PUBLIC INTERNATIONAL LAW

UNITED NATIONS (UN)

1. Establishment: Founded on 24 October 1945 after WWII to promote peace,
security, and cooperation among nations.

2. Headquarters: Located in New York City, USA.

3. Primary Objectives:

o Prevent conflicts and maintain international peace.

o Promote human rights, social progress, and better living standards

globally.

o Foster international cooperation to solve global issues.

4. Main Organs:

o General Assembly: All member states participate; focuses on

policymaking.

o Security Council: Maintains peace and security; has 5 permanent members

(USA, UK, Russia, China, France) and 10 non-permanent members.

o Economic and Social Council (ECOSOC): Works on economic, social, and

environmental issues.

o International Court of Justice (ICJ): Resolves disputes between states;

located in The Hague, Netherlands.

o Secretariat: Led by the Secretary-General; oversees UN operations.

o Trusteeship Council: Established to manage trust territories, now inactive.

5. Specialized Agencies:

o Examples include WHO (World Health Organization), UNESCO (United

Nations Educational, Scientific and Cultural Organization), and IMF
(International Monetary Fund).

6. Key Achievements:

o Adoption of Universal Declaration of Human Rights (1948).

o Millennium Development Goals (MDGs) and Sustainable Development
Goals (SDGs).

o Peacekeeping missions in conflict zones.

o Climate change initiatives like the Paris Agreement.

UNITED NATIONS SECURITY COUNCIL (UNSC)

Role: Primary responsibility for maintaining international peace and security. It has
binding powers under the UN Charter.

1. Membership:

o 15 Members in Total:

▪ 5 Permanent Members (P5): USA, UK, Russia, China, France. They

have veto power.

▪ 10 Non-Permanent Members: Elected for 2-year terms by the General

Assembly, based on regional representation.

2. Powers and Functions:

o Investigates disputes or situations that might lead to conflict.

o Can impose economic sanctions, arms embargoes, or authorize military

intervention.

o Establishes peacekeeping operations and special political missions.

o Recommends admission of new UN members and appointing the

Secretary-General.

3. Decision-Making:

o Requires at least 9 affirmative votes out of 15, including concurrence of all

P5 members (veto rule applies).

4. Significant Actions:

o Establishment of tribunals for war crimes (e.g., ICTY, ICTR).

o Resolutions addressing global issues like terrorism, climate change, and

disarmament.
UNITED NATIONS GENERAL ASSEMBLY (UNGA)
1. Role: The deliberative, policymaking, and representative organ of the UN where
all member states have equal representation.

2. Membership:

o Composed of 193 Member States.

o Each state has one vote regardless of size or influence.

3. Functions:

o Discusses and makes recommendations on international issues within the

scope of the UN Charter.

o Elects non-permanent members of the Security Council, ECOSOC

members, and ICJ judges.

o Approves the UN budget.

o Oversees subsidiary bodies like committees and working groups.

4. Sessions:

o Regular Sessions: Begin every September at the UN headquarters in New

York.

o Special Sessions: Convened when needed, often to address pressing issues.

5. Decisions:

o General Assembly resolutions are non-binding but carry political and

moral weight.

o Requires a simple majority for decisions on most issues; critical matters

need a two-thirds majority.

6. Key Highlights:

o Adoption of major international agreements like the Universal Declaration

of Human Rights.

o Platform for global discussions on climate change, disarmament, and

sustainable development.
ECONOMIC AND SOCIAL COUNCIL (ECOSOC)
1. Role: Central platform for discussion and coordination of economic, social, and
environmental issues; promotes sustainable development.

2. Membership:

o 54 Member States, elected by the General Assembly for 3-year terms.

o Representation is based on geographical regions.

3. Functions:

o Coordinates the work of UN specialized agencies, like WHO, UNESCO,

and IMF.

o Discusses global issues such as poverty reduction, education, and climate

change.

o Monitors progress on Sustainable Development Goals (SDGs).

o Organizes key global forums, including the High-Level Political Forum on

Sustainable Development.

