Thursday, December 14, 2023

International Law

 


In the news, with all the strife in the world, reports of indiscriminate bombing, torture, terrorism, murder and mayhem, the public cry for justice for these are international laws that are broken.

 

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.

 

With origins tracing back to antiquity, states have a long history of negotiating interstate agreements. An initial framework was conceptualized by the Ancient Romans and this idea of jus gentium has been used by various academics to establish the modern concept of international law. The sources of international law include international custom (general state practice accepted as law), treaties, and general principles of law recognized by most national legal systems. Although international law may also be reflected in international comity—the practices adopted by states to maintain good relations and mutual recognition—such traditions are not legally binding. The relationship and interaction between a national legal system and international law is complex and variable. National law may become international law when treaties permit national jurisdiction to supranational tribunals such as the European Court of Human Rights or the International Criminal Court. Treaties such as the Geneva Conventions require national law to conform to treaty provisions. National laws or constitutions may also provide for the implementation or integration of international legal obligations into domestic law.

 

From days of yore, our species have proven to act in operant behavior to one another, so we declare ‘right’ from ‘wrong’ for preservation.  

 

We have even created mystical powers to command us not to do harmful things like killing each other. Check the Good Book.

 

Like most laws, we somewhat obey the idea until it becomes inconvenient. If you are caught, how are you punished?

 

     International adjudication takes the form of either arbitration by an ad hoc tribunal, or judicial settlement by an international court. Arbitral tribunals are convened by the agreement of the parties to address a specific dispute.

 

There is the local judge who may proceed over your speeding ticket or decide the punishment for some unlawful occurrence. It is his/her interpretation of what is written in the book.

 

For greater offenses, a jury of your peers maybe assembled to listen to the pleas for repentance against the crime. The verdict can be swayed by the opinion of the time and place, independent of the written word.

 

When a state law is broken, there is a higher court to make a judgment. When a federal law is broken, there is a supreme court to rule. When there is an international law broken…

 

The United Nations can vote for offense to stop but it must be agreed upon by all. They can send in blue helmet troops as peacekeepers, but without enough force to eliminate the disruptions. The World Court can apply sanctions or create tribunals, but the criminals must attend and face the consequences. Who is the International Police Force to arrest them?

 

The daily body count we hear on the news (there are more than that) breaks our hearts, especially during the celebration season of giving. Our fantasy creations and mystical tales give hope and gifts while we over consume, though others will receive funerals.

 

In a few days, the lights will come down, the inflatables will be stacked away in the garage, the mounds of colored paper in the landfill and the music stored away until next year. After over indulgence drinking and kissing your current main squeeze, we will wait for climate changes within our control but too difficult to adapt to.

 

Who writes the International Laws for common sense?

No comments: