Chapter VI

INTERNATIONAL LAW
The Great Hall of Justice of the Peace Palace in the
Hague (the Netherlands) at the delivery of the Court’s
Judgment in the case Marshall Islands v. United Kingdom
(5 October 2016, UN Photo/ICJ-CIJ/Frank van Beek).
A
mong the most wide-reaching achievements of the United Nations is its contri-
bution to the development of, and respect for, international law (www.un.org/
en/law/). The Charter of the United Nations specifically calls on the Organization
to encourage the progressive development of international law and its codification (Arti-
cle 13) and to help in the settlement of international disputes by peaceful means, including
judicial settlement (Article 33). While the work of the UN in this area does not always
receive attention, it has a daily impact on the lives of people everywhere.
Many of the legal instruments developed under UN auspices, including treaties,
resolutions and declarations, form the basis of the law that governs relations among
nations. The UN has been at the forefront of efforts to establish a legal framework in
such areas as maintaining international peace and security, facilitating international
commerce, protecting the environment, regulating the oceans and seas, combating ter-
rorism and prosecuting international crimes. These efforts continue today, as interna-
tional law, including human rights law and international humanitarian law, assumes a
more central role across a wider spectrum of issues. The UN Secretary-General is the
depositary of more than 560 multilateral agreements covering a broad range of subject
matters (treaties.un.org).
The UN and its organs also play unique roles in the peaceful settlement of disputes.
From providing a standing court where states can lawfully resolve their grievances, to
establishing ad hoc tribunals in the aftermath of armed conflict, the UN is key to uphold-
ing international law and reaffirming its place as a cornerstone of international relations.

JUDICIAL SETTLEMENT OF DISPUTES

The primary United Nations organ for the settlement of disputes is its principal judicial
organ, the International Court of Justice (ICJ) (www.icj-cij.org). Also known as the
“World Court”, ICJ is the only court of a universal character with general jurisdiction;
this is reflected by the wide range of states parties appearing before it, and of the issues
it has been asked to address. Since its founding in 1946, the Court has considered 164
cases, and issued over 120 judgments and over 150 judicial orders on legal disputes
brought to it by UN member states. It has also issued 27 advisory opinions in response
to requests by UN organizations.
ICJ has become increasingly busy in recent years. As at 12 October 2016, it had 11
active cases on its docket relating to disputes from all corners of the globe. States are
increasingly turning to the Court to resolve disputes relating to treaty interpretation,
land and maritime frontiers, the environment and the conservation of living resources,
and other issues. Consequently, the Court has delivered more judgments in the last 24
years than during the first 44 years of its existence.
ICJ has developed a particularly strong reputation in adjudicating land and maritime
boundary disputes, in which tensions between states can escalate into open conflict.
Parties to such disputes invariably place their confidence in the prospect of the Court
reaching an equitable solution that will in turn normalize relations between them.
Although the most obvious effect of ICJ judgments is the peaceful settlement of
disputes, the influence of the Court’s jurisprudence is felt more broadly. Its pronounce-
ments are widely perceived as authoritative statements of international law, and are
studied closely by other courts and tribunals, legal scholars and advisers to states. Its

233
234 Basic Facts about the United Nations
contribution to the development of international law includes the clarification of spe-
cific rules of customary law.