4. Decision-Making:

o Resolutions and recommendations are non-binding, but they influence

global policy.

5. Key Features:

o Acts as a bridge between the UN and civil society (NGOs).

o Promotes international partnerships for development.

TRUSTEESHIP COUNCIL
1. Role: Established to oversee the administration of trust territories as they
transitioned to self-governance or independence.

2. Trust Territories:

o Territories placed under UN supervision post-WWII.

o Most achieved independence by the mid-20th century.

3. Current Status:
o The Trusteeship Council is inactive since 1994, after the independence of
Palau, the last trust territory.

o It is still part of the UN structure and can be reactivated if needed.

4. Composition:

o Originally consisted of P5 nations and administering countries of trust

territories.

5. Historical Significance:

o Played a key role in ending colonialism and promoting self-determination.

INTERNATIONAL COURT OF JUSTICE (ICJ)

1. Role: The principal judicial organ of the United Nations, established to settle legal
disputes between states and provide advisory opinions on international legal
issues.

2. Location: The Peace Palace, The Hague, Netherlands.

3. Composition:

o Composed of 15 judges, elected for 9-year terms by the UN General

Assembly and Security Council.

o Judges represent major legal systems of the world and act independently,
not as representatives of their countries.

4. Jurisdiction:

o Contentious Cases: Resolves disputes between states that agree to its

jurisdiction (e.g., border disputes, treaty violations).

o Advisory Opinions: Provides legal advice to the UN and its specialized

agencies.

5. Key Features:

o Decisions in contentious cases are binding, but enforcement relies on the

Security Council.

o Advisory opinions are non-binding but carry significant moral and legal
weight.
6. Significant Cases:
o Nicaragua v. United States (1986): Landmark case regarding intervention and
sovereignty.

o Disputes over maritime boundaries under the Law of the Sea.

7. Limitations:

o Jurisdiction depends on state consent.

o No direct enforcement mechanism for its rulings.

RECOGNITION OF STATES
• Definition: Recognition is the acceptance of a new state as an international legal
person by existing states.

• Types of Recognition:

1. Expressed Recognition: Formal acknowledgment through declarations or

notifications (de jure recognition).

2. Implied Recognition: Recognition through actions or treatment without formal

acknowledgment.

3. Conditional Recognition: Recognition with specific conditions attached (e.g.,

democracy, human rights).

• Criticism: Conditional recognition is controversial; some argue it should not have

additional requirements beyond legal recognition.
Immigrants
• Definition: Individuals who move from one country to another, often for better
opportunities or to escape adverse conditions.

• Legal Status: Immigrant rights and status can vary widely based on national laws
and international agreements.
Refugees
• Definition: Individuals who flee their country due to persecution, war, or violence
and cannot return safely.

• Key Convention: The 1951 Refugee Convention outlines the rights of refugees and
the legal obligations of states to protect them.
Internally Displaced Persons (IDPs)
• Definition: People forced to flee their homes but remain within their country's
borders.

• Issues: IDPs often face significant legal and humanitarian challenges without the
same level of international protection as refugees.
Extradition
• Definition: The process where one country hands over a suspected or convicted
criminal to another country.

• Key Considerations: Extradition treaties detail the terms and conditions,

including the nature of the crime and legal protections.
Asylum
• Definition: Protection granted to individuals in a foreign country due to fear of
persecution in their home country.

• Process: Individuals must apply for asylum and prove their fear of persecution
based on race, religion, nationality, membership in a particular social group, or
political opinion.

MODES OF RECOGNITION
1. De Facto Recognition:

• Definition: A provisional recognition of statehood; it is a temporary

acknowledgment that does not guarantee full legal status.

• Characteristics:

• Can be conditional or unconditional.

• Granted when a new state has sufficient territorial control but lacks stability.

• Considered a test of control for newly formed states.

