International & Comparative Law

LL5304 – INTERNATIONAL &
COMPARATIVE LAW
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TABLE OF CONTENTS
Question 1..................................................................................................................................3
Question 2..................................................................................................................................5
Question 3..................................................................................................................................8
Question 4................................................................................................................................10
Bibliography.............................................................................................................................13
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QUESTION 1
International law identifies many international offences for instance genocide, war crimes,
violence and offences against humanity. Among all these crimes, genocide grabs more
attention. Further, when the accusations related to genocide takes place, the world picks up its
ears1.
Subsection 4 of section 2 of United Nations, forbids excersing force against defensive
integrity or political independence of nations. Further, article 2 (3) obliges that all interstate
quarrels are to be resolved in a peaceful manner2.
International legal practices restrain swift action and oblige extensive consultation,
particularly in the United Nation Security Council, prior to taking steps. It is argued that the
international legal system involves some benefits that are it may confer authenticity and assist
in synchronizing the efforts of the military as well as non- military in order to avert
atrocities3. There are some measures to enhance the current legal regimes. In order to
implement the same sturdy but nuanced support is required to prevent as well to work with
other permanent associates of UN Security Council to discourage the utilisation of vetoes in
mass atrocities.
The primitive goal of internatioanal law is to foster international coorporation, peace secutirty
and cordial relations among different nations across the globe. Howerver, conflicts taking
place internally poses the risk to international order and growth globally4. Recently, the
Responsibility to Protect (R2P) gets recognition as an budding norm of international law that
1NoëleCrossley. Evaluating the Responsibility to Protect: Mass atrocity prevention as a
consolidating norm in international society.(Routledge, 2016).
2JohnQuigley. The genocide convention: An international law analysis. (Routledge, 2016).
3ChristineGray. International law and the use of force.( Oxford University Press, 2018).
4Charles AndertonH., and JurgenBrauer,eds. Economic aspects of genocides, other mass
atrocities, and their prevention. (Oxford University Press, 2016).
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enjoins the international community to interfere in the cases when nations are not protectinf
their citizens from mass atrocity.5
Furthermore, clashes taking place within the country brings threat to the international order
and worldwide growth. Hence, the responsibility to protect (R2P) principle gets identification
as a budding norm of international law which directs the international community to
intercede when nations not succeeds to prevent their inhabitants from mass atrocity. The
same can be observed in the present case as President of Gulin called the DFD that is Dotas
for democracy as a dangerous and organisation. He promised that he would find all the
members of DFD, house by house and torturing them and their members of the family to such
an extent which results in death.
Further, the legality of using force to protect the offences related to atrocity falls under the
governing body of law when states might reinstate to force that is just and bellum6. The same
is established from state practice to the modern day U.N. Charter framework. It is broadly
held as an issue under international law, employing military force against or in other states is
not allowed except for in self-protection or when approved by the UN Council. It is
considered that preventions can save many individuals from going through the horrors of
atrocity crimes as well as in saving the money.
Moreover, the International law must continue to forbid the intercession absent UN Security
Council authorization. At the same time it is considered that in a few exceptional situations,
interference without that endorsement has to be acceptable by ethically as well as politically.
Thus, considering the same in the present case, Dotas does not have the right to break with
Gulin as the mass atrocities are done with the approval of the president. Persuasive power of
legality connects the international law and norms to political will; all viewers recognise as
crucial in dealing with mass atrocities. Furthermore, it assists in synchronising the diplomacy
by which the policies related to deterrence are established as well as executed. In formulating
global or regional security forums, such as law assists in determining the procedures by
5Ekkehard Strauss. "The UN Secretary-General’s Human Rights Up Front Initiative and the
Prevention Of Genocide: Impact, Potential, Limitations." Genocide Studies and Prevention:
An International Journal 11.3 (2018): 8.
6Cristina Badescu G. "The Responsibility to Protect: embracing sovereignty and human
rights." Negotiating Sovereignty and Human Rights. (Routledge, 2016).pp- 93-110
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