty is that of sovereignty. It means that every state
is self-governed and provides the state’s functioning within itself. According to Westphalian Peace
principles, every state has the right to establish the best conditions for the citizens. It also
presupposes independent political, economic, and social development. Any other state is not
allowed to seize power over other countries. It excludes the opportunity of taking advantage of the
weaker countries like it was in the case of empires.

3
Osiander, Andreas. Sovereignty, International Relations, and the Westphalian Myth. International Organization,
2001, Vol. 55, No. 2, pp. 251–287.
1.4 The Vienna Peace Conference of 1815 CE.

The Vienna peace conference of November 1814 CE through June 1815 CE, generally called the
Congress of Vienna, was a conference of ambassadors of European States that took place with the
intention to provide for a long-lasting peace subsequent to the French Revolution of 1789 and the
consequent Napoleonic Wars that lasted up to 1815 with the battle of Waterloo. Apart from settling
numerous territorial claims, the Creation of the German Confederation, or the confirmation of
neutrality of Switzerland, the conference also produced certain institutions that did contribute to
the development of international law. The most important of these institutions is the creation of
special regimes for the freedom of navigation of numerous rivers important to international trade
in Europe, namely for example the Rhine and the Danube.

Positivism’s influence peaked during the expansionist and industrial 19th century, when the notion
of state sovereignty was buttressed by the ideas of exclusive domestic jurisdiction and
nonintervention in the affairs of other states ideas that had been spread throughout the world by
the European imperial powers. In the 20th century, however, positivism’s dominance in
international law was undermined by the impact of two world wars (world war 1 in 1914-1918 and
world war 2 in 1939-1945), the resulting growth of international organizations e.g., the League of
Nations, founded in 1919, and the UN, founded in 1945 and the increasing importance of human
rights. Having become geographically international through the colonial expansion of the
European powers, international law became truly international in the first decades after World War
II, when decolonization resulted in the establishment of scores of newly independent states. The
varying political and economic interests and needs of these states, along with their diverse cultural
backgrounds, infused the hitherto European-dominated principles and practices of international
law with new influences.

The nineteenth century by contrast was a practical, expansionist and positivist era. The congress
of Vienna, which marked the conclusion of the Napoleonic wars, enshrined the new international
order, which was to be based upon the European balance of power. International law became
geographically internationalized through the expansion of the European empires; it became less
Universalist in conception and more, theoretically as well as practically, a reflection of European
values. This century also saw the coming of independence of Latin America and the forging of a
distinctive approach to certain elements of international law by the states of that region, especially
with regards to, for example, diplomatic asylum and the treatment of foreign enterprises and
nationals.

In 1815, the Final Act of the Congress of Vienna established the principle of freedom of
navigation with regard to international waterways and set up a central Commission of the Rhine
to regulate its use. In 1856 a commission for the Danube was created and a number of the other
European rivers also became the subject of international agreements and arrangements.

In 1865 the international Telegraphic Union was established and in 1874 the Universal Postal
Union. The international committee of the Red Cross, founded in 1863, helped promote the series
of Geneva Conventions beginning in 1864 dealing with the ‘humanization’ of conflict, and The
Hague Conferences of 1899 and 1907 established the Permanent Court of Arbitration and dealt
with the treatment of prisoners and the control of warfare. Many other conferences, conventions
and congresses emphasized the expansion of the rules of international law and close network of
international relations. The nineteenth century also saw the publication of numerous works on
international law, which emphasized state practice and the importance of the behavior of countries
to the development of rules of international law.

1.5 The Montevideo Convention 1934.

The Montevideo Convention on the Rights and Duties of States is a treaty signed at Montevideo,
Uruguay, on December 26, 1933, during the Seventh International Conference of American States.
The Convention codifies the declarative theory of statehood as accepted as part of customary
international law. At the conference, United States President Franklin D. Roosevelt and Secretary
of State Cordell Hull declared the Good Neighbor Policy, which opposed U.S. armed intervention
in inter-American affairs. The convention was signed by 19 states. The acceptance of three of the
signatories was subject to minor reservations. Those states were Brazil, Peru and the United States.
The convention became operative on December 26, 1934. It was registered in League of Nations
Treaty Series on January 8, 1936.