• States with de facto recognition are ineligible for United Nations membership (e.g.,
Israel, Taiwan, Bangladesh).

2. De Jure Recognition:

• Definition: A formal recognition of a new state that fulfills all essential

characteristics of statehood.

• Characteristics:
• Grants permanent status as a sovereign state.
• Can be given with or without prior de facto recognition.

• Example cases include the Soviet Union (de facto in 1921, de jure in 1924) and
Bangladesh (recognized by India and Bhutan in 1971, US in 1972).
Distinctions Between De Facto and De Jure Recognition:
1. Nature of Recognition:

• De facto: Provisional and factual.

• De jure: Legal and permanent.

2. Criteria for Granting:

• De facto: Granted on fulfillment of essential conditions of statehood.

• De jure: Granted when the state demonstrates full stability and control.

3. Precedence:

• De facto is a preliminary step before de jure recognition.

4. Conditional Aspect:

• De facto: Can be conditional.

• De jure: Non-conditional recognition.

5. Revocability:

• De facto: Revocable.

• De jure: Non-revocable.

6. Rights and Obligations:

• De facto: Limited rights and obligations.

• De jure: Full rights and obligations against other states.

7. State Succession:

• De facto recognized states cannot undergo succession.

• De jure recognized states can.

8. Diplomatic Immunities:

• De facto: Limited diplomatic immunities.

• De jure: Full diplomatic immunities.
Forms of Recognition
1. Expressed Recognition:

• Formal acknowledgment through official declarations.

• Typically equates to de jure recognition unless specified otherwise.

2. Implied Recognition:

• Acknowledgment through actions rather than formal declarations.

• Varies by case and demonstrates treatment as an international entity.

3. Conditional Recognition:

• Involves specific conditions that must be met for recognition.

• Additional conditions beyond essential characteristics can complicate legal status.

TREATIES
1. Definition:

• A treaty is an international agreement between sovereign states or international

organizations, including various forms such as agreements, covenants, protocols,
and conventions.

2. Nature and Purpose:

• Treaties are comparable to contracts, establishing binding obligations among

parties.

• Non-compliance can result in international liability.

3. Modern Treaties:

• Official written agreements that require signatures and are documented with a
preamble detailing objectives and articles listing substantive provisions and
dispute resolution mechanisms.

4. Types of Treaties:

• Bilateral Treaties: Involve two parties but can accommodate more.

• Multilateral Treaties: Involve multiple states outlining collective rights and

obligations.

5. Amendments and Reservations:

• Modifications can occur through formal amendments requiring re-negotiation or
informal changes via executive councils or supplementary protocols.

6. Enforcement & Interpretation:

• Some treaties are self-executing; others require domestic legislation.

• Interpretation of treaty language follows the "ordinary meaning" principle, with

potential recourse to international tribunals.

7. Termination of Obligations:

• Treaty obligations may end through withdrawal, breaches, or termination based

on significant circumstances.

8. Invalid Treaties:

• Treaties may be deemed void if based on ultra vires actions or contradicted by

peremptory norms.

9. Role of the United Nations:

• Treaties must be registered with the UN, ensuring that member obligations take
precedence; the adoption follows specified UN legal procedures.

10. Vienna Convention on the Law of Treaties (1969):

• Governs the regulation of treaties; entered into force on January 27, 1980.

• Outlines rules for adoption, ratification, and interpretation while providing for
dispute resolution through the International Court of Justice.

• Based on the principle of pacta sunt servanda (agreements must be kept),

emphasizing that treaties are binding in good faith.

11. US and the Vienna Convention:

• The US has not ratified the Convention but generally follows its provisions;
however, there is a conflict concerning treaty withdrawal authority between
Congress and the Executive branch.

GENERAL PRINCIPLES OF TREATIES IN INTERNATIONAL LAW

1. Definition of a Treaty
• A treaty is defined as a written agreement between states or international
organizations, governed by international law.
• The Vienna Convention on the Law of Treaties specifies that the definition of
treaties applies regardless of whether they consist of one or multiple instruments.
2. Scope of the Convention
• The Convention primarily addresses treaties between states and those entered into
by international organizations.