Contentious cases
Contentious cases have represented 80 per cent of ICJ’s work since 1946. The Court
has delivered judgments on disputes concerning a wide range of issues, including those
related to frontiers, maritime boundaries, territorial sovereignty, the non-use of force,
violation of international humanitarian law, non-interference in the internal affairs of
states, diplomatic relations, hostage-taking, the right of asylum, nationality, guardian-
ship, rights of passage and economic rights.
As to the length of contentious cases, some 75 per cent of cases were dealt with by ICJ
within 4 years; 18 per cent were completed within 5–9 years; and 7 per cent (7 cases so
far) were completed after 10 years or more. The length of each case varies depending on its
complexity, but also on the will of parties to engage in swift proceedings. As the parties to
proceedings are sovereign states, ICJ is limited in its ability to expedite its work on cases.
When so requested, the Court can deliver swift decisions. For example, in 1999, it
delivered an order for provisional measures 24 hours after an urgent request by Ger-
many in a case against the United States (LaGrand) concerning alleged violations of the
Vienna Convention on Consular Relations in the trial and sentencing for murder of two
German nationals. The case itself was dealt with in 28 months.
The procedure followed by the Court in contentious cases includes a written phase
as well as an oral phase consisting of public hearings, during which agents and counsels
address the Court. Following oral proceedings, the Court deliberates in camera, then
delivers its judgment at a public sitting, usually within six months after the end of the
oral phase. The judgment is final and without appeal. Should one of the states involved
fail to comply, the other party may have recourse to the Security Council. Nearly all
ICJ judgments, however, have been implemented.
Recent ICJ cases
In November 2013, in the case concerning the Temple of Preah Vihear, ICJ found that
the Judgment of 15 June 1962 had decided that Cambodia had sovereignty over the
whole territory of the promontory of Preah Vihear, concluding a long running dispute
between Cambodia and Thailand.
In January 2014, in a maritime dispute case between Peru and Chile, the Court
decided on the course of the maritime boundary between Chile and Peru without
determining the precise geographical coordinates, expecting that the parties would
determine those coordinates in accordance with ICJ Judgment, in the spirit of good
neighbourliness.
In March 2014, in the case between Australia and Japan concerning whaling in the
Antarctic, the Court found that Japan’s whaling programme (JARPA II) was not in
accordance with three provisions of the schedule to the International Convention for the
Regulation of Whaling and decided that Japan should revoke any extant authorization
permit or license granted in relation to JARPA II, and refrain from granting any further
permits in pursuance of that programme.
In February 2015, in the case between Croatia and Serbia concerning application of
the Convention on the Prevention and Punishment of the Crime of Genocide, the Court
rejected both Croatia’s claim that Serbia had violated the Convention and Serbia’s coun-
terclaim that Croatia had violated its obligations under the Convention during and after
Operation Storm in August 1995.
Chapter VI: International law 235

In December 2015, in the case between Costa Rica and Nicaragua concerning con-
struction of a road in Costa Rica along the San Juan River, and later joined to the case
concerning certain activities carried out by Nicaragua in the border areas, the Court
found that Costa Rica had violated its obligation to carry out an environmental impact
assessment concerning construction of Route 1856, but that it had not breached sub-
stantive environmental obligations.
On 17 March 2016, the Court found that it had jurisdiction, on the basis of Article
XXXI of the Pact of Bogotá, to entertain the first request put forward by Nicaragua for
the Court to determine the precise course of the maritime boundary between Nicara-
gua and Colombia in the areas of the continental shelf, which appertain to each of them
beyond the boundaries determined by the Court in its Judgment of 19 November 2012,
and that that request was admissible.
In October 2016, in the three cases brought by the Marshall Islands against India,
Pakistan and Great Britain on the obligations concerning negotiations relating to cessa-
tion of the nuclear arms race and nuclear disarmament, the Court upheld India, Paki-
stan and Great Britain’s objections to jurisdiction, based on the absence of a dispute be-
tween the parties, and decided that it could not proceed to the merits of any of the cases.
The Court removed from its docket, in September 2013 and June 2015, respectively,
the case between Ecuador and Colombia concerning aerial herbicide spraying, and the
case between Timor-Leste and Australia concerning questions relating to the seizure
and detention of certain documents and data, as the parties had come to an agreement
or settlement.
As at 31 January 2017, there were 13 pending cases on the Court’s docket involving
17 different states: seven involving Central and South American states (Costa Rica and
Nicaragua in three cases; Chile and Bolivia in two cases; and Nicaragua and Colombia
in two cases); two involving African states (Democratic Republic of the Congo v. Uganda;
Somalia v. Kenya); two involving European states (Hungary v. Slovakia; Ukraine v. Rus-
sian Federation) and two involving states from different regions (Equatorial Guinea v.
France; Islamic Republic of Iran v. United States of America).

