International Law, dispute resolution, International Court of Justice, European Court of Human Rights, International Criminal Court, public international law, international litigation, international justice
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Abstract
This document discusses the role of international law in resolving conflicts between states, its limitations, and the impact of political tensions on its effectiveness.
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[...] In 1986, the United States, condemned by the ICJ in the Nicaragua case, simply refused to execute the ruling, without the Court or the Security Council being able to force them to do so. The Politicization of International Litigation and the Fragmentation of International Justice International law is also facing growing political tensions that limit its effectiveness. International courts are sometimes accused of beingtre instrumentalisor biasare. For example, the ICC has often been criticized by certain African states for its supposed focus on the African continent, which has led some of them, such as Burundi, to withdraw from the Rome Statute. [...]
[...] International texts - Charter of the United Nations June 1945 - Statute of the International Court of Justice June 1945 - Convention on the Prevention and Punishment of the Crime of Genocide December 1948. - United Nations Convention on the Law of the Sea, Montego Bay December 1982. - Rome Statute of the International Criminal Court July 1998. Others - United Nations, Charter and Basic Texts, https://www.un.org/fr/about-us/un-charter - Report of the International Law Commission, Fragmentation of International Law, A/CN.4/L.682, 2006. [...]
[...] In the conflict in Ukraine, or in that between Israeland the Palestinian territories, the decisions of international jurisdictions struggle to produce concrete effects on the ground. The acceptance of international law often remains conditional to the willis a political will of States, limiting the real impact of law on the resolution of international conflicts. In the end, international law plays a crucial role in organizing and structuring the rissettlement of international disputes. By its principles, its procedures and the action of specialized judicial bodies.to it to pacify international relations and to provide an objective framework for the resolution of conflicts. [...]
[...] In addition, certain principles, such as the obligation to resolve disputes peacefully or the respect for territorial integrity, have become established as references.ècommon references that promote the stability of international relations. II) The structural and political limits of the influence of international law in disputes Despite its structuring role, international law faces limitations that reduce its concrete effectivenessisit in conflict resolution. These limitations are as much due to the foundations of the systemisme international in that its dependence on political play. State Consent: A Brake on the Effectiveness of International Law One of the major weaknesses of international litigation comes from the fact that no jurisdiction is really compulsory. [...]
[...] Recent cases show that international law remains mobilized and relevant. However, the effectiveness of this law remains hindered by several limitations. The voluntary acceptance of the jurisdiction of courts, the absence of binding enforcement mechanisms and the influence of politics weaken its impact. In reality, the effectiveness of international litigation still depends on the will of the parties. However, despite these obstacles, international law remains an indispensable tool for regulating international relations. Its continued development, driven by jurisprudence and practices, suggests the possibility of a progressive strengthening of its effectiveness in managing conflicts. [...]