• It does not apply to agreements between international bodies and states or

between two subjects of international law, as outlined in Article 3. These
agreements maintain their legality but are not bound by the Convention’s rules.
3. Importance of Treaties
• Treaties play a foundational role in international law, fostering stability,
diplomatic relations, and international cooperation. They are essential for
maintaining peace and security globally.

• Historically, treaties date back to ancient civilizations, such as the agreements

between Hittite leaders and Egyptians around 1258 BC.
4. Historical Development
• Initially, treaties involved various ranks of officials and were often informal,
swearing by deities.

• Over time, treaties became more formalized and started gaining legal recognition
as states evolved and international organizations emerged.
5. Key Principles Governing Treaties
• Pacta Sunt Servanda: This principle means "agreements must be kept," requiring
states to perform their treaty obligations in good faith. It underpins the reliability
of international agreements.

• The principle is enshrined in Article 26 of the Vienna Convention, ensuring

binding obligations on signatories.
6. Execution of Treaties
• Treaties must be performed in good faith; states cannot ignore their commitments
arbitrarily.

• The principle also implies a moral obligation to adhere to agreements, ensuring

that relationships built on treaties are trustworthy.
7. Exceptions to the Principle
• Although "pacta sunt servanda" is a core tenet, there can be exceptions:
• Mutual Consent: Parties can agree to modify or terminate a treaty.

• Subsequent Treaties: New agreements on the same subject matter can override
previous treaties.

• Rebus Sic Stantibus: This doctrine allows for the termination of a treaty if
fundamental changes in circumstances occur.
8. Rebus Sic Stantibus
• This Latin phrase translates to "things thus standing," representing a doctrine
providing for treaty termination due to significant, unforeseen changes affecting
the treaty's fundamental basis.

• While allowing for flexibility in treaty obligations, this principle is tightly

controlled to prevent misuse and to uphold the integrity of treaties and
international law.

EXTRADITION
Extradition is the legal process whereby one country formally requests the surrender of
a person who is accused or convicted of a crime, allowing them to face trial or serve their
sentence in the requesting state. Extradition is essential for maintaining legal
accountability, especially when individuals flee to avoid prosecution or punishment.
Definition
• Extradition originates from Latin terms: 'ex' (out) and 'tradium' (give up), and it is
based on the maxim “aut dedere aut judicare,” meaning “either extradite or
prosecute.” This means that a state is obliged to either send back the fugitive or
hold a trial for the offense committed.
Key Principles of Extradition
1. Reciprocity
• Countries expect mutual cooperation in extradition matters. If one state extradites
an individual, it expects similar treatment in return concerning its citizens or legal
entities. This may also apply to acts of diplomatic courtesy.

2. Double Criminality
• The act for which extradition is requested must be a crime in both the requesting
and territorial states. For instance, if one state seeks extradition for an act that is
legal in the territorial state, the request can be denied.
3. Double Jeopardy
• A person cannot be extradited for a crime for which they have already been tried
and punished. This principle ensures that no one faces multiple punishments for
the same offense.

4. Speciality
• The requesting state is only allowed to prosecute the extradited individual for the
specific offense for which the extradition was granted. This principle prevents the
requesting state from trying the person for additional charges that were not part
of the original extradition request.
Prerequisites for Extradition
• Extraditable Persons: Certain individuals may not be extradited, including:

• Nationals of the territorial state: Most countries refuse to extradite their own
citizens. This is based on the principle of sovereignty.

• Political offenders: Many countries do not extradite individuals accused of

political crimes to avoid potential misuse of the extradition process for political
persecution.

• Persons already punished: Those who have already been convicted and served
their sentence for the same crime cannot be extradited.
Process of Extradition
• The requesting state seeks the extradition through diplomatic channels, often
based on an existing treaty between the involved states. The territorial state
evaluates the request and decides whether to comply based on its legal framework
and international obligations.

