Summarise and critically comment on the listed International Law Sources listed below
ASSIGNMENT INSTRUCTIONS AND GUIDELINES
1. Please submit the research essay ONLINE in the drop box created for the purpose on Blackboard on or before 24h00 on 1 April 2024.
2. Please structure your essay as follows.
2.1 THE UN CHARTER AND STATUTE OF THE INTERNATIONAL COURT OF JUSTICE. Summary and critical commentary on (a) articles 92-96 and 103 of the UN CHARTER. (b) Articles 38 and 36(2) of the Statute of the International Court of Justice.
2.2 THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT. Summary and critical commentary on the affirmation, determination and recollection clauses in the PREAMBLE to the statute; articles 12, 13, 15(1)-4, 17, 21, 25(2), 25(3) (e) and article 27.
2.3 THE AFRICAN CRIMINAL COURT in the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (the Malabo Protocol). Summary and critical commentary on articles 28, 28A, 29 and 46A.
The listed International Law Sources are key legal documents that govern the functioning of international institutions and the prosecution of international crimes.
1. The UN Charter and Statute of the International Court of Justice: Articles 92-96 of the UN Charter outline the procedure for the admission of new members to the United Nations, while Article 103 establishes the supremacy of the United Nations Charter over any other international agreements. Articles 38 and 36(2) of the Statute of the International Court of Justice define the sources of international law and the jurisdiction of the Court.
2. The Rome Statute of the International Criminal Court: The Preamble to the Rome Statute includes affirmation, determination, and recollection clauses that set out the goals and principles of the ICC. Articles 12, 13, 15(1)-4, 17, 21, 25(2), 25(3)(e), and 27 detail the jurisdiction, crimes, and procedures of the ICC.
3. The African Criminal Court in the Malabo Protocol: The Malabo Protocol establishes the African Criminal Court as part of the African Union. Articles 28, 28A, 29, and 46A outline the jurisdiction, composition, and procedures of the court.
Overall, these legal sources play a crucial role in shaping the international legal system and ensuring accountability for violations of international law. They provide a framework for resolving disputes and prosecuting individuals responsible for war crimes, crimes against humanity, and other serious offenses. However, challenges remain in ensuring the effective implementation and enforcement of these legal provisions, particularly in the face of political obstacles and lack of universal adherence to international legal standards.