1.6 The Refugee Convention 1951.

The 1951 Refugee Convention and its 1967 Protocol are the key legal documents that form the
basis of our work. With 149 State parties to either or both, they define the term ‘refugee’ and
outlines the rights of refugees, as well as the legal obligations of States to protect them. The core
principle is non-refoulement, which asserts that a refugee should not be returned to a country where
they face serious threats to their life or freedom. This is now considered a rule of customary
international law.

1.7 The Vienna Conventions.

These were signed and ratified to in 1961 and 1969 respectively. The Vienna Convention on
Diplomatic Relations of 1961 is an international treaty that defines a framework for diplomatic
relations between independent countries. It specifies the privileges of a diplomatic mission that
enable diplomats to perform their function without fear of coercion or harassment by the host
country. This forms the legal basis for diplomatic immunity. The Vienna Convention on the Law
of Treaties of 1969 (VCLT) is the primary instrument that manages bargains. It characterizes an
arrangement and identifies with how bargains are made, revised, deciphered, how they work and
are ended.

1.8 African Union.

The Constitutive Act of the African Union was adopted on the 11th day of July 2000 and came
into force on the 26th day of July 2001 sets out the codified framework under which the African
union is to conduct itself. When a state ratifies the constitutive act, it formally becomes a member
of the African union. The objectives of the African Union in the act are to achieve greater unity,
cohesion and solidarity between African countries and nations among others.

The African union is a continental union consisting of 55 member states located on the continent
of Africa and its purpose was to promote the unity and solidarity of the African states, coordinate
and intensify their cooperation and efforts to achieve a better life among others

Protocol relating to the establishment of the peace and security council of the African union was
adopted on the 9th of July 2002 and it was meant to be a standing decision-making organ for the
prevention, management and resolution of conflicts. The peace and security council shall be a
collective security and early warning arrangement to facilitate timely and efficient response to
conflict and crisis situations in Africa.

The peace security council was established to promote peace, security in order to guarantee the
protection and preservation of life and property, anticipate and prevent conflicts in instances where
they have occurred, promote and implement peace building and post conflict reconstruction
activities to consolidate peace, to co-ordinate and harmonize continental efforts in the prevention
and combating of international terrorism in all its aspects, develop a common defense policy for
the union, promote and encourage democratic practice

The Protocol to the African Charter on human and people’s rights of women in African also
known as the Maputo protocol is an international human rights instrument established by the
African union that went into effect in 2005. It guarantees comprehensive rights to women including
the rights to women including the right to take part in the political process to social and political
equality with men, improved autonomy in their reproductive health decisions and end female
genital mutilation

Protocol on the amendments to the constitutive act of the African Union was adopted on the
11th of July 2003 and was mainly developed to promote common policies on trade, defense and
foreign relations to ensure the defense of the continent and the strengthening of its negotiating
positions that’s to say to re unite and encourage the full participation of Africans outside Africa

African Union Convention on preventing and combating corruption. The objectives of this
convention were to promote and strengthen the development in Africa by each state party of
mechanisms required to prevent, detect, punish and eradicate corruption and related offences in
the public and private sectors, to promote facilities and regulate cooperation among the state parties
to ensure the effectiveness of measures and actions to prevent, detect and punish and eradicate
corruption in Africa.

To promote socio economic development by the removing obstacles to the enjoyment of economic,
social and cultural rights as well as civil and political rights and establishing the necessary
conditions to foster transparency and accountability in the management of public affairs.

The Protocol to the OAU convention on prevention and combating of terrorism which was
adopted on July 1st 2004 on the prevention and combating of terrorism. The purpose of the protocol
is to enhance the effective implementation of the convention and to give effect relating to the
establishment of the peace and security council of the African Union on the need to coordinate and
harmonize continental efforts in the prevention and combating of terrorism in all its aspects as well
as the implementation of the other relevant international instruments.
It should be noted that in 2004 the International Court of Justice adopted the Berlin declaration on
upholding human rights and the rule of law in combating terrorism which sets out the 11 basic
principles to ensure that counter terrorism measure are human rights.