Extradition Cases Overview

1. Savarkar’s Case (1910)
• Background: Vinayak Damodar Savarkar was facing charges of treason and
murder in India. He was being transported from Britain to India aboard the vessel
Morea.

• Escape: While the ship docked in Marseilles, Savarkar escaped to France.

• Mistaken Action: A French policeman mistakenly apprehended Savarkar and
handed him over to British authorities without following the formal extradition
process.

• French Demand: Later, France requested the return of Savarkar to initiate proper
extradition proceedings.

• British Refusal: Britain denied the request from France. The matter was escalated
to the Permanent Court of Arbitration at The Hague.

• Court Ruling: The Court acknowledged the irregularities caused by the French
policeman but ultimately rejected France's demand for a new extradition
procedure due to a lack of existing international law governing such situations.
2. Vijay Mallya’s Case (2018)
• Background: Vijay Mallya, a prominent businessman, faced debts exceeding
₹6,000 crores owed to various Indian banks.

• Flight to UK: To avoid arrest, he fled to the United Kingdom in 2016.

• Extradition Request: India requested his extradition in 2017. His case was heard
by the Westminster Magistrate’s Court in London.

• Court Decision: In 2018, the court ruled in favor of extraditing Mallya to India.
However, his appeal to the High Court in London was rejected, and he has not yet
been returned to India due to ongoing legal processes.

• Legal Status: In 2019, he was declared a 'Fugitive Economic Offender' under the
Fugitive Economic Offenders Act, 2018.
3. Nirav Modi’s Case (2018)
• Background: Nirav Modi was a famous diamond jeweler implicated in a massive
fraud scheme involving Punjab National Bank (PNB), amounting to ₹11,400 crores.

• Financial Crimes: Modi and his wife allegedly secured fake Letters of
Understanding (LoU) to divert funds to overseas companies.

• Escape and Investigation: Following an investigation by the Central Bureau of

Investigation (CBI) and asset confiscation by the Enforcement Directorate (ED),
Modi fled to the UK and sought asylum.

• Interpol Notice: In 2018, a Red Corner Notice was issued against him.

• Extradition Request: An arrest warrant was issued by a Westminster Court, which

later ordered his extradition to India in 2021.
4. Re Castioni’s Case (1891)
• Background: A murderer escaped from Switzerland to England.

• Extradition Denial: The British government refused Switzerland's extradition

request.

• Court Ruling: The court ruled that the act was politically motivated, classifying it
as a political crime, thus exempting England from the obligation to extradite.
5. Re Meunier’s Case (1894)
• Background: A criminal fled from Paris to England after detonating a bomb in a
public area.

• Extradition Request: France requested England to extradite the fugitive.

• Court Ruling: Unlike in Castioni’s case, the court ordered England to accept the
extradition request as the crime was not deemed political in nature.

Short Notes on Jus Cogens and Statelessness

Jus Cogens
• Definition: Jus cogens refers to peremptory norms in international law that are
fundamental principles accepted by the international community, allowing no
derogation.

• Nature: These norms stem from Natural Law principles; any conflicting laws are
deemed null and void.

• Examples: Include serious international crimes such as slavery, torture, genocide,

war of aggression, and crimes against humanity.

• Relationship with Customary Law: While all jus cogens norms fall under
customary international law, not all customary laws are considered jus cogens.
States can deviate from customary law via treaties, but jus cogens norms are non-
derogable.
Statelessness
• Current Context: Over 70 million people are forcibly displaced due to war and
persecution, with significant numbers being refugees and asylum seekers.

• Definition: A stateless person is someone not recognized as a national by any

country, as defined under international law and outlined in the 1954 Convention.
• Notable Case: Merhan Karimi Naserri, an Iranian refugee, lived for 18 years in the
Charles de Gaulle Airport in France as a stateless individual.

