Dec 19, 2011
International Law in 2011
While, there probably has never been a year that has not been ‘interesting’ for modern international law, the past twelve months has seen several developments which were entirely unpredicted this time last year. This post aims to give a general overview of the various developments in international law over the past year. While significant events such as Libya and the Durban environmental conference, particularly Canada’s decision to leave the Kyoto Protocol to reduce carbon emissions, have dominated the news, a number of other significant events have also contributed to an absorbing year for international law. The events chosen here are mainly picked based on their impact on the development of international law at a general level, more specific developments in particular human rights fields are left for those more expert in their fields to discuss.
At the United Nations the suspension of Libya from the Human Rights Council, the attempts of Palestine to become a member as well as its successful application to join UNESCO, the establishment of a Special Rapporteur for Transitional Justice, as well as the annual General Assembly speeches and the usual Security Council wranglings regarding sanctions on Iran were dominant.
Osama Bin Laden death in a compound in Pakistan raised a number of important international legal questions relating to counter-terrorism, international justice, the nature of international and internal armed conflicts and extra-territorial and judicial killing. The ongoing conflict in Afghanistan continued to raise important issues regarding human rights and humanitarian law. The possibility of talks with the Taliban and their role in any future government within the state also increased in coverage as the possibility of foreign troops withdrawing became closer. The last US troops to leave Iraq while sectarian violence continues, though it did not attract much media attention it did see the close of one of the most divisive episodes of recent years in international law.
The Arab Spring also raised a number of important international law issues, particularly and most obviously the use of force to protect human rights. The passage of Security Council Resolution 1973 and particularly the re-invigoration of the responsibility to protect introduced an interesting precedent for the use of force by the UN and regional forces such as NATO, the indictment of Gaddafi before the ICC and the ongoing case regarding Saif Al-Islan Gaddafi raised important issues regarding complementarity and the role of bodies such as the International Criminal Court in transitional societies. The actions of the Arab League regarding the Arab Spring and in particular the steps taken against both Libya and now Syria has raised interesting issues regarding the role of regional bodies in enforcing and sustaining human rights standards and the selectivity of human rights causes by governments. France’s intervention in Côte d’Ivoire following the disputed election and the Turkel Commission published its first report on the Gaza Flotilla, both added to some intriguing arguments on the use of force by states in the pursuit of state security and its impact upon human rights and humanitarian law.
Christine Lagarde became the new Managing Director of the IMF beating several candidates from developing states. She is the first female head of one of the four major international organisations. While the IMF had previously agreed on a new policy which would favour the next head of the organisation being from outside Europe and preferably from a developing state, the economic crisis within Europe prompted both the United States and Europe to favour the French candidate. Further substantiating the role of women in important roles in international organisations Fatou Bensouda of Gambia will be appointed to the post of chief Prosecutor of the International Criminal Court in the new year while Tiina Intelmann of Estonia, will be the new President of the Assembly of State Parties which is the governing body of the ICC.
The world’s newest state and the 193rd member of the United Nations, the Republic of South Sudan, gained independence from Sudan on the 9th July. While the transition to independence was relatively peaceful, several border issues have yet to be resolved and human rights abuses continue to be reported in both Sudan and South Sudan. Other issues, such as the status of Kosovo or South Ossetia continued.
The International Court of Justice heard several important cases. These included the case brought by Georgia against Russia under the Convention on the Elimination of all forms of Racial Discrimination following its war in 2008 and the case between Greece and Macadonia on Greece’s veto of its membership of NATO were concluded while several important cases such as between Germany and Italy on immunities for human rights related crimes dating back to the Second World War and the dispute between Cambodia and Thailand regarding the temple of Preah Vihear continued. Ireland also accepted the ICJ’s permanent jurisdiction, an important step in assuring Ireland continues to contribute to international rule of law.
While this has only been a quick overview of some of the important events of the last 12 months what it possibly suggests is the ever-increasing importance of international institutions and law in the everyday lives of individuals, whether this be with regard to the IMF and Ireland or NATO and Libya. The need for increased legitimacy and interaction in and with these organisations is underpinned by these developments as this process of increased international legal engagement at multiple governance levels is set to continue.
