International Law - Assignment Example

In this regard, obligations erga omnes should be accepted as international law due to the fact that they are based on natural law which must be observed and respected by all states, regardless of jurisdiction5. In this regard, Francisco (33) this kind of law takes precedence over treaty law where international law is concerned due to its nature and the need to protect the basic human rights. It also helps states to be accountable with regard to their actions and this in turn promotes peace6. .

7 This is an indication of just how important it is for states to look at these universal obligations as international law8. Treating these obligations as international laws is important for states as it not only also protects them from abuse by other states, but sets clear precedent as to how they should treat other countries and their citizens in cases where there are no clear lines of actions9. A good example of where this is applicable is the issue of torture which is now interminably regarded as illegal in the face of international law10.

As Christian (95) says, it is necessary for all states to understand their legal obligations towards each other in order to have a harmonious existence as the international community. . This is also echoed by Christian13 who also argues that all states must be able to follow the protocols of international law even in cases where there are no clear guidelines. According to him, where there are no clear guidelines, states must look at the fundamental human rights and use them as the beacon14. International treaties and statues such as the Rome statues are based on this kind of legal precedence that is grounded on the application of universal natural human rights15.

Basic human rights are fundamentally international law as every human being is entitled to these rights regardless of where they are16. The Rome statues for instance looks at the rights of soldiers who are captured at war and the captor country is, under the Rome Statue, not allowed to torture the captives as this is an aggravation of basic human rights17. As Francisco (205) says, international humanitarian law is based on the fact that a violation of this law towards even one individual is a violation of the same towards all mankind.

This is predicated by the same declaration with regard to slavery and marine piracy which, when committed is seen under international as a violation not only to the circumstantial victims but also to the rest of mankind18. The violation of the basic human rights such as the deprivation of dignity, the denial of due process etc, to one individual is seen as an undermining of human life all over the world19. Bibliography Andre, Hoogh. Obligations Erga Omnes and International Crimes: A Theoretical Inquiry Into the Implementation and Enforcement of the International Responsibility of States.

Leiden: Martinus Nijhoff Publishers,