Following those commitments in 2005, the international courts of justice convened the eminent
person’s panel comprising eight leading international experts who spent three years conducting a
worldwide investigation into the impact of counter terrorism laws and practice on human rights.

The international court of justice adopted the Geneva declaration on upholding the rule of law and
the role of the lawyers in the times of crisis setting out the 13 core principles indicating the key
principles for judges in order to ensure the protection of human rights and rule of law when
countries pass through periods of crisis.

The African Union non-aggression and common defense pact was to promote cooperation
among the member states in the areas of non-aggression and common defense to promote peaceful
co-existence in Africa, to prevent conflicts of the interstate and to ensure that the disputes are
resolved by the peaceful means and in pursuance to these objectives, the pact seeks to define a
framework under which the union may intervene or authorize intervention in preventing or
addressing situations of aggression.

The Lisbon treaty of 2000 was an amending treaty on the European union and the treaty
establishing the European community which came into force on 1st December 2009. The process
leading to the treaty of Lisbon is as a result of the negative outcome of the two referenda on the
constitutional treaty in May and June 2005. The treaty basically contains no article formally
enshrining the supremacy of the union law over national legislation.

1.9 Kampala Amendments on the Crime of Aggression to the Rome Statute of the ICC

In Kampala in 2010, the Review Conference adopted provisions which now allow the Court to
exercise its jurisdiction over the crime of aggression. The Review Conference of the Rome Statute,
held in Kampala, Uganda, from 31 May to 11 June 2010 adopted the amendment on 10 June 2010
by Resolution RC/Res.5.4 This accomplishment has been hailed as a historic landmark, both in
international law and in the quest for global peace and security. For the first time in history, a

4
C.N.533.2010. TREATIES-6 of 29 November 2010.
permanent independent international court has the competence to hold national leaders accountable
for the most serious forms of the illegal use of force against other States. In New York in 2017,
States Parties to the Rome Statute made the historic decision to enable the ICC to prosecute the
crime of aggression – marking the first time that humanity has had a permanent international court
with the authority to hold individuals accountable for their decisions to commit the worst forms of
the illegal use of force. The ICC's jurisdiction over the crime of aggression went into effect on 17
July 2018, which also marked the 20th anniversary of the Rome Statute.

2.0 Climate change and loss of biodiversity accelerate.

The 2015 Paris Agreement is a legally binding international treaty on climate change. It was
adopted by 196 Parties at COP 21 in Paris, on 12 December 2015 and entered into force on 4
November 2016. Its goal is to limit global warming to well below 2, preferably to 1.5 degrees
Celsius, compared to pre-industrial levels.

2.1 The ICJ issues its opinion on the Chagos Islands.

In February, 2019, the International Court of Justice handed down its advisory opinion on the
legality of the UK’s continuing administration of the Chagos Islands in the Indian Ocean. The UK
purchased these Islands from the self-governing colony of Mauritius in 1965 in the run up to its
independence and has leased the largest island, Diego Garcia, to the US military for the last 53
years. The original inhabitants of the Islands were deported in the late 1960s and early 1970s and
have been fighting for their right to return ever since. The Court’s opinion confirms that the UK’s
continued presence on the Islands is unlawful and that the Islands ought to be returned to Mauritius,
a position subsequently endorsed by the General Assembly. The UK’s response has been a study
in silence, dashing Chagossians’ hopes of returning and casting a shadow over the UK’s reputation
as a promoter and defender of international law.

2.2 The ILO takes a stand against violence and harassment in the workplace

In June, 2019, the International Labour Organization (ILO) adopted a new convention aimed at
eliminating violence and harassment in the world of work. The ILO has established new global
standards aimed at ending violence and harassment in the world of work. ILO Convention No. 190
(or C190 for short) is the first international treaty to recognize the right of everyone to a world of
work free from violence and harassment, including gender-based violence and harassment. The
Convention was adopted in June 2019, by the International Labour Conference of the International
Labour Organization (ILO), and came into force on 25 June 2021. Cogently, it can be deduced
that international law is not simply the result of a few treaties from the 19th and 20th centuries but
rather has its origins in ancient times.

b). Do you agree that public international law has been successful in achieving its objects?