Advisory opinions
Another role of the Court is to respond to any legal questions put to it by certain UN
organs and institutions. This procedure culminates in advisory opinions, which repre-
sent 20 per cent of the workload of ICJ. Since 1946, the Court has given 27 advisory
opinions, of which the majority—55 per cent, or 15 opinions—were requested by the
General Assembly.
Unlike judgments, advisory opinions are not binding per se: it is for the UN organs
or specialized agencies that request an opinion to give effect to it or not, by the means
at their disposal. On occasion, a state and an international organization agree that the
organization will request an advisory opinion of the Court in the event of dispute, and
that the two parties will treat the opinion as conclusive. The consideration given to the
Court’s opinions by states and international organizations in their legal practice fosters
the development of international law.
ICJ advisory opinions have covered various issues, including the legality of the threat
or use of nuclear weapons (1996); the status of human rights rapporteurs (1999); the legal
consequences of the construction of a wall in the Occupied Palestinian Territory (2004);
and the accordance with international law of the unilateral declaration of independence
in respect of Kosovo (2010). Other opinions have addressed admission to UN member-
ship (1948); reparation for injuries suffered in the service of the UN (1949); questions
236 Basic Facts about the United Nations
concerning South West Africa (Namibia, in 1950, 1955, 1956 and 1971); the territorial
status of Western Sahara (1975); expenses of certain UN operations (1962); and the appli-
cability of the UN Headquarters Agreement (1988). ICJ has also given advisory opinions
on judgments rendered by international administrative tribunals, most recently on a re-
quest by the Administrative Tribunal of the International Labour Organization in 2012.
So far, the Security Council has only requested one advisory opinion: in July 1970
on the legal consequences for states of the continued presence of South Africa in Na-
mibia. In its advisory opinion of June 1971, the Court found, inter alia, that the contin-
ued presence of South Africa in Namibia was illegal and that the former was obligated
to withdraw its administration immediately.

DEVELOPMENT AND CODIFICATION OF INTERNATIONAL LAW

The International Law Commission (legal.un.org/ilc) was established by the General
Assembly in 1947 to promote the progressive development of international law and
its codification. The Commission, which meets annually, is composed of 34 members
elected by the General Assembly for five-year terms. Collectively, the members repre-
sent the world’s principal legal systems and serve as experts in their individual capacity,
not as representatives of their governments. They address a wide range of issues relevant
to the regulation of relations among states, and frequently consult with relevant inter-
national institutions, depending on the subject being examined.
Most of the Commission’s work involves the preparation of drafts on aspects of inter-
national law. Some topics are chosen by the Commission, others are referred to it by the
General Assembly. When the Commission completes work on a topic, the General Assem-
bly sometimes convenes an international conference of plenipotentiaries to incorporate
the draft into a convention. The convention is then opened to states to become parties—
countries that agree to be bound by the provisions of a convention. Some of these conven-
tions form the foundation of the law governing relations among states. Examples include:
ƒ the Convention on Diplomatic Relations and the Convention on Consular Relations,
adopted at conferences held in Vienna in 1961 and 1963, respectively;
ƒ the Convention on the Law of Treaties, adopted at a conference in Vienna in 1969;
ƒ the Convention on the Prevention and Punishment of Crimes against Internationally Pro-
tected Persons, including Diplomatic Agents, adopted by the General Assembly in 1973;
ƒ the Convention on the Succession of States in Respect of State Property, Archives and
Debts, adopted at a conference in Vienna in 1983;
ƒ the Convention on the Law of Treaties between States and International Organizations or
between International Organizations, adopted at a conference in Vienna in 1986; and
ƒ the Convention on the Non-navigational Uses of International Watercourses, adopted
by the General Assembly in 1997, which regulates the equitable and reasonable uti-
lization of watercourses shared by two or more countries.
Other important instruments developed by the Commission include the draft arti-
cles on the responsibility of states for internationally wrongful acts (2001), the preven-
tion of transboundary harm from hazardous activities (2001), diplomatic protection
(2006), the responsibility of international organizations (2011), the effects of armed
conflicts on treaties (2011), the expulsion of aliens (2014), and the protection of persons
in the event of disasters (2016); as well as the draft principles on the allocation of loss
in the case of transboundary harm arising out of hazardous activities (2006) and the
guide to practice on reservations to treaties (2011).
Chapter VI: International law 237

Topics considered by the Commission in 2016 included immunity of state officials

from foreign criminal jurisdiction; subsequent agreements and subsequent practice in
relation to the interpretation of treaties, provisional application of treaties, identifica-
tion of customary international law, protection of the environment in relation to armed
conflict, protection of the atmosphere, crimes against humanity and jus cogens.