• Causes of Statelessness:

1. Discrimination: Ethnic, gender, and descent-based discrimination inhibit women

from conferring nationality to their children.

2. Nationality Law Conflicts: Gaps in laws and procedures regarding nationality

acquisition.

3. State Succession: Changes in country status can lead to statelessness.

4. Voluntary Renunciation: Rare instances where individuals renounce their

nationality.

• UN Response: Post-WWII, the UN adopted conventions to protect refugees and

stateless persons, such as the 1951 Refugee Convention and the 1961 Convention
on Reduction of Statelessness.

• Recommended Measures: The UNHCR proposes strategies to prevent

statelessness, including ensuring every child is registered at birth and improving
nationality laws.

• Consequences for Stateless Individuals: Lack of access to basic rights including

voting, employment, education, and healthcare.

• Indian Context: The National Register of Citizens in Assam, which excluded 19

lakh individuals in 2019, exemplifies challenges connected to proving citizenship,
potentially leading to detention.

Settlement of Disputes in International Law: Detailed Notes

Understanding Disputes
• Definition: A dispute generally refers to a disagreement between two parties,
which can be over facts or legal points.

• Key Criteria:

• There must be opposing views from the involved parties.

• Disputes can arise on two grounds: political or legal.

Types of Disputes
1. Political Disputes:
• Often lack a legal framework for resolution and arise from conflicting national
interests or political ideologies.

• States may not want to resolve these disputes through legal means.

2. Legal Disputes:

• These require a resolution based on established law.

• The distinction between political and legal disputes is subjective and depends on
the states' perspectives.

• For example, in Nicaragua v. Honduras, the court's focus was solely on the legal
elements rather than any political implications.
Importance of Distinction
• Only legal disputes can be resolved under international law mechanisms.

• Legal aspects must be considered even if political elements are present, as noted
in the advisory opinion regarding the legality of nuclear weapons.
Resolution Mechanisms
• Article 36, Paragraph 6 of the ICJ Statute states that any determination of whether
a dispute is legal or not is to be resolved by the court.
Methods of Settling Legal Disputes
International law provides two principal types of dispute resolution methods:

1. Amicable (Pacifica) Means:

• Reflects international law’s aim to maintain peace and security.

• Examples:

• Negotiation: Direct discussions between parties to resolve the disagreement.

• Inquiry: A process to ascertain the facts of the dispute through an investigative

body.

• Mediation: Involvement of a neutral third-party to facilitate communication and

resolution.

• Conciliation: Similar to mediation, with more formal recommendations made.

• Arbitration: Disputes are submitted to a neutral third-party with authority to

make a binding decision.
• Judicial Settlement: Involves a formal proceeding before an international
tribunal, such as the International Court of Justice (ICJ).

• Use of Regional Agencies: Involvement of regional bodies to mediate or resolve

disputes.

2. Coercive (Compulsive) Means:

• These methods involve more forceful measures, potentially including sanctions or

military intervention if necessary.

• Less preferred due to the risk of escalating conflicts and undermining peace.
Relevant International Frameworks
• The Hague Convention of 1899 sets forth guidelines for the peaceful settlement of
disputes.

• The UN Charter, particularly Article 2, Paragraph 3, emphasizes the need for all
member states to settle disputes peacefully to maintain international stability and
justice.

• Article 33, Paragraph 1 of the UN Charter lists various peaceful means to resolve
disputes actively.

GENEVA CONVENTION RELATING TO TREATMENT OF CIVILIAN

PERSONS IN TIMES OF WAR
1. Right to Leave:

• Opposing aliens may leave a nation during wartime, provided it does not conflict
with the interests of the belligerent nations.

• They can take essential capital and personal goods with them.

2. Treatment of Enemy Aliens:

• Enemy aliens should be treated as within the parameters established during the
war, especially concerning national security.

• They are required only to perform duties comparable to those expected from
residents of the host nation and should not be forced into military-related actions.

