Who is responsible for international law?

The principal judicial organ of the United Nations is the International Court of Justice (ICJ). This main body of the UN resolves legal disputes submitted to it by States in accordance with international law. The General Assembly is composed of representatives of each member State of the UN and is the main deliberative body on matters related to international law. In fact, many multilateral treaties are adopted by the General Assembly and, subsequently, open for signature and ratification.

The Legal Commission (Sixth) assists in the work of the General Assembly by providing advice on substantive legal issues. The Committee is also composed of representatives of all UN Member States. International human rights law establishes obligations that States are obliged to respect. By becoming parties to international treaties, States assume obligations and duties under international law to respect, protect and give effect to human rights.

The obligation to respect means that States must refrain from interfering with or limiting the enjoyment of human rights. The obligation to protect requires States to protect individuals and groups against human rights violations. The obligation to comply means that States must take positive steps to facilitate the enjoyment of basic human rights. The commission by several international persons of one or more internationally wrongful acts contributing to indivisible harm implies a shared responsibility.

The Charter of the United Nations specifically requests the Organization to assist in the settlement of international disputes by peaceful means, including arbitration and judicial settlement (Article 3), and to encourage the progressive development of international law and its codification (Article 1) In such situations, the present Principle applies regardless of whether the act in question is internationally wrongful for the international organization. International law is also used to govern issues related to the global environment, global commons, such as international waters and outer space, global communications and world trade. This principle addresses, but is not limited to, situations of responsibility in relation to the internationally wrongful act of another international person that are covered by articles 17 and 18 of the ARSIWA, as well as by articles 15, 16, 17 (, 59) and 60 of the ARIO. In international law, interpretation is within the purview of the States concerned, but it can also be conferred on judicial bodies such as the International Court of Justice, by the terms of treaties or by the consent of the parties.

Other international persons sharing responsibility have a corresponding obligation to compensate the international person who has made full reparation. The main justification for the obligation to make full reparation to all international persons responsible in situations of shared responsibility is the protection of injured persons who, given limited access to international tribunals, would otherwise have no recourse. A common body is a person or entity acting on behalf of multiple international persons and that does not have a separate international legal personality. This is the case when a single internationally wrongful act entails the responsibility of multiple international persons under Principle 3.

Many people now see the nation-State as the principal unit of international affairs, and believe that only States can choose to voluntarily enter into commitments under international law and that they have the right to follow their own advice regarding the interpretation of their commitments. In accordance with principles 9 and 10, this implies that an injured international person may have the right to claim cessation and to the assurances and guarantees of non-repetition of each international person responsible, as well as to full reparation for the indivisible damage he or she has suffered. .