INTERNATIONAL TRADE LAW

The United Nations Commission on International Trade Law (UNCITRAL) (www.
uncitral.org) facilitates world trade by developing conventions, model laws, rules and
legal guides designed to harmonize international trade law. Established by the General
Assembly in 1966, UNCITRAL has become the core legal body of the UN system in
the field of international trade law. The International Trade Law Division of the UN
Office of Legal Affairs serves as its secretariat. The Commission is composed of 60
member state representatives elected by the General Assembly. Membership is struc-
tured to represent the world’s various geographic regions and its principal economic
and legal systems. Members of the Commission are elected for six-year terms. The terms
of half the members expire every three years.
In the past 50 years, the Commission has developed texts that are viewed as land-
marks in various fields of law. These include the UNCITRAL Arbitration Rules (1976);
the UNCITRAL Conciliation Rules (1980); the United Nations Convention on Contracts
for the International Sale of Goods (1980); the UNCITRAL Model Law on International
Commercial Arbitration (1985); the Model Law on Electronic Commerce (1996); the
United Nations Convention on Contracts for the International Carriage of Goods Wholly
or Partly by Sea (2008); the Revisions of the UNCITRAL Arbitration Rules (2010); the
UNCITRAL Model Law on Public Procurement (2011); the UNCITRAL Rules on Trans-
parency in Treaty-based Investor-State Arbitration (2014); the United Nations Convention
on Transparency in Treaty-based Investor-State Arbitration (2014); and the UNCITRAL
Model Law on Secured Transactions (2016). The Commission is also the guardian of the
Convention on the Recognition and Enforcement of Foreign Arbitral Awards (1958).
At its forty-ninth session in 2016, the Commission considered the issues of micro-
small-and medium-sized enterprises; arbitration and conciliation; online dispute reso-
lution; electronic commerce; insolvency law; and security interests. Its work on the
compilation and publication of Case Law on UNCITRAL Texts is ongoing.

ENVIRONMENTAL LAW
The UN has pioneered the development of international environmental law, brokering
major treaties that have advanced environmental protection worldwide. The United Na-
tions Environment Programme (UNEP) (www.unep.org), which administers many of
these treaties, has a long history of contributing toward the development and implemen-
tation of environmental law. Its current activities are based on the 2009 Montevideo Pro-
gramme for the Development and Periodic Review of Environmental Law, which formed
a strategy for the international legal community and UNEP to formulate environmen-
tal law activities for the decade commencing in 2010. UNEP activities include protect-
ing human rights and the environment; improving environmental governance of global
commons; preventing transboundary environmental crime; examining the environmen-
tal impacts of military activities; helping to build a green economy; strengthening and
238 Basic Facts about the United Nations
“greening” water laws; and the progressive development of environmental law. A number
of treaties are administered by UNEP or other entities, including treaty secretariats.
ƒ The 1971 Convention on Wetlands of International Importance Especially as Waterfowl
Habitat obligates states parties to use wisely all wetlands under their jurisdiction
(promoted by UNESCO).
ƒ The 1982 United Nations Convention on the Law of the Sea regulates numerous mar-
itime issues, including the protection and preservation of coasts and the marine
environment; the prevention and control of marine pollution; rights to living and
non-living resources; and the management and conservation of living resources.
ƒ The 1985 Vienna Convention for the Protection of the Ozone Layer and the 1987 Mon-
treal Protocol on Substances that deplete the Ozone Layer and its amendments seek to
reduce damage to the ozone layer, that shields life from the sun’s harmful ultraviolet
radiation (administered by UNEP).
ƒ The 1992 United Nations Framework Convention on Climate Change obligates states
parties to reduce emissions of greenhouse gases that cause global warming and re-
lated atmospheric problems. Its 1997 Kyoto Protocol strengthened the international
response to climate change by setting legally binding emission targets for the period
2008–2012.
ƒ The 1994 United Nations International Convention to Combat Desertification in Those
Countries Experiencing Serious Drought and/or Desertification, Particularly in Africa
seeks to promote international cooperation to combat desertification and to mitigate
the effects of drought.
ƒ The 1998 Rotterdam Convention on the Prior Informed Consent Procedure for Certain
Hazardous Chemicals and Pesticides in International Trade obligates exporters of haz-
ardous chemicals or pesticides to inform importing states on the potential dangers
of these substances.
ƒ The 2001 Stockholm Convention on Persistent Organic Pollutants aims to reduce and
eliminate releases of certain highly toxic pesticides, industrial chemicals and by-
products—such as DDT, PCBs and dioxin—that are highly mobile and accumulate
in the food chain.
ƒ The 2003 Kyiv Protocol on Strategic Environmental Assessment requires states parties
to evaluate the environmental consequences of their draft plans and programmes.
ƒ The 2008 Agreement on the Conservation of Small Cetaceans of the Baltic, North East
Atlantic, Irish and North Seas aims to promote cooperation among parties for the
conservation of small cetaceans and their habitats.
ƒ The 2010 Agreement on the Conservation of Cetaceans of the Black Sea, Mediterranean
Sea and neighbouring Atlantic Area seeks to reduce the threat to cetaceans and re-
quires that states ban the deliberate capture of cetaceans and create protected zones.
ƒ The 2013 Minamata Convention on Mercury, which aims to protect human health
and the environment from the adverse effects of mercury, is not yet in force.
For information on additional environmental law treaties, see biodiversity; chemicals;
climate change; desertification; environment; ozone depletion; and hazardous wastes.