3. Detention and Security:

• The detention of enemy aliens is permissible only when absolutely required for
the security of the detaining authority.

4. Non-Discrimination:

• Article 44 prohibits treating aliens solely based on their nationality concerning

actions stated in the convention.

• Protected persons cannot be transferred to countries not party to the convention.

5. Repatriation Provisions:

• Provisions do not hinder the repatriation of protected individuals or their return

post-hostilities.

• Individuals shouldn't be moved to nations where they might face persecution for
political or religious reasons.

6. General Rights under Articles 27-33:

• Applies to individuals both in belligerent and occupied territories.

• Ensures respect for personal dignity, honor, religious practices, and family rights.

• Prohibits coercion for information extraction and measures leading to physical

suffering or extermination.

7. Prohibitions:

• Collective punishments, intimidation, or terrorism against protected persons are

expressly forbidden.

8. Role of the Red Cross:

• The International Committee of the Red Cross and National Red Cross Societies
must be provided the necessary facilities to carry out their humanitarian tasks,
considering military and national security constraints.

Mediation, Good Offices, and Conciliation in International Dispute Resolution

1. Mediation:

• In mediation, a third-party known as the mediator intervenes to assist the

disputing parties in reaching an agreement.

• The mediator is expected to be impartial and just, actively participating in

discussions and providing views or suggestions that facilitate resolution.
• The mediator can play a crucial role in finalizing agreements and may help in
signing treaties that capture the settlement reached.

• A notable instance of mediation occurred when Soviet Premier Alexei Kosygin

brokered the Tashkent Agreement in 1966, resolving disputes between India and
Pakistan.

2. Good Offices:

• Unlike mediation, which requires the mediator's active involvement in the

process, good offices involve a third party facilitating meetings or discussions
between disputing parties without direct engagement.

• The role of the third party in good offices is to create an environment conducive
to dialogue and settlement, but they do not take part in the negotiations
themselves.

• This method is utilized when direct negotiations fail, and it includes efforts like
arranging meetings.

• An example of good offices in action is when UK Prime Minister James Harold

Wilson assisted in resolving the Kutch issue between India and Pakistan, as well
as the Security Council's involvement in the 1947 dispute between Indonesia and
the Netherlands.

3. Conciliation:

• Conciliation involves the appointment of a commission or committee to

investigate the facts surrounding a dispute and provide a report aimed at
achieving a peaceful resolution.

• Unlike mediation where decisions may arise from negotiation and discussion,
conciliation results in recommendations that are not binding on the parties.

• This method is characterized by an effort to facilitate compromise, yet it solely

relies on factual reporting rather than adjudicating or forcing an outcome.

• Conciliation commissions can be either permanent or ad hoc and stem from

concepts introduced in the 1899 and 1907 Hague Conventions focused on peaceful
dispute settlements.

• The General Assembly and the Security Council have the authority to establish
such commissions under their respective articles.
Provisions of the United Nations Charter Relevant to International Peace and Security
1. Article 1:

• This article establishes the primary objective of the UN to maintain international

peace and security. It outlines the mandate to create regulations aimed at deterring
threats to peace and prohibiting acts of aggression or any acts that would
compromise peace.

2. Article 2(4):

• This provision prohibits member states from threatening or using force against the
sovereignty or territorial integrity of any nation, reinforcing the collective
commitment to non-aggression and the adherence to the principles of the UN.

3. Article 11:

• The General Assembly (UNGA) is empowered to assess cooperative principles for

the maintenance of international peace and security. It can address any issues
related to peace and security brought to its attention by member states, thus acting
as a forum for discussion and potential resolution.

4. Article 24:

• This article designates the Security Council (UNSC) as the principal organ
responsible for maintaining international peace and security on behalf of the UN
members. It emphasizes the necessity for timely action in conflict situations and
outlines the obligations of the UNSC in executing its responsibilities.

