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15 December 2023 / Simon Parsons
Issue: 8053 / Categories: Features , Profession , International justice
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Is international law losing its relevance?

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Simon Parsons expresses concern about the rise of tribalism & resort to force
  • Briefly charts the development of international law since 1945.
  • Notes the restraints on the jurisdiction of the International Criminal Court.
  • Refers to international law aspects of ongoing military conflicts.

The conviction of the Nazi criminals in 1945 for horrific international crimes was to punish the criminals but also to act as a deterrent to others. The purpose of the United Nations, which was founded in 1945, was to establish an effective body built on collective security with strong enforcement powers. But this did not happen because there is no international police force or comprehensive system of international law enforcement. There is no supreme executive authority. The UN Security Council can authorise the use of force to compel states to comply with its decisions but there must be a prior act of aggression or the threat of such an act. Enforcement action can be vetoed by any of the Council’s five permanent members (China, France, Russia, the UK and the US). There is no standing UN military:

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NEWS
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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
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