LAW OF THE SEA

The United Nations Convention on the Law of the Sea (www.un.org/depts/los) is one of
the most comprehensive instruments of international law. It contains an all-encompass-
ing legal regime for our oceans and seas, establishing rules governing all activities in the
Chapter VI: International law 239

oceans and the use of their resources—including navigation and overflight, exploration
and exploitation of minerals, conservation and management of living resources, protec-
tion of the marine environment, and marine scientific research. It enshrines the notion
that all problems of ocean space are interrelated and need to be addressed as a whole.
It embodies in one instrument the codification of traditional rules for the use of the
oceans, as well as the development of new rules governing emerging concerns.
It is universally accepted that the Convention sets out the legal framework within
which all activities in the oceans and the seas must be carried out. Its authority resides
in its acceptance—as at December 2016, the Convention had 168 parties, including the
European Union—and recognition as a source of customary international law.

Impact of the Convention

States have consistently upheld the Convention as the pre-eminent international legal
instrument in the field, which is often referred to as the “constitution for the oceans”. It
provides the framework and foundation for any future instruments that seek to clarify
the rights and obligations of states with regard to the oceans. Some of its principles that
have received near-universal acceptance include:
ƒ twelve nautical miles as the limit of the territorial sea;
ƒ coastal states’ sovereign rights and jurisdiction in an “exclusive economic zone” up
to 200 nautical miles and over the continental shelf extending up to 200 nautical
miles or, under certain circumstances, beyond that limit; and
ƒ the general obligation to protect and preserve the marine environment.
The Convention has also brought stability in the area of navigation, establishing the
rights of innocent passage through the territorial sea; transit passage through narrow
straits used for international navigation; sea lanes passage through archipelagic waters;
and freedom of navigation in the exclusive economic zone. The Convention has also
been acknowledged for its provisions on marine scientific research and on the rights of
landlocked states and geographically disadvantaged states.
The acceptance of the Convention was facilitated in 1994 by the General Assembly’s
adoption of the Agreement Relating to the Implementation of Part XI of the Convention,
which removed certain obstacles relating to the international seabed area that had pre-
vented mainly industrialized countries from becoming parties to the Convention. As at
December 2016, the Agreement had 150 parties.
The 1995 United Nations Agreement on Straddling Fish Stocks and Highly Migratory
Fish Stocks implements provisions in the Convention relating to these fish stocks, set-
ting out the legal regime for their conservation and management. It requires states to
cooperate in adopting measures to ensure their long-term sustainability and to promote
their optimum utilization. States are also required to cooperate to achieve compatibility
of measures with respect to these stocks for areas under national jurisdiction and the
adjacent high seas. As at December 2016, the Agreement had 84 parties.