The objective of the International Law is to achieve global justice and resolve the dispute
amicably, that ultimately helps individuals. The development of many areas in the International
Law such as International Human Rights Law with the objective to protect the interest of the
individual, international law operates under the principles of Human Rights, International peace
and security, international trade, International Crimes (Genocide, Crimes Against Humanity, War
Crimes), The Law of War (also known as International Humanitarian Law), Diplomatic relations,
Extradition, Investment treaties. The most important and most concrete sources of international
law are bilateral and multilateral treaties. Multilateral treaties are usually prepared during long
negotiations at diplomatic state conferences where a final treaty text is adopted and then opened
for signature and ratification by states.

ICJ.

The Permanent Court of International Justice was set up in 1921 at The Hague and was
succeeded in 1946 by the International Court of Justice. The International Labor Organization was
established soon after the end of the First World War and still exists today, and many other
international institutions were inaugurated or increased their work during this period. After the
trauma of the Second World War the League was succeeded in 1946 by the United Nations
Organization, which tried to remedy many of the defects of its predecessor. The advent of
decolonization fulfilled this expectation and the General Assembly of the United Nations currently
has 193 member states.

The international court of justice has settled disputes between states between states through giving
advisory opinions on international legal issues, the ICJ being the only international court that has
adjudicated general disputes between countries with its ruling and opinions serving as primary
sources of international law.it settled disputes like 1980 complaint by the United States that Iran
was detaining American diplomats in Tehran which was in violation of international law, disputes.
Nicaragua v United States

The Corfu Channel case5 was the first public international law case heard before the International
Court of Justice between 1947 and1949, concerning state responsibility for damages at sea, as well
as the doctrine of innocent passage. A contentious case it was the first of any type heard by the ICJ
after its establishment in 1945. Corfu Channel has had a lasting influence on the practice of
international law, especially the law of the sea. The concept of innocent passage used by court was
ultimately adopted in a number of important laws of the sea conventions. The stance taken by the
court on use of force has been of importance in subsequent decisions, such as Nicaragua v United
States,6 this case partly dealt with the United States support of contras in Nicaragua. Before
formation of the United Nations, cases involving the use of force were considered unsuitable for
adjudication

In the Asylum case. The international Court of Justice recognized that the scope of Article 38(1)
of the Statute of the International Court of Justice encompassed bi-lateral and regional international
customary norms as well as general customary norms, in much the same way as it encompasses
bilateral and multilateral treaties. The Court also clarified that for a custom to be definitively
proven, it must be continuously and uniformly executed.

The 20th Century served to stress that at its most fundamental level international law is concerned
not merely with relations between states but more generally with issues affecting the interest of
the plurality of the states. this is seen in the cases that have been decided in the 20th century a case
in point is case concerning armed activities on the territory of the Congo Democratic Republic of
the Congo v. Uganda7 ICJ, Judgement, 19 December 2005. The DR Congo contended that the
Republic of Uganda, engaged in military and paramilitary activities against the Democratic
Republic of the Congo, by occupying its territory and by actively extending military, logistic,
economic and financial support to irregular forces having operated there, it violated principles of
conventional and customary law. The ICJ in response to this matter, sanctioned Uganda to pay

5
Corfu Channel Case (Merits) (U.K. v. Alb.), 1949 I.C.J. 4.
6
Nicaragua vs United states (merits)1986 I.C.J. 14.
7
I.C.J., 2006 I.C.J. 126.
reparations and damages to DRC which has practically solved the issues affecting states beyond
relations.