5. Article 51:

• Article 51 safeguards the inherent right of self-defense for member states in the
event of armed aggression until the UNSC takes necessary measures to restore
peace. It stipulates that any self-defensive actions must be reported to the UNSC,
ensuring accountability and a collective approach to security.

6. Article 96:

• This provision allows the UNGA or UNSC to request advisory opinions from the
International Court of Justice (ICJ) on legal questions that fall within their
competencies. This serves to enhance the legal certainty and coherence of UN
actions and decisions.

Role of the General Assembly in Peaceful Settlement of Disputes

1. General Powers for Peaceful Settlement:

• Although the General Assembly (GA) lacks the authority to settle disputes
through specific means, it possesses a broad mandate to discuss issues related to
international disputes (Article 11, para 2 of the UN Charter). The GA can make
recommendations (as per Article 14) intended to help disputing parties reach
peaceful resolutions. This reflects the Assembly’s role as a forum for dialogue and
suggestion rather than a binding decision-maker.

2. Historical Initiatives:

• In 1974, the GA encouraged member states to utilize the mechanisms available

under the UN Charter to resolve disputes peacefully, emphasizing the importance
of cooperation and adherence to international norms.

3. Manila Declaration (1982):

• The Manila Declaration affirmed the commitment of states to seek peaceful

resolutions to disputes, fostering good faith and cooperation among nations. This
declaration underscored the freedom of states to fully engage with the United
Nations to advance peaceful dispute resolution.

4. Declaration on Prevention and Removal of Disputes:

• Approved by the Assembly, this declaration aimed to address threats to

international peace and security. Key provisions included:

• Foreign Ministers' Meetings: The Security Council may convene meetings of

Foreign Ministers to discuss disputes.

• Role of the Secretary-General: The Secretary-General should act as a rapporteur

for specific disputes and engage with concerned states early on to prevent
escalation.

• Fact-Finding Activities: Early intervention through fact-finding missions was

highlighted as a method to address issues before they developed into conflicts.

5. Fact-Finding Activities (1991):

• Following a call to prioritize strategies for maintaining peace, the GA adopted a

declaration promoting the importance of fact-finding missions. These missions,
led by the Security Council, the Assembly, or the Secretary-General, were aimed
at facilitating peaceful conflict resolution and reinforcing the UN's role in
peacekeeping.
INTERNATIONAL HUMANITARIAN LAW (IHL)
1. Definition:

o A body of international rules and principles designed to limit the effects of

armed conflict.

o Protects individuals not participating in hostilities (e.g., civilians, aid

workers) and restricts the means and methods of warfare.

2. Principles of IHL:

o Humanity: Protecting human dignity and reducing suffering.

o Distinction: Differentiating between combatants and civilians.

o Proportionality: Avoiding excessive damage or harm.

o Military Necessity: Actions must be necessary for achieving military

objectives.

o Non-Discrimination: Equal treatment for all persons, regardless of

nationality or affiliation.

3. Core Treaties:

o Geneva Conventions (1949):

▪ Four conventions covering the protection of wounded soldiers,

prisoners of war (POWs), and civilians.

o Additional Protocols (1977):

▪ Protocol I: Enhances protection for victims of international armed

conflicts.

▪ Protocol II: Addresses non-international armed conflicts.

o Hague Conventions:

▪ Focus on conduct of warfare and protection of cultural property.

4. Key Protections:

o Civilians, medical personnel, journalists, and aid workers.

o Restrictions on weapons that cause unnecessary suffering (e.g., chemical

weapons, landmines).

o Protection of humanitarian access to conflict zones.

5. Enforcement Mechanisms:

o International Criminal Court (ICC): Prosecutes war crimes and crimes

against humanity.

o National Courts: States implement IHL domestically.

o Monitoring Bodies: E.g., International Committee of the Red Cross (ICRC).

6. Challenges:

o Non-compliance by states or non-state actors.

o Applicability to modern conflicts involving terrorism and cyber warfare.

o Ensuring accountability and justice for victims.

ALL THE BESTUM BEST!!