Bodies established under the Convention

The Convention established three bodies to address various aspects of the law of the sea.
The UN has concluded relationship agreements with the first two listed below and the
secretariat of the third is provided by the UN Secretary-General.
Through the International Seabed Authority (www.isa.org.jm), states parties or-
ganize and control activities relating to the deep seabed’s mineral resources in the In-
240 Basic Facts about the United Nations
ternational Seabed Area, defined as “the seabed and ocean floor and the subsoil thereof,
beyond the limits of national jurisdiction”. Inaugurated in 1994, it is located in King-
ston, Jamaica. The Authority adopted regulations on prospecting and exploration for
polymetallic nodules in the Area (2000, amended 2013); polymetallic sulphides in the
Area (2010); and cobalt-rich ferromanganese crusts in the Area (2012). The first 15-year
contracts were signed in 2001. To date, ISA has concluded 15-year exploration con-
tracts with 26 contractors. In addition to regulating deep seabed mining and ensuring
that the marine environment is protected from any harmful effects of mining activities,
ISA carries out seabed area assessments, maintains a database (POLYDAT) on inter-
national seabed area resources, and monitors the status of scientific knowledge of the
deep sea marine environment.
The International Tribunal for the Law of the Sea (ITLOS) (www.itlos.org) was
established to settle disputes relating to the interpretation or application of the Conven-
tion. Composed of 21 judges elected by the states parties, it was inaugurated in 1996,
and it is located in Hamburg, Germany. As at November 2016, some 25 cases had been
submitted to the Tribunal, several of them seeking the prompt release of vessels and
crews allegedly arrested in breach of the Convention. Other cases addressed issues like
the conservation of living resources (New Zealand v. Japan; Australia v. Japan), the pro-
tection and preservation of the marine environment (Ireland v. United Kingdom; Malay-
sia v. Singapore) and maritime boundary delimitation (Bangladesh v. Myanmar; Ghana
v. Côte d’Ivoire). The Tribunal also considered two requests for advisory opinions.
The Commission on the Limits of the Continental Shelf (CLCS) (www.un.org/
depts/los/clcs_new/clcs_home.htm) was established to facilitate the implementation of
the Convention with respect to the delineation of the outer limits of the continental
shelf beyond 200 nautical miles. Under article 76, a coastal state may establish the
outer limits of its continental shelf beyond 200 nautical miles if certain scientific and
technical criteria are met. The Commission held its first session at UN Headquarters in
1997. Its 21 members, elected by the states parties, serve in their personal capacity. They
are experts in geology, geophysics, hydrography and geodesy. As at November 2016,
the Commission had received 82 submissions and had adopted 26 recommendations.

Meetings of states parties and General Assembly processes

The annual meeting of states parties to the Convention, which is convened by the UN
Secretary-General, addresses administrative matters, such as the election of members of
the Tribunal and the Commission, as well as budgetary matters and general issues that
arise with respect to the Convention. The Secretary-General has also convened informal
consultations of the states parties to the Fish Stocks Agreement since its entry into force
in 2001, as well as the Review Conference in 2006, 2010 and 2016, in order to monitor
the implementation of the Agreement.
The General Assembly annually reviews developments in ocean affairs and the law
of the sea and has established a number of subsidiary bodies to assist in that task. In
2000, it established the UN Open-ended Informal Consultative Process on Oceans
and the Law of the Sea, which convenes annually and makes suggestions to the As-
sembly on specific issues, with an emphasis on areas where coordination and coop-
eration at the intergovernmental and inter-agency levels should be enhanced. In 2015,
the Assembly decided to develop an international legally binding instrument under
the Convention on the conservation and sustainable use of marine biological diversity
in areas beyond national jurisdiction. It established a preparatory committee to meet
in 2016 and 2017 and make recommendations on the elements of a draft text of that
Chapter VI: International law 241

instrument. In December 2015, the Assembly welcomed the first global integrated ma-
rine assessment. The comprehensive report, known as “World Ocean Assessment  I”,
indicates that the world’s oceans are facing major pressures simultaneously and that
the limits of their carrying capacity are being, or in some cases have been, reached. The
report was the output of the first cycle of the Regular Process for Global Reporting and
Assessment of the State of the Marine Environment, including Socioeconomic Aspects
(www.worldoceanassessment.org), which aims to regularly review the environmental,
economic and social aspects of the world’s oceans.

INTERNATIONAL HUMANITARIAN LAW

International humanitarian law encompasses the principles and rules that apply in situ-
ations of armed conflict and regulate the conduct of the parties to the conflict, with a
view to upholding basic principles of humanity in such situations. It provides protec-
tion for civilians, the wounded and sick, and detained persons. It also regulates the
means and methods by which military operations are conducted. Major instruments
include the four Geneva Conventions of 1949 and the two Additional Protocols con-
cluded in 1977.
The United Nations has taken a leading role in efforts to advance international
humanitarian law. The Security Council has taken action to promote and ensure re-
spect for international humanitarian law, including by establishing the International
Criminal Tribunals for the former Yugoslavia (1993) and for Rwanda (1994), together
with their institutional successor, the International Residual Mechanism for Crimi-
nal Tribunals (2010), to ensure accountability for serious violations of international
humanitarian law. The Council regularly calls on parties to conflict to protect civilians,
including women, children, journalists and medical and humanitarian personnel, and
is increasingly mandating UN peacekeeping operations deployed to situations of armed
conflict to protect civilians under imminent threat of physical violence.
The General Assembly has contributed to elaborating a number of instruments that
have significantly advanced the scope and application of international humanitarian
law, often through its subsidiary organs, such as the International Law Commission
and the Conference on Disarmament, or through UN conferences convened by the
Assembly. Among them are the Convention on Certain Conventional Weapons (1980)
and its Protocols; the Convention on the Rights of the Child (1989) and its Optional Pro-
tocol; the Chemical Weapons Convention (1992); the Rome Statute of the International
Criminal Court (1998); and the Arms Trade Treaty (2013). The Human Rights Council,
which is a subsidiary organ of the General Assembly, has mandated a number of fact-
finding missions, commissions of inquiry, special rapporteurs and independent experts
to report on specific human rights issues, including potential violations of international
humanitarian law.
The International Court of Justice has also made important contributions to the in-
terpretation and application of international humanitarian law through its contentious
and advisory cases, such as in the Legality of the Threat or Use of Nuclear Weapons of 1996.

