International Law
The Role of an Individual in International Law
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The Role of an Individual in International Law At a glance, one may assume that individuals do not play a significant role in international law. International law may seem too broad to encompass individuals in any society. This is because that international law has no jurisdiction. It applies regardless of the local jurisdiction sometimes even overriding local legislation. Courts may use international law to pass judgement on tricky cases. However, individuals play a significant role in international law. International law focuses mainly on the individual. It ensures that individuals get justice mostly in situations when the national legislation does not guarantee justice of the individual. International law ensures that national legislation guarantees the protection of human rights of individuals. Focus of international law on the individual is similar to focus on the individual by national legislation. However, international law ensures that it respects the sovereignty of states. International law should not engage in international affairs of nations to the agenda of a few countries. To achieve this international law treats all nations with equality. The international community only intervenes in cases where there is widespread oppression of the citizens of a nation by the state. There are various statutes in international law that protect human rights and ensure peaceful resolution of disputes. The Rome Statute, which led to the formation of the International Criminal Court (ICC), is one of the statutes of international law. Sadly, various powerful nations use international law and the excuse of human rights and constitutionalism, to further their own agenda. Before discussing the role of an individual in international law, it is critical to discuss the history of international law, in order to form a clear perception of the law. Despite the fact that various
Student`s name:
Institution of Learning:
The Role of an Individual in International Law At a glance, one may assume that individuals do not play a significant role in international law. International law may seem too broad to encompass individuals in any society. This is because that international law has no jurisdiction. It applies regardless of the local jurisdiction sometimes even overriding local legislation. Courts may use international law to pass judgement on tricky cases. However, individuals play a significant role in international law. International law focuses mainly on the individual. It ensures that individuals get justice mostly in situations when the national legislation does not guarantee justice of the individual. International law ensures that national legislation guarantees the protection of human rights of individuals. Focus of international law on the individual is similar to focus on the individual by national legislation. However, international law ensures that it respects the sovereignty of states. International law should not engage in international affairs of nations to the agenda of a few countries. To achieve this international law treats all nations with equality. The international community only intervenes in cases where there is widespread oppression of the citizens of a nation by the state. There are various statutes in international law that protect human rights and ensure peaceful resolution of disputes. The Rome Statute, which led to the formation of the International Criminal Court (ICC), is one of the statutes of international law. Sadly, various powerful nations use international law and the excuse of human rights and constitutionalism, to further their own agenda. Before discussing the role of an individual in international law, it is critical to discuss the history of international law, in order to form a clear perception of the law. Despite the fact that various
Bibliography: Bassiouni, M. Cherif, Crimes Against Humanity: Historical Evolution and Contemporary Application, Cambridge University Press, 2011. Campbell, Tom, Prescriptive Legal Positivism: Law, Rights And Democracy, Routledge, 2004. Beard, Charles Austin, An Economic Interpretation of the Constitution of the United States, Courier Dover Publications, 2004. Hansen, Thomas Blom & Stepputat, Finn, Sovereign Bodies: Citizens, Migrants, And States In The Postcolonial World, Princeton University Press, 2005. Hensel, Howard M., Sovereignty and the Global Community: The Quest for Order in the International System, Ashgate Publishing, Ltd, 2004. Krieger, Heike, The Kosovo Conflict and International Law: An Analytical Documentation 1974-1999, Cambridge University Press, 2001. Mandaville, Peter, Global political Islam, Routledge, 2007. Volken, Paul & Bonomi, Andrea, Yearbook of Private International Law: 2007, Walter de Gruyter, 2008. ----------------------- [1] Heike Krieger, The Kosovo Conflict and International Law: An Analytical Documentation 1974-1999, (Cambridge University Press, 2001) 504. [2] Thomas Blom Hansen & Finn Stepputat, Sovereign Bodies: Citizens, Migrants, And States In The Postcolonial World, (Princeton University Press, 2005) 10 [3] Peter Mandaville, Global political Islam, (Routledge, 2007) 49. [4] Tom Campbell, Prescriptive Legal Positivism: Law, Rights And Democracy, (Routledge, 2004) 284 [5] Paul Volken & Andrea Bonomi, Yearbook of Private International Law: 2007, (Walter de Gruyter, 2008) 259. [6] M. Cherif Bassiouni, Crimes Against Humanity: Historical Evolution and Contemporary Application, (Cambridge University Press, 2011) 214 [7] Howard M [8] ibid [9] Charles Austin Beard, An Economic Interpretation of the Constitution of the United States, (Courier Dover Publications, 2004) 6