By Attai, Itoro Lawrence.
States interact with one another in a common environment known as the international system. Each nation within this system is considered to be sovereign, though some of the States are more powerful than others.
The interactions between sovereign States are moderated within the international system by a set of written and unwritten regulations which make up what we call international law. Even with all the regulations, the international system is still largely anarchical because unlike municipal law, international law has weaknesses in its enforcement mechanism.
Whereas in State laws, there are enforcement structures such as a sitting government with Police officers to ensure general order and prosecute defaulters in Court, the international system lacks a world government.
As a result, when there are violations of its regulations, the comity of nations would usually lean on appeals to morality as its major instrument in constraining belligerent nations. The need to set up the enabling structures of a world government led to the formation of the United Nations (UN). H
Among other things, the UN set out to enforce the principle of egalitarianism, but the question now as it was in the beginning is still: How equal are the States within the international system? In the face of glaring disparities, many people also ask as captured in the lyrics of a Nigerian musician, late Fela Anikulapo Kuti: “Who and who unite inside United Nations?”
In response, the UN moved swiftly to establish the International Court Of Justice (ICJ) to resolve conflicts among member States and to protect the rights of weaker nations. This initiative was greeted with cynicism at its inception and many member States rejected the jurisdiction of the ICJ.
The credibility of the ICJ surged to great heights when the Court ruled against the U.S. in a case of illegal mining in Nicaraguan waters. The case was filed against the U.S. by Nicaragua.
Thereafter, the number of member States of the UN that accepted the jurisdiction of the ICJ jumped astronomically and so did the number of cases that were brought before the Court in The Hague.
However, international law continues to suffer disrespect because, in most cases, policing the world requires the deployment of huge resources. The powerful States with the wherewithal to meet the enforcement requirements of international law on behalf of the UN are usually not disposed to releasing the resources except their national interests are at stake.
In cases where the powerful States are the ones breaking international law, they would not turn the constraining structures against themselves. This has led to a situation where the developing States and super powers appear not to be treated with equality in the international system.
In 1983, without regard for the State’s sovereignty, the United States of America invaded the Caribbean Island nation of Grenada. The USA also repeated similar acts of impunity in Panama against the government of General Manuel Noriega. Mr. Manuel Antonio Noriega Moreno was abducted to the United States to face drug trafficking charges. In spite of the gross violation of a State’s sovereignty and the abuse of an individual’s rights, the United States of America went scot free.
On the other hand, Nigeria was treated as a pariah State by the UN prior to 1999 as a result of the involvement of the military in its local politics. Iraq was invaded and Saddam Hussein overthrown for annexing Kuwait in 1990 and for unproven charges of possessing weapons of mass destruction. Smaller States are made to suffer dastard consequences such as armed attacks by other nations when they violate international law. This is rarely the case with the more powerful States like the United States of America, China, Britain, France and Russia who design the rules on behalf of the UN that are binding on all the member nations.
Nonetheless, the weaknesses observed are not sufficient reasons to say that international law has achieved nothing or is not still needed today. We must recognize that laws are still being flouted even in municipal systems with prevalent and effective law enforcement structures. This does not suggest in any way that the law should be scrapped. Wherever there is law, violation is inevitable.
The UN may not perform exactly as States expect it to do in all cases, but its regulations are effective checks on the activities of member States thereby ensuring acceptable order within the international system.
The recent conviction of Mr. Hissene Habre to life imprisonment by a Court in Sierra Leone on behalf of the African Union, in a case brought against the former President of Chad by victims of his crimes against humanity is further proof of the usefulness of international law.
*Attai, Itoro Lawrence is an undergraduate student of International Relations in a Nigerian University.