INTERNATIONAL TERRORISM
The United Nations has consistently addressed the problem of terrorism in both its
legal and political dimensions. The UN has also been the target of terrorism. From
Afghanistan to Algeria, from Iraq to Pakistan, UN staff members have lost their lives
242 Basic Facts about the United Nations
in the line of duty, in the service of peace, human rights and development. In 2015,
four of the six UN personnel who lost their lives due to terrorism were killed in a single
terrorist attack in Somalia.
Since 1963, the international community—under the auspices of the UN, its spe-
cialized agencies and the International Atomic Energy Agency—has elaborated 12 in-
ternational legal instruments and five amendments to prevent terrorist acts, including:
ƒ Convention on Offences and Certain Other Acts Committed on Board Aircraft (1963)
and its Protocol (2014);
ƒ Convention for the Suppression of Unlawful Seizure of Aircraft (1970) and its supple-
mentary Protocol (2010);
ƒ Convention on the Prevention and Punishment of Crimes against Internationally Pro-
tected Persons, including Diplomatic Agents (1973);
ƒ International Convention against the Taking of Hostages (1979);
ƒ Convention on the Physical Protection of Nuclear Material (1980) and its amendments
(2005);
ƒ Convention for the Suppression of Unlawful Acts against the Safety of Maritime Naviga-
tion (1988) and its Protocol (2005);
ƒ Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Lo-
cated on the Continental Shelf (1988) and its Protocol (2005);
ƒ Convention on the Marking of Plastic Explosives for the Purpose of Detection (1991).
ƒ International Convention for the Suppression of Terrorist Bombings (1997);
ƒ International Convention for the Suppression of the Financing of Terrorism (1999);
ƒ International Convention for the Suppression of Acts of Nuclear Terrorism (2005);
ƒ Convention on the Suppression of Unlawful Acts Relating to International Civil Avia-
tion (2010).
In 1994, the General Assembly adopted a Declaration on Measures to Eliminate In-
ternational Terrorism. In 1996, in a Declaration to Supplement the 1994 Declaration, the
Assembly condemned all acts and practices of terrorism as criminal and unjustifiable,
wherever and by whomever committed. It also urged states to take measures at the
national and international levels to eliminate terrorism. An ad hoc committee estab-
lished by the Assembly in 1996 was tasked with negotiating a comprehensive conven-
tion against terrorism to address gaps left by existing treaties.
After the 11 September 2001 terrorist attacks on the United States, the Security
Council established its Counter-Terrorism Committee (www.un.org/sc/ctc). Among its
functions, the Committee monitors implementation of Council resolutions 1373(2001)
and 1624(2005), which imposed certain obligations on member states. These include
criminalization of terrorism-related activities, including the provision of assistance to
carry them out; denial of funding and safe haven to terrorists; and the exchange of
information on terrorist groups.
At the 2005 World Summit, world leaders condemned terrorism in all its forms and
requested member states to work through the General Assembly to adopt a counter-
terrorism strategy based on recommendations from the UN Secretary-General.
The year 2016 marked the tenth anniversary of the United Nations Global Coun-
ter-Terrorism Strategy (www.un.org/counterterrorism/ctitf/en/un-global-counter-
terrorism-strategy), which was launched in 2006, following its unanimous adoption
by the Assembly. Based on the fundamental conviction that terrorism in all its forms
is unacceptable and can never be justified, the Strategy outlines a range of meas-
ures to address terrorism in all its aspects at the national, regional and international
Chapter VI: International law 243

levels. In July 2016, following its fifth biennial review of the Strategy, the Assembly
adopted a resolution reinforcing global momentum in the fight against terrorism and
violent extremism.
The Counter-Terrorism Implementation Task Force (CTITF) (www.un.org/coun-
terterrorism/ctitf), established in 2005 to bring system-wide coordination and co-
herence in UN counter-terrorism work, was institutionalized in the Department of
Political Affairs in December 2009. The CTITF Office, which functions as a secreta-
riat, oversees a CTITF membership that extends to 37 UN entities and INTERPOL
and organizes its work through 12 inter-agency working groups. The United Nations
Counter-Terrorism Centre (UNCCT) was established in September 2011 within the
CTITF Office to support member states in implementing the Strategy, through jointly
funded capacity-building projects.