The ICJ has also played a significant role in the protection of rights of a party to a dispute. A case
in point was the frontier dispute case of Burkina Faso and Mali who submitted an application to
the court to indicate interim measures but can only do this when only prima facie jurisdiction is
satisfied. The international court of justice has settled disputes between states between states
through giving advisory opinions on international legal issues. The ICJ being the only international
court that has adjudicated general disputes between countries with its ruling and opinions serving
as primary sources of international law.it settled disputes like 1980 complaint by the United States
that Iran was detaining American diplomats in Tehran which was in violation of international law,
disputes. Nicaragua v United States

The ICJ has also played a significant role in the protection of rights of a party to a dispute. A case
in point was the frontier dispute case of Burkina Faso and Mali8 who submitted an application to
the court to indicate interim measures but can only do this when only prima facie jurisdiction is
satisfied. The ICJ has improved on the membership of united Nations which the PCIJ failed to do
because before formation of ICJ the PCIJ membership was dominated by the European states and
legal affairs of the international community and so creation of ICJ made it easier for other states
outside Europe to play a more influential role.

The ICJ has provided motivation to further develop the law of the sea. case of corfu channel
case(supra) which was the very first case brought to the court by the United Kingdom against
Albania over access to the corfu channel.in 1946, united kingdom's warships, while crossing the
channel and entering Albania territorial waters without consent were fired upon by Albania.
Subsequent warships passing the channel struck mines and were damaged which led to significant
loss of life.

During his speech at the initial sitting of the Court, on Apr. 18, 1946, the first President of the
General Assembly, Paul-Henri Spaak, said: “I would not venture to assert that the International
Court of Justice is the most important organ of the United Nations; but I think I may say that in
any case is none more important.” If the importance of any U.N. organ is assessed by its

8
I.C.J. 1986 I.C.J. 554.
effectiveness, there is little doubt that the Court occupies a preeminent position. Based on what we
can call its success rate, the ICJ has established itself as the most effective of the principal organs
of the U.N.

ICC.

In Rome in 1998 in order to fight against impunity for the most serious crimes, states created the
international criminal courts (ICC) a permanent criminal court permanently supported by more
than 120 state parties so when crimes that are serious concern the international community occur
the ICC steps in as the last resort under specific legal international criminal courts were created
because of impunity. People would commit any kind of crimes and they would escape from any
kind of crimes and there was no law on it. International law was not there. Efforts had been taken
by the international community to combat it through the 20th century. In particular, since the
second world war. The basic principle of the ICC is Victims deserve justice and peace requires
justice "Primarily it is the duty of the responsibility of national courts and tribunals you prostitute
crimes but if not, the ICC is the last resort and last hope for victims to find justice. It is impossible
to deny the extent to which international criminal justice has shaped how oppressed citizens
communicate their grievances and express their vision of how to do away with repressive
governance.

Peace and conflict resolution. International criminal courts play a greater role in peace keeping
among state parties by resolving conflicts that arouse among between states and sometime internal
conflicts. For instance, in Uganda where Lord Resistance Army (LRA) sabotaged peace for more
than a decade and committing crimes against humanity. It is notably that some prominent members
have been prosecuted for their act. In the case of Prosecutor v German Katanga,9 court found that
Katanga was liable for one million dollars of the total damages estimated at $3.7 million. The
collective reparations are in the form of projects covering "housing, support for income-generating
activities, education and psychological support" for victims. 17. Katanga was sentenced by the
ICC to 12 years in jail in 2014, after being convicted on five charges of war crimes and crimes
against humanity for the February 2003 ethnic attack on Bogoro village in Ituri province.

9
ICC-01/04-01/07 OA 8.
International criminal courts also protect international concern about the fate of many cultural and
religious monuments in the Middle East and North Africa. Places of worship, artworks and
archaeological remnants, libraries, museums and other treasured sites have been destroyed by
extremist groups who call them pagan or heretical, including the giant Buddha statues at Bamiyan,
Afghanistan, in 2001, and more recently Nimrud, Palmyra and other pre-Islamic sites in Iraq and
Syria. This was evidenced in the case of The Prosecutor v. Ahmad Al Faqi Al Mahdi.10 On 22nd
August 2016, Ahmad al-Faqi al-Mahdi, a member of an extremist group named Ansar Dine, which
is linked to Al Qaeda, pleaded guilty at the International Criminal destroying UNESCO protected
shrines and damaging a mosque in the ancient city of Timbuktu, Mali, in the court’s first
prosecution of the destruction of cultural heritage as a war crime. Also, it is the first time that an
alleged offender prosecuted at the ICC has pleaded guilty. Prosecutors said that he took part in the
destruction of a number of venerable centuries-old mud and stone buildings holding the tombs of
holy men and scholars. He was convicted for 30 years in prison for the crimes committed.

