Have Recent Conflicts Increased or Decreased the Force of International Law - Essay Example

Name: Topic: International law Institution: Instructor: Date of submission: Have recent conflicts increased or decreased the force of international law? International law For decades, the war on terror and conflicts has been the subject of debate among many states across the world. The international law along with other humanitarian law has been in the forefront of fighting such atrocities against innocent civilians. This is because, under the international criminal law, all persons are subject to criminal responsibility for universal cries regardless of national law. The international law was first developed in Europe back in the 17th century, today; the law is widely used by almost all nations across the world in solving both internal, as well as external conflicts (Australia, 2013, 07). The rules and principles that govern the international law are increasingly significant in the functioning of many independent nations including Australia. However, the international law lacks compulsory enforcement such as an international police to oversee the adherence to international standards of behavior among nations. As a result, various specialized courts, tribunals, as well as treaty monitoring bodies including international court of justice have been in place to help to justice to those who tend to violate against humanity (Taylor and Francis Group 2013, 67). Australia (2013, 15) state the International law is entails a set of universal systems that consist of rules an principles regarding the relations that exist between sovereign states and global organizations including the united Nations. Although the international law is often made between countries or in relation to countries, its impacts are broader and can affect other entities. Sometimes these entities are referred to as non-State actors and may often include individuals, corporations, militant groups among other groups that wish or intent to break away from a given state or a collective group of individuals such as minorities and indigenous people. In addition, national laws and courts are significant with regard to the enforcement and implementation of the international law in several countries. Generally, the law is enforced through various methods including national implementation, public pressure, conciliation, diplomatic negotiation, judicial settlement, and arbitration among others. However, in some instances, international security Council tend to use coercive economic sanctions or armed force as a way of preventing further conflicts within countries or across the borders (Air Force Research Inst, 2012, 35). Australia along with many other countries such as U.S, Britain and japan, are greatly committed to support and to enforce the international law, which has led to the decrease of terrorisms and war, conflicts in many countries the globe. For decades, the international law has been used by these countries in promoting stability and predictability of relations with other countries. Such as the Syrian and Vietnam wars. On the contrary, for some crimes, the prohibited acts are clearly related to the internationally regulated act such as war. In such instances, international law includes global humanitarian law which forms part of the universal law on war. However, sometimes, states do no need to the international aspect to constitute an international crime especially in cases where the acts are inherently shocking to the fundamental values of humanity. For instance, torture as well as apartheid was once regarded as purely domestic matters. Nevertheless, the international community has outlawed them even though neither affects the peace as well as security of humanity in the real sense (Australia, 2013, 57). The international law plays an active role in assisting to build and enhance the United Nation’s capacity to antagonize terrorism in all its forms. Australia has continuously assisted to nations to help them endorse and implement the Rome Statute. It has also contributed to the continuity of Court’s Trust Fund for the Participation of a number of least developed Countries. It has also been a leading advocate for the implementation of provisions on the crime aggression during the 2010 ICC review Conference for the victims. Moreover, international cooperation has been crucial in addressing cases of terrorism worldwide. Australia along with other nations under the rule of international against terrorisms deployed more than 20000 personnel in Iraq between 2003 and 2009 as part of their contribution to the American-led Multinational force to create a secure, as well as stable environment for the Iraq people. Through the international law, forces from other nations become key security forces by training local forces to take responsibility for their local security. For example, under the operation of the CATALYST, which is spearheaded by Australia and America in fighting against war in Iraq, the Australian Armey Training situated in Iraq spearheaded the rehabilitation of the Iraq nation after many years of war with its neighbors. Similarly, the international law has been of key benefit in fighting against armed conflict that has continuously led to massive loss of lives in Afghanistan. America came up with an agency known as Operation enduring freedom which is responsible for fighting against the Taliban groups in Afghanistan. The agency was based on the principles and standards of the international law. Moreover, the international security assistance Force (ISAF) under the international law, aims at assisting the Afghanistan Transitional Authority in developing as well as sustaining a safe and secure environment in both Kabul and its surrounding regions. This agency was developed in 200, after being authorized by the United Nations Security Council resolution 1386 along with successive resolutions. In 2010, The NATO also made its strategy clear by stating that it is more than willing to hand over its control over the security matters to Afghanistan forces as long as the country is willing to comply to the international criminal law by 2014. However, Afghanistan experienced one of its bloodiest year in 2011, after more than 3,000 civilians were killed. As a result, in 2012, the NATO leaders concluded that they were still willing in supporting the Afghanistan security forces even after hand over. They aimed at attaining outcomes as well as serving both national and global interests. Moreover, more conflicts between Ukraine and Russia over Crimea also called for increased adherence to international law following the massive killings. Although some military troops were legally in Crimea under an existing treaty, their major troop movements, as well as an increased number of troops requires consent from the Ukraine government. This has, therefore, led to the intervention of the international law agencies in preventing Russia from using forceful takeover over the Crimea. This has been one of the major causes of conflicts that have continuously led to escalated war between the two nations, therefore, leading to death of civilians. According to the US Sectary of State, Russia was simply violating the international law by invading another nation, hence making the situation worse (University Of Queensland (Saint Lucia, Qld, 2013, 44) The determination by the international law has ensured that the Russian government is prohibited from affecting the law of occupation in CRIMEA. The International Human Rights Watch, under its enduring policy of laws or armed conflict, has remained