The Security Council meets to consider the threat to international peace and security
posed by ISIL (Da’esh) and the range of UN efforts in support of member states in countering
that threat. (7 February 2017, UN Photo/Rick Bajornas)

INTERNATIONAL CRIMINAL COURT

The International Criminal Court (ICC) (www.icc-cpi.int) is an independent, perma-
nent court that investigates and prosecutes persons accused of the most serious crimes
of international concern, namely genocide, crimes against humanity and war crimes. It
will also have jurisdiction over the crime of aggression subject to a decision to be taken
by its states parties in 2017. The Court was established by the Rome Statute of the Inter-
national Criminal Court (www.un.org/law/icc), adopted at a plenipotentiary conference
held in Rome on 17 July 1998. The Statute entered into force on 1 July 2002. As at
November 2016, it had 124 States parties.
244 Basic Facts about the United Nations
ICC is legally and functionally independent of the United Nations, and is not a part
of the UN system. Cooperation between the UN and ICC is governed by a 2004 Ne-
gotiated Relationship Agreement. The Security Council can refer situations to ICC, in-
cluding those regarding states not party to the Rome Statute. The Court has 18 judges,
elected by the states parties for a term limited to nine years. Judges can, however, re-
main in office to complete any trial or appeal that has already begun. No two judges
can be from the same country.
As at November 2016, the ICC was conducting investigations and judicial pro-
ceedings in relation to ten situations: Central African Republic (two situations), Côte
d’Ivoire, Darfur (the Sudan), the Democratic Republic of the Congo, Georgia, Kenya,
Libya, Mali and Uganda. The ICC Prosecutor was also conducting preliminary ex-
aminations in a number of situations. The ICC was seized of 23 cases. In 2016, the
landmark decision against Ahmad Al Faqi Al Mahdi, in the situation in Mali, was
the first conviction in an international court for destruction of cultural heritage, while
the judgment against Jean-Pierre Bemba Gombo, regarding the Central African Re-
public situation, addressed elements regarding command responsibility and sexual and
gender-based violence.

OTHER LEGAL QUESTIONS

The General Assembly has adopted legal instruments on various other questions con-
cerning the international community and the peoples of the world. Among these are
the International Convention against the Recruitment, Use, Financing and Training of
Mercenaries (1989); the Convention on the Safety of United Nations and Associated Person-
nel (1994); and the United Nations Convention on Jurisdictional Immunities of States and
Their Property (2004).
The Assembly has also adopted international instruments having to do with the
work of the UN itself on the recommendation of the Special Committee on the Char-
ter of the United Nations and on the Strengthening of the Role of the Organization,
established by the Assembly in 1974. These include the Manila Declaration on the Peace-
ful Settlement of International Disputes (1982); the Declaration on the Prevention and
Removal of Disputes and Situations Which May Threaten International Peace and Security
and on the Role of the United Nations in this Field (1988); the Declaration on Fact-finding
by the United Nations in the Field of the Maintenance of International Peace and Security
(1991); the Declaration on the Enhancement of Cooperation between the United Nations
and Regional Arrangements or Agencies in the Maintenance of International Peace and
Security (1994); the United Nations Model Rules for the Conciliation of Disputes between
States (1995); and General Assembly resolutions on Prevention and peaceful settlement
of disputes (2002) and the Introduction and implementation of sanctions imposed by the
United Nations (2009).
Under Article 102 of the Charter of the United Nations, every treaty and interna-
tional agreement entered into by any member state shall be registered with the UN
Secretariat and published by it. The UN Office of Legal Affairs is responsible for the
registration of treaties and their publication in the United Nations Treaty Series, which
contains the texts of registered treaties and related subsequent actions. It also discharges
the functions of the Secretary-General as depositary of more than 560 multilateral
treaties adopted within the UN framework or at UN-convened conferences. All rel-
evant information is available online in the United Nations Treaty Collection (treaties.
un.org), which contains more than 250,000 entries and is updated daily.