WTO.

WTO encourages sustainable trade developments. As trade expands in volume, in the numbers of
products traded, and in the numbers of countries and companies trading, there is a greater a chance
that disputes will arise. The WTO system helps resolve these disputes peacefully and
constructively - in reality, a lot of international trade tension is reduced because countries can turn
to organizations, in particular the WTO, to settle their trade disputes. The increasing number of
disputes brought to GATT and its successor, the WTO, does not reflect increasing tension in the
world, it rather reflects the closer economic ties throughout the world, the GATT/WTO’s
expanding membership and the fact that countries have faith in the system to solve their
differences.

The fact that there is a single set of rules applying to all members greatly simplifies the entire
trade regime. The WTO cannot claim to make all countries equal. But it does reduce some
inequalities, giving smaller countries more voice, and at the same time freeing the major powers
from the complexity of having to negotiate trade agreements with each of their numerous trading
partners. Until the mid-1990s, the “Quad” the US, EU, Japan and Canada, then the largest traders

10
ICC-01/12-01/15.
were seen as the most powerful consensus- brokers. Now, any attempt to break a major deadlock
has to include at least some of the major emerging economies and representatives of various
coalitions, including the least- developed countries.

If the importance of any U.N. organ is assessed by its effectiveness, there is little doubt that the
Court occupies a preeminent position. Based on what we can call its success rate, the ICJ has
established itself as the most effective of the principal organs of the U.N

It’s our averment, that international law has indeed been to a greater extent has been, successful in
achieving its object. We cannot however turn a blind eye to its weaknesses which have played a
significant role in limiting its impact on the international community. Some of these weaknesses
include the following;

First and foremost, international law lacks courts with compulsory jurisdiction. The International
Court of Justice for instance can only exercise jurisdiction over a case if both parties to the dispute
consented and submitted that dispute to the court. Article 36 (1) of the Statute of ICJ provides that
the jurisdiction of the court comprises all cases which are referred to it by the parties involved.
Such cases usually get to the court through notification to the Registry of a Special Agreement
concluded by the parties. Consider the case of Malaysia v Singapore11 for example where both
countries disputed over who held sovereignty over the three islands of Pulau Batu Puteh, Middle
Rocks and South Ledge. The foreign ministers of the two countries submitted a signed special
agreement on 6th February, 2003 as required under Article 36 (1) of the Statute of ICJ. By doing
this, they formally notified the ICJ on 24th July, 2003 of their request for the court to determine to
whom this sovereignty belonged of the two countries. Thus, the ICJ was only able to indulge in
such a case due to the fact that both parties to the case consented to that involvement.

‘The most obvious limitation of international law is the lack of an international sovereign some
form of international government. ‘Law’ in domestic terms is traditionally viewed as a set of
commands backed up by threats, such as the law against murder that carries the threat of a long
prison sentence. Domestic national or local laws both of which are called ‘municipal law’ have a
clear set of rules created by a parliament or congress, and police forces, courts and prisons to
ensure compliance. The rules are often unclear, there is no international parliament or congress,

11
ICJ GL No 130
no international police force. Interpol is an information-sharing organization rather than an
enforcement one, the international courts are weaker than domestic courts, and there is hardly any
system to enforce compliance with judicial decisions.

In the Case of Nicaragua V United States,12 Nicaragua brought a suit against the United States on
grounds that the US was responsible for illegal military and paramilitary activities in and against
Nicaragua. The jurisdiction of the international court of Justice to entertain the case as well as the
admissibility by Nicaragua's application to the ICJ was challenged by the United States. It's should
also be noted that in the case of France v Turkey,13 that a rule of international law which prohibits
a State from exercising criminal jurisdiction over a foreign national who commits acts outside of
the state national jurisdiction does not exist.