neutral by protecting civilians from both territories. The international law has also ensured that Russians troops are prohibited from carrying out collective penalties, as well as reprisals against people in Crimea. The law also states that, an occupying power is responsible for restoring as well as ensuring that public order and safety is upheld as far as possible while respecting the occupied state’s laws in force. The conflicts have increased the use of international by protecting the people in civilians living the area from hostages by punishing those who engages in such as crimes. Moreover, the third and fourth UN conventions require that both Ukraine and Russia to allow access by the ICRC as well as other relief agencies to the prisoners-of-war as well as international civilians do. Under the international law, the ICRC must be allowed on a regular basis to access anyone who may be deprived of their liberty in order to monitor the conditions of their detention as well as to help in uniting with their families. The international agencies operating under the international humanitarian laws facilitate such visits and have full liberty to identify places they would like to visit and interview the detained persons confidentially. Both Ukraine and Russia are parties to a number of international human rights accords, including international law on civil and Political Rights. These treaties clearly guarantees civilians fundamental rights, which often corresponds to the rights that permit civilians to become entitled to right to life , prohibition of inhuman treatments and torture, non-discrimination, liberty, due process, as well as security of persons. Through such laws, the crisis in the conflict between the two nations has been working hard to comply with the international law hence preventing more harm to the civilians. The Ukraine government has filed the Russian government after invading and killing innocent civilians in Crimea. Upon receiving the case, under the international law, the European court came up ways of preventing such violations. The court also called upon both parties from refraining in using any military forces including putting the lives as well as the health of the innocent civilians at risk. The court emphasized that both parties should obey their engagements under the Concentration rights that prohibit them from engaging in inhuman or degrading treatments of civilians the (University Of California, 2013, 66). Following their long experience, the international court operating under the international, has increasingly attempted to influence behavior during non-international armed conflicts in different countries. The international law prohibits acts of armed conflicts that are often committed against innocent civilians. Under the law, the international agencies including UN become more effective in addressing various issues facing the affected states as well as the underlying issues that lead to such conflicts. Along perspective of such agencies include essential long-tern follow ups that are often conducted in order to get to identify the main cause of the conflicts and bring justice to the affected civilians. During the conflicts, under the international law, the agencies encourage and help the nations in putting their commitments to the international law into practice. For example, the international agencies including UN remind countries that have in the past been engaged into wars such as Russia, Israel, Iraq, and Ukraine among others in complying with international law when addressing their conflicts (US Army War College 2013, 10-11). The ICRC does through ongoing process of bilateral dialogue, which includes monitoring, and reporting any rights committed against humanity. Moreover, the ICRC’s under the international law has often involved in disseminating information on international humanitarian law during conflicts to help reinforce and make known the rules of the law. This also builds foundations for engaging in discussions with the affected nations and civilians concerning respect for the law. In particular, these activities are often aimed at addressing those individuals or groups who often engage in behaviors and acts that are more likely to promote ICRC actions (the University Of Calgary, & Canadian Defence and Foreign Affairs Institute, 2013, 45). Chang et al., (2013, 20) also affirms that the increased production of weapons of mass destruction has also increased international law enforcement on the disarmament of nations that engage in manufacturing and using such weapons. The international law has remained unquestionable on its firm ground in its commitments in prohibiting such acts. The international law has also remained open to the discussion on the sanctions and agreements with respect to the maintaining the worth of the human person through forbidding using such weapons during conflicts (Institute of Southeast Asian Studies 2013, 77). Under the law, many nations including Australia, Greece, and U.S among other nations have formed treaties that highly prohibit any country such as Syria and Korea from manufacturing such weapons given the real danger that comes with it. I, therefore, agrees with Mahatma Gandhi when he once said that ‘‘there must a higher law in the society than that of destruction’’. It is only under the international law that will conflict and crime against humanity become history. In short. The international law, the United States interests on the Eastern Mediterranean security has ensured in sustaining regional stability, preventing the use of weapons of mass destruction, supporting Israeli security, promoting democratization as well as avoiding havens for terrorist Australian Institute of International Affairs, 2013, 14-15). Conclusion With the increasing conflicts, production of weapons of mass destruction, failing and weak states, international law is becoming a key aspect in promoting peace and protecting civilians across the world. The approach to the international law tends to mirror to the pragmatic approach to both foreign and trade policies. The law also acts as ‘‘a means to an end, and not just end in itself’’. Therefore, the world is continuously aiming at creating an international law that is significant in the face of collapsing nations, terrorist groups that often work any universal norms, the increasing of weapons of mass destruction and the threats postured by rogue nations. The United states have also been adamant in preventing the escalating of Syrian civil war beyond its borders and destabilizing the entire region. Moreover, under the international law the world is working at preventing such a pivotal nation like Syria, Russia, and Ukraine from disintegrating entirely especially during conflict by increased adherence to peace among nations. Bibliography Air Univ Maxwell Afb Al Air Force Research Inst. (2012). Air & Space Power Journal (ASPJ). Volume 26, Number 6. http://oai.dtic.mil/oai/oai?&verb=getRecord&metadataPrefix=html&identifier=ADA567655. Australia (2013). Australian Army journal. Melbourne, Printed and published for the Directorate of Military Training by Wuke & Co. Australia. (2013). Australian Army Chaplaincy journal. Australia. (2013). Australian defence force journal. Canberra, Dept. of Defence. http://www.defence.gov.au/pacc/dfj/. Australian Institute of International Affairs. (2013). Australian journal of international affairs. Canberra, A.C.T., The Institute. Chang G., McDevitt M., Palley T., Weitz R..., (2013). The Journal of International Security Affairs, 2013. Volume, 38. 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