Second, international law is often out of date and tends to be Euro-centered. These twin matters
are derived from the evolution of international law. Because there has not been an international
government, there has been no central authority to ensure that international law is up to date.
International law has evolved haphazardly and has reflected the power of the world’s main
countries (until the middle of last century, they have been European) to enforce their thinking on
the rest of the world.

The International Court of Justice is the judicial organ of the United Nations and the preeminent
international court, but its caseload is light hit and has declined over the long term relative to the
number of states. This will examine evidence of the ICJ’s decline, and analyze two possible
theories for its decline. The first is that states stopped using the ICJ because the judges did not
apply the law impartially but favored the interests of their home states. The second is that the ICJ
has been the victim of conflicting interests among the states that use and control it. The ICJ's
rulings are final and without appeal, but it has no way of enforcing them to.

The ICJ declined because states could not trust judges to apply the law impartially. Instead, the
judges applied the law in a way that favored the interest of their home states or reflected cultural
prejudices. The second argument is that the ICJ declined because it could not, please major powers,

12
ICJ 1984 ICJ 39.
13
PCIJ No. 10 (1927).
which would not allow themselves to be defied, while also maintaining the loyalty of minor
powers, which always suspected that the ICJ would be a puppet of the major powers.

Article 59 of the ICJ states that the decision of the Court has no binding force except between the
parties and in respect of that particular case. This has led to may pending cases that are still ongoing
some with no proper direction of justice examples of cases are Alleged violation of Maritime
spaces in the Caribbean sea Nicaragua V Colombia from 2013 up to 2022,14 Armed activities on
the territories of Congo in Democratic Republic of Congo V Uganda (supra) since 1999 -2022,
Maritime delimitation in the Idea Ocean Somalia V Kenya15 from 2014-2021, Application of
international Convention on elimination of all racial discrimination c from 2018-2021 among
others that strongly still on going.

WTO takes too long to arbitrate and settle disputes - it can take over five years from the initial
receipt of a complaint from one member to the final panel ruling. Despite the WTO operating as a
multilateral organization, many member countries and trading blocs favor bilateral discussions
with partners or competitors. This is because bilateral negotiations can be fully focused and
relatively quick to complete. The result is that many countries prefer to bypass the WTO process,
and deal directly with other countries. The failure of the most recent round of WTO negotiations,
the Doha round, is widely regarded as evidence of the inherent problems of multilateral
discussions. For over 30 years, developed countries ignored General Agreements on Tariffs and
Trade principles and restricted developing-country exports of textiles and clothing. WTO rules on
dumping, safeguards and subsidies have been misused. Liberalization of trade in services has
achieved little so far.

The slow processes of intergovernmental negotiation, and the need for consensus agreement, mean
that the WTO can rarely make rapid or controversial decisions. Nevertheless, interest in the WTO,
has suffered a number of Ongoing disputes that are also still pending and these include Peru
Antidumping and countervailing measures on Biodiesel from Argentina, Europe Union Measures
concerning the importation of Citrus fruits from South Africa, United Kingdom measures relating

14
ICJ GL No 124.
15
I.C.J. Reports 2017, p. 3.
to the allocation of contracts for difference in low carbon energy generation, China measure
concerning trade in goods and services among others that are still on going.

In Conclusion Public international law has attained its objectives because it governs the behavior
of the several subjects of international law, including States. Public international law reinforces
the principle of sovereign equality among all States. However, the criticism is that there can be no
international law unless it is accepted that, on some matters at least, states must be irrevocably
subject to an authority other than their own; the possibility of subjection to an external authority
must be viewed as a necessary requirement for even minimal international law.
 BIBLIOGRAPHY.

 Statutes.

ICJ Statute.

 Treaties

Meslim treaty

The treaty of Kadesh

Westphalia Peace treaty.

Vienna Conventions.

 Case Law